The Professional Secret, Confidentiality and Legal Profession ...

states the question of whether evidence must be given is
answered by reference to a test which is essentially objective:
in the UK and Ireland, the question is "Is the communication
privileged?"; in the Six, the question is "Does the
professional secret apply?". In Denmark, further subjective
tests are applied: "(i) Is the evidence decisive for the
outcome of the case? (ii) I~ it important to the party
concerned or to society? (iii) Does the maintenance of
secrecy have essential importance?" The introduction of these
subjective tests marks a major difference between Denmark and
the other eight states.
44. Article 72 of the Danish Constitution provides that: "House
searching, seizure, and examination of letters and other papers
as well as any breach of the secrecy to be observed in postal,
telegraph, and telephone matters shall take place only under a
judicial order unless particular exception is warranted by
Statute". The courts may permit the interception of letters
and wire-tappingl but letters exchanged between an accused
person and his defence advocate are, within limits, excepted
from seizure.2 Here again, the ultimate decision rests with
the courts.
D. PROBLEMS /
1., Code of Procedure, Arts.750 (letters) and
750a and 750b (wire-tapping).
2. Code of Procedure, Art.750(1).
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