Royal immunity from the law is bestowed by Article 25 of the Kongelov (Royal Law), also known by its Latin name Lex Regia. The Lex Regia was promulgated in 1665 and served as the constitution of the kingdom of Denmark during the period when it functioned as an absolute monarchy. Today, absolute monarchy has been abolished, the Lex Regia has ceased to be the constitution of the Kingdom of Denmark, and most articles in the Lex Regia have been repealed. However, Article 25 has not been repealed and continues to be the law of the land.
Article 25 states, in full:
De skulle og for ingen Underdommere svare, men deres første og sidste Dommer skal være Kongen, eller hvem Han særdeles dertil forordner ...
Translation:
They shall answer to no inferior judge, but their first and last judge shall be the King, or whomever He shall install specially for this purpose ...
Lex Regia (Konge-Lov) (Kongeloven)
www.retsinformation.dk
The inclusion of the clause "or whomever He shall install specially for this purpose" grants the King the freedom to waive the person's immunity. Today, the standard practice is that the powers belonging to the King are in actuality exercised by the Government, but I wonder if the fact that the Lex Regia was written for an absolute monarchy means that "the King" should be interpreted here as "the King personally".
While Article 25 does not state who "they" are, the preceding article (Article 24), before it was repealed, referred to "Printzerne og Printzesserne aff Blodet" ("the Princes and Princesses of the blood").
danmarkshistorien.dk
The notes clarifies that "De" in §25 refers to the princes and princesses.
Interesting. I wonder why the editorial note omitted "of the blood". Is the note considered to be a binding interpretation?
If anyone else is searching for the note, it may be viewed in the Retsinformation.dk link by clicking on "Redaktionel note" above the text of the law. It reads as follows:
Redaktionel note
I epilogen til Grundloven af 1849 blev Kongeloven ophævet bortset fra art. 27-40 (om arvefølgen) og art. 21 og 25 (om de Kongelige prinser og prinsesser). Ved Tronfølgerloven af 31. juli 1853 blev art. 27-40 ophævet.
"De" i lovens art. 25 henviser til prinserne og prinsesserne.
Loven offentliggjordes i henhold til en befaling af Frederik den Fjerde, dateret den 4. september 1709.
Loven er optrykt i "Love og Forordninger samt Reskripter m.m." udgivet af Oskar Damkier og Fr. Kretz, J.H. Schultz 1884.
It would be interesting to see whether the current authorities interpret "They" to include persons who do not have Prince or Princess titles and/or are not of royal "blood". For example, if Queen Mary (not of royal descent, not in line to the throne, and not titled Princess, but bears a higher title and is a member of the Royal House) or Count Nikolai of Monpezat (not titled Prince, but of royal descent and in line to the throne) broke a law, would the authorities consider them to have immunity under Article 25 of the Lex Regia?
I couldn't find an article in the current Danish constitution that mimics Article 25 of the Lex Regia. Has it been incorporated into the Penal Code instead?
I don't know, but Article 25 remains valid law, regardless. As explained in the editorial note quoted above, the Lex Regia was repealed by the Constitution of 1849
except for Articles 21, 25 and 27-40, and subsequently Articles 27-40 were repealed by the Act of Succession of 1853. Articles 21 and 25 were never repealed and they remain in force.