CCPL Seminar: “Evolving Trends in Criminal Law and Procedure”
24 October 2024 (Thursday)
12:45 PM – 2:30 PM
Room 723, 7/F Cheng Yu Tung Tower, HKU
Subtitle 1: The Development of a Criminal Code in the Period 1980-2022 – A Punitive Turn?
The Nordic Countries have been known for their humane, resocialization-focused approach to crime. However, in Denmark there has been a noticeable shift towards a tougher stance on crime. A research group at Aalborg University analyzed the Criminal Code, revealing a significant punitive turn in both criminalization and punishment. Lene Wacher Lentz will present these findings and discuss how such legal developments can be assessed appropriately. She will also elaborate on the group’s current work, including a joint Nordic comparative study.
Subtitle 2: Criminal Procedure in Light of Digital Evidence
Denmark has faced significant challenges with historical call data records in 2019, raising concerns about flawed evidence. Around 5,000 criminal cases were reassessed to determine if this had caused miscarriages of justice. This prompted the establishment of the Danish Independent Evidence Oversight Board in 2022, now overseeing digital evidence in criminal procedures. Current challenges involve evidence from encrypted platforms, such as Encrochat and Sky ECC, with chat extracts used as evidence in Danish cases. Lene will elaborate on ensuring fair trial and transparency when digital evidence is involved.
Bio:
Lene Wacher Lentz is an Associate Professor of Criminal Law and Procedure at Aalborg University. As a former prosecutor, she wrote her PhD dissertation on the legal framework for police conducting secret investigations online, combining her practical experience with a theoretical approach. In 2022, she participated in the establishment of the Danish Independent Evidence Oversight Board, which oversees digital evidence related to historical call data records. Lene has also been appointed to an expert group under the Ministry of Justice to develop a proposal for modernizing the legal framework for police investigations in light of digital possibilities.
Lene’s diverse research interests include new perspectives on criminalization, such as those related to surrogacy, which raise important questions about the criminal code’s role in social issues. She is centrally involved in the research project Punitive Turn – Danish Style, which analyzes amendments to the Danish Criminal Code from 1980 to 2022, focusing on trends in criminalization and punishment. This project has now expanded into a Nordic comparative study.
Prior registration is required for this in-person event: https://bit.ly/4eWsdl7