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The definition also covers arrangements made by the person who committed the offence from which the profits or means stem.

The ‘financing of terrorism’ is defined in Section 114b of the Criminal Code in regard to actions covered by Section 114. The code defines the financing of terrorism as direct or indirect financial support to the direct or indirect organisation, or raising of funds for or the making available of funds, other assets or similar services, directly or indirectly, to a person or group which commits or plans to commit acts that are considered to be acts of terror (as defined in Sections 114 and 114a).

‘Fraud’ is defined in Section 279 as follows:

A person is guilty of fraud if, by wrongfully creating, confirming or exploiting a mistake to obtain an unlawful gain for himself or others, he induces another person to perform or fail to perform an act and thereby inflicts a property loss on such other person or someone to whom the performance or failure becomes essential.

‘Data fraud’ is defined in Section 279a as follows:

A person is guilty of data fraud if he wrongfully edits, adds or deletes data or programs for electronic data processing or otherwise wrongfully attempts to influence the output of such data processing to obtain an unlawful gain for himself or others.

Principal and secondary offences

What are the principal and secondary offences in relation to money laundering, terrorism financing and fraud?

The principal offences in relation to money laundering are:

    to unlawfully receive or obtain for oneself or others a share in profits or means obtained through a criminal offence;

    to unlawfully conceal, store, transport, assist in the disposal of or otherwise subsequently serve to ensure the financial profits or means obtained through a criminal offence; and

    to attempt or participate in such actions.

It also covers arrangements made by the person who committed the offence from which the profits or means stem.

The principal offence when it comes to the financing of terrorism is defined in Section 114b of the Criminal Code in regard to actions covered by Section 114. The code defines ‘financing of terrorism’ as direct or indirect financial support of the direct or indirect organisation, or raising funds for, or the direct or indirect making available of funds, other assets or similar services to a person or group who commits or plans to commit acts which are considered to be acts of terror (as defined in Sections 114 and 114a).

Regarding fraud, the main provision is found in Section 279 of the Criminal Code. The provision covers different types of fraud, including insurance fraud, credit fraud and match fixing, among others. Fraud relating to government benefits (eg, tax or customs) was previously also regulated by Section 279, but now most cases relating to benefit fraud are covered by Section 289 and Section 289a of the Criminal Code.

Section 279a of the Criminal Code criminalises data fraud. This provision was incorporated into the code in 1985 to cover, among other things, access to an IT system without permission (eg, hacking or abuse of access privileges to an IT system).

If the conditions of fraud are not met, it may be possible to punish a person under Section 298. The provision stipulates four different actions where a person may be fined or imprisoned for up to six months in cases which do not fall within Section 279. Another supplement to the fraud provision is Section 300a of the Criminal Code. If a person obtains an unlawful gain for themselves or others, and the action does not fall within Section 279 or Section 279a, the person may be guilty of breach of trust (cf, Section 280).

Predicate offences

How are predicate offences defined?

The range of offences in the definition of ‘predicate offences’ is not made specific. Any breach of the Criminal Code or other specific act which results in a person unlawfully receiving or obtaining for themselves or others a share in profits or means obtained through criminal offence is covered by the law.

De minimis rules

What de minimis rules apply to money laundering, terrorism financing and fraud offences?

There is no de minimis amount in Denmark below which money laundering or terrorist financing prosecution is not possible, nor is there an amount below which anti-money laundering or counter-terrorist financing due diligence does not arise where there is a business relationship.

Legislation envisages occasional transactions (where there is no business relationship) triggering customer due diligence when the occasional transactions reach €15,000. This amount has been lowered to €500 for currency exchange.

No de minimis rules apply in the context of fraud. Section 279 of the Criminal Code applies if there is a significant risk of property loss even if this loss has not yet manifested itself.

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