Key Benefits:
Chapter 1 Postponement of imprisonment penalty
Chapter 2 Entiring effect
Chapter 3 Treatment of application for a pardon?
Chapter 4 Loading in special cases
Chapter 5 Exemption for the penalty for transformations
Chapter 6 Military criminal proceedings
Chapter 7 Entry into force
Appeal to the postponement of imprisonment and the administrative treatment of cases of parcels (eviction and bonekeeping notice)
In accordance with section 11, section 90, paragraph 3, and section 111 (1). 4, in the Act of the Enforcement of Retribution, etc., cf. Law Order no. 1337 of 3. In December 2007 :
Chapter 1
Postponement of imprisonment penalty
Treatment of an application for deferral
§ 1. The deferral decision shall be taken by the Commissioner, cf. however, paragraph 1 2.
Paragraph 2. If the person who is sentenced to be pardoned at the same time shall be subject to a preliminary postponement with a view to any subsequent reprieve or postponement so far, the Ministry of Justice shall be taken to the Ministry of Correction.
Paragraph 3. All questions concerning the withdrawal of a permit for postponement shall be dealt with by the police Director. However, the revocation of a preliminary postponement for any subsequent pardon shall be presented to the Ministry of Justice, the Executive Board of the Criminal Investigation, to a decision.
Stk.4. The application for a postponement of the execution of the penalty of the penalties for fine must be treated in accordance with the rules laid down in Chapter 3 of the Executive Order with the payment of the penalty.
§ 2. Permission to be suspended shall be made conditional upon the fact that the sentenced person does not commit a criminal offence, and the suspension may also be conditional on the conditions laid down in accordance with the conditions laid down, including under the supervision of the criminal investigation, cf. the sentence of the sentence of Article 13 (3). 1.
Paragraph 2. The suspension must be limited to a specific period of time (period of period), cf. However, section 4. If a postponement of a postponement means that part of the prison sentence is enforced separately (split), the authorisation shall contain information on the duration of the first part of the prison sentence.
Paragraph 3. It shall be issued either at the time after the expiry of the period of termination, where the place of place in the Reconciliation institution allows for a deferment to be made, or to a specific date, but only if, however, special consideration is given to them.
Translation in exceptional cases
§ 3. The Ministry of Justice, the Directorate of the Criminal Investigation Office may, for any subsequent tenure, provisionally allow exposure, cf. Section 1 (1). 2. Before deciding the postponement issue, the opinions referred to in section 10 (4) shall be made. 2 and 5.
Paragraph 2. The decision to suspend the execution of the sentence shall be subject to the application of the sentence referred to in paragraph 1. 1, as soon as possible, shall be served as soon as possible on the judgment of one of the departmental departmental decision of the Criminal Order. At the same time, it was weighted in detail on the importance of the decision, including the understanding of the conditions laid down and of the effect of arbitrary infringements.
Paragraph 3. Approximately six weeks before the expiry of the period of termination, the department of the Ministry of Justice, the Directorate of the Department of Corrections, shall provide a final opinion on the postponement of the postponement.
§ 4. The Ministry of Justice, the Directorate of the Criminal InvestiOffice, may decide that the execution of a prison sentence so far is to be suspended if the convicted person is suffering from a serious condition, cf. Section 1 (1). 2. Before the decision of the issue of postponement, an opinion shall be obtained from the Commissioner, cf. ~ 10 (1)) 2.
Paragraph 2. Decision on when the prison sentence can be executed by the Ministry of Justice, the Directorate of the Criminal Investigation.
Paragraph 3. Before a decision is taken to ensure that the prison sentence may be enforced as referred to in paragraph 1. 2, obtained a medical opinion.
Paragraph 4. Paragrams 2 to 3 shall apply mutatis mutias to the sentenced persons who are subject to detention in accordance with Article 73 of the penal code, until the time of the sentence is possible to be enforced.
