Notice Of Postponement Of Execution Of Sentence Of Imprisonment And The Administrative Handling Of Cases Relating To Pardons (Exposure And Pardoned The Notice)

Original Language Title: Bekendtgørelse om udsættelse med fuldbyrdelse af fængselsstraf og den administrative behandling af sager om benådning (udsættelses- og benådningsbekendtgørelsen)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125575

Overview (table of contents) Chapter 1 Suspension of the execution of prison sentence

Chapter 2 suspensive effect

Chapter 3 Treatment of applications for pardons

Chapter 4 Pardons in special cases

Chapter 5 Exemption for alternative custodial penalty of fine

Chapter 6 Military criminal cases

Chapter 7 entry into force of The full text of the notice of suspension of execution of sentence of imprisonment and the administrative handling of cases relating to pardons (exposure and pardoned the notice)

Under section 11, article 90, paragraph 3, and § 111, paragraph 4, of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 1337 by 3. December 2007, fixed:

Chapter 1

Postponement of execution of sentence of imprisonment

The processing of an application for deferment

§ 1. A decision to postpone is taken by the Police Director, see. However, paragraph 2.

(2). Candidate at the same time on pardons, the convicted or there will be questions about preliminary suspension in view of the possible subsequent pardon or to postpone until further notice, the decision taken by the Ministry of Justice, Directorate-General for prison and probation service.

(3). All questions concerning the revocation of a permit for deferment are dealt with by Police Director. Revocation of a provisional suspension in view of the possible subsequent pardon must, however, be submitted to the Ministry of Justice, Directorate of Probation, for a decision.

(4). the application for suspension of the enforcement of alternative custodial penalty of fine shall be handled in accordance with the rules laid down in Chapter 3 of the Executive order on fine for deferment of payment of the fine.

§ 2. Permission for postponement be granted only on condition that the offender does not commit offence like exposure also can be granted only on condition that the convicted, moreover, complies with the conditions laid down, including subjecting themselves to the supervision of probation, see. punishment enforcement code § 13 (1).

(2). The postponement must be limited to a certain period of time (the period of deferment), see. However, § 4. If a consent to the postponement means that the part of the prison sentence be executed separately (breakdown), the authorization must contain an indication of the duration of the first part of the prison sentence.

(3). Exposure is given either to the time after the expiry of the period of deferment, where space conditions in the detention institution allows, to call for the execution takes place, or to a specific date, but only if exceptional reasons justify it.

Exposure in specific cases

§ 3. The Ministry of Justice, Directorate-General for prison and probation service, may, for the purpose of possible subsequent pardon provisionally allow exposure of the basic regulation. section 1, paragraph 2. Before the decision of the question of deferral must be obtained the opinions referred to in article 10, paragraphs 2 and 5.

(2). Decision on that penalty enforcement provisionally postponed as referred to in paragraph 1 shall be served as soon as possible for the condemned by one of prison departments ' measure. At the same time, coached the condemned extensively about the importance of the decision, including on the understanding of the stipulated terms and conditions on the impact of violations.

(3). Approximately 6 weeks before the Snooze period should the Department make a final opinion to the Ministry of Justice, Directorate of Probation, on the progress of the postponement.

§ 4. The Ministry of Justice, Directorate-General for prison and probation service may decide that the execution of the prison sentence so far should be exposed, if the offender is suffering from a serious ailment, see. section 1, paragraph