Denmark's Supreme Court has dramatically reduced the sentence for a Swedish woman who illegally entered Denmark during a flight transit. The court replaced her nine-month prison term with a 60-day conditional sentence that requires no actual jail time. This decision overturns a previous ruling from the Eastern High Court that had imposed strict punishment.
The case involves a Swedish healthcare worker who faced serious consequences for a brief airport transit. She traveled from Skopje to Sweden via Vienna and Copenhagen in September 2020. During a passport check at Copenhagen Airport, authorities discovered she had a lifetime ban from entering Denmark.
This ban resulted from a 2001 drug conviction that led to her deportation from Denmark. After serving her sentence in Sweden, she rebuilt her life as a home care worker and later trained as a medical secretary. She maintained this profession since 2010.
Danish immigration law mandates minimum one-year prison sentences for violating entry bans. All three court levels agreed the woman acted without criminal intent. Her violation was deemed careless rather than deliberate.
The legal battle highlighted unusual aspects of Danish sentencing guidelines. A Supreme Court statement noted that one-year minimum sentences for unintentional violations represent a rare circumstance in Danish law.
The case reveals tensions between strict immigration enforcement and proportional sentencing. Lower courts disagreed substantially about appropriate punishment. City Court judges originally advocated for the 60-day conditional sentence that ultimately prevailed.
Eastern High Court judges had insisted on nine months' unconditional imprisonment. They referenced the same legal provisions but interpreted them differently. Five Supreme Court justices unanimously sided with the more lenient approach.
This ruling demonstrates how courts balance legal requirements with individual circumstances. The woman's rehabilitation and lack of criminal intent clearly influenced the final decision. Her case shows how transit passengers can unexpectedly encounter immigration barriers.
International travelers should verify entry requirements even during airport transits. This is particularly important for individuals with past legal issues in transit countries. The Danish legal system ultimately prioritized proportionality over strict minimum sentencing.
The decision maintains legal authority while acknowledging the woman's life transformation. It sets precedent for handling similar cases involving unintentional immigration violations during international travel.