Chapter 2
Entiring effect
Supportive effect of application for deferral or reprieve
§ 5. The completion of a prison sentence shall be subject to the time of a sentence on free terms of time, cf. paragraph 2 and 3 shall submit an application for deferral or reprieve, cf. Section 12 (1) of the penalty of criminal law. ONE, ONE. Act. However, this does not apply if the Commissioner has informed the State of the State that the consideration of the preventive activities of the police is deemed to require the sentencing of the sentence without waiting for the examination of an application for postponement. or a pardon, cf. Section 12 (1) of the penalty of criminal law. ONE, TWO. Act. An application may be attached to the effect of Article 12 (1) of the Enforcement Act, Section 12 (1). 2. The application shall have no effect until a decision has been taken on deferral or reprieve.
Paragraph 2. An application has been submitted in a timely manner, if the chief inspector or the Ministry of Justice, the Department of Corrections, received it no later than 20 days prior to the date of the appearance of the sentence of the prison sentence, cf. however, paragraph 1 If the arrest of the Member State of residence in the case of the Member State of residence under intensive supervision and control after the Enforcement Act of Chapter 13 of the Enforcement Act, the application has been submitted in a timely manner, if the commissioner or the Ministry of Justice, the Directorate of Justice, shall be submitted in good time ; The Department of Corrective Services has received it within 20 days prior to the date of the implementation of the enforcement of the execution of the enforcement. Paragraph 3, no. 1 shall apply mutatis mutis.
Paragraph 3. The application must be received no later than 7 days before the date of attenage, if the person convicted
1) has been penalised by penal code § 119, section 123, section 192 (a) (i). 1, no. 1 if the infringement relates to firearms held, worn or used in a public place, section 216, section 244-246 or arms and explosives, section 10 (4). 2 if the infringement relates to the possession of a knife in the public place,
2) in the case of suspended sentence with respect to the conditions of Community service in accordance with section 64 of the penal code, the sentence is unconditional imprisonment,
3) have violated conditions for conditional judgment, including the conditions of Community service and a decision on unconditional prison sentences, or
4) prior to the implementation of the execution, an authorization shall be revoked under the intensive monitoring and control of the provisions of Chapter 13 a of the Enforcement Act.
Paragraph 4. Appeal to the police commissioner ' s decision to postpone shall be effective only while the complaint is admissible if the complaint is received no later than 10 days after the commissioner ' s decision has been issued and the application had disarth effect during the period of time, Chief Inspector's handling of this case. In the cases referred to in paragraph 1. However, the complaint shall be received no later than three working days after the commissioner ' s decision has been issued to the convicted felon. The application shall have no effect until a decision has been taken on deferral or reprieve.
Paragraph 5. A complaint against the withdrawal of a postponement shall not prejudice the effect of the offence, unless the Ministry of Justice, the Directorate of Justice of the Department of Corrects, determines it.
§ 6. If the Commissioner is to question any possible reprieve after paragraph 15, the sentencing shall be postponed.
§ 7. Where an exemption is granted for the execution of the conversion penalty for penalty due to the health conditions of the person concerned, cf. Section 16, the execution of the transformation shall be postponed.
Paragraph 2. However, if the application for exemption has been refused prior to the application of a waiver, however, if the new application contains essential new information, if so as far as possible has been demonstrated, or there is, by the way, special reason : to await the decision of the new application.
Entiring effect of application for authorization
§ 8. Permit applications for authorisation, cf. The legal spellletop section of section 903 (1). Paragraph 1, and section 932 (1). 1, the Commissioner shall decide whether to postpone the sentence. If the enforcement is not deferred, the police director shall guide the sentenced person on the subject of access to the question of the President of the State, cf. The Danish Court of Justice shall be referred to in Article 9 (1). 3, or the Supreme Court, cf. $932 of the courtlelight. 3.
Paragraph 2. If the application for resumption is submitted, the sentence must be suspended only if the special Kwarehouse determines it, cf. $986 courtlelight. Act.
Paragraph 3. When a person who is sentenced to imprisonment by Finnish, Icelandic, Norwegian or Swedish courts, after the law of cooperation with Finland, Iceland, Norway or Sweden on the enforcement of penalties, etc. has requested the legality of a decision on : Enforcement here in the country shall be subject to the right of execution only if the court decides.
Supportive action in specific cases
§ 9. The Ministry of Justice, the Executive Board of Correction, may in other cases, in other cases, where special circumstances are in charge of the postponement of the execution of the offence.
Chapter 3
Treatment of application for a pardon?
§ 10. The application for a pardon shall be lodged with the police Director, cf. However, section 11.
Paragraph 2. The chief of police gives a statement to the Ministry of Justice, the Directorate of the Department of Correction, to determine whether or not the convicted person should be pardoned.
Paragraph 3. The police shall carry out a deposition of the convicted person, except where the content of the application is not necessary.
Paragraph 4. The condemned person shall be asked to indicate whether the execution of the prison sentence is to be postponed if the application is rejected.
Paragraph 5. An opinion can be obtained from the court or the district attorney's office.
§ 11. If the sentenced prison sentence in prison or arresthus is made, the application for a pardon shall be lodged at the prison or the arreshapen. However, if the convicted person is stationed to or placed in one of the Pensions or an institution other than the criminal institution, the application shall be lodged with the institution from which the convicted person is stationed or was submitted to the person being sentenced to it ; mother institution. If the condemned person shall be punished during the intensive monitoring and control of the provisions of Chapter 13 of the Criminal Enforcement Act, the application shall be submitted to the department of the Department of Corrections, which shall supervise the supervision and control of the convicted person.
Paragraph 2. The head of the institution or the supervisory authority or the authority of the supervisory authority shall make a recommendation to the Ministry of Justice, the Directorate of the Criminal Investigation, whether or not to grant a pardon.
Paragraph 3. In the examination of the application for a pardon, the rules on the processing of cases of parotation shall apply mutatis muck.
§ 12. To the extent that the royal resolution is authorised to do so, a decision shall be taken on the pardon of the Ministry of Justice, the Executive Board of the Criminal Investigation.
Paragraph 2. The decision to refuse a pardon shall be taken by the Ministry of Justice, the Executive Board of the Criminal Investigation.
§ 13. The Ministry of Justice, the Directorate of Criminal Investigation, may decide that it is a prerequisite for the pardon of the person who sentenced the person to pay a fine.
§ 14. To be used, the test shall be made in general terms that the person convicted in a test of normal two years does not commit a criminal offence. In addition, the following may be conditional on the conditions laid down by the condemned in accordance with the conditions laid down, including the supervision of the criminal care.
Paragraph 2. Decision that the condemned pardon shall be served as soon as possible for the person concerned at the operation of the police or by the department of the Criminal Investigation Services. At the same time, it was weighted in detail on the importance of the decision, including the understanding of the conditions laid down and of the effect of arbitrary infringements.
Chapter 4
Loading in special cases
§ 15. The Director shall take up the question of possible reprieve for consideration if :
1) the convicts are on the loose,
2) it has been one year and six months from the time when the prison sentence was able to be enforced (enforcement order), and the condemned during that period has not been penalised for a non-trivial relationship, and
3) the convicts still haven't been summoned to the execution of the prison sentence.
Paragraph 2. The chief of police will make a statement to the Ministry of Justice, the Directorate of the Department of Correction, on whether or not the convicted person should be pardoned.
Paragraph 3. In the calculation of the time period referred to in paragraph 1, 1, no. 2, do not include the time at which :
1) the application for deferral or reprieve from the sentenced person has had or been insoarable,
2) there have been any impediment to convocation caused by the conditions of the judiciary ; or
3) the execution shall be allowed to be carried out.
Chapter 5
Exemption for the penalty for transformations
§ 16. An application for exemption from the payment of the transformation penalty due to the health conditions of the person concerned shall be treated in accordance with section 10 (1). 1-3, if the decision on transformationation is maintained. In other cases, the application shall be processed in accordance with the rules laid down in Chapter 3 of the Executive Order Chapter 3 on the abandonment of fines.
Paragraph 2. The Commissioner must make the person concerned with the exemption referred to in paragraph 1. ONE, ONE. and, where appropriate, no reduction in the obligation to pay the fine, the transformator of the conversion, should have taken place instead.
Chapter 6
Military criminal proceedings
§ 17. The announcement shall not apply to postponement of the execution of or pardon for penalty imposed in military criminal proceedings.
Chapter 7
Entry into force
§ 18. The announcement shall enter into force on 1. July, 2009.
Paragraph 2. Publication no. Twenty-nine of 22. In January 2009 on the postponement of imprisonment and the administrative treatment of proceedings on the pardon (eviction and pardon) shall be repealed at the same time.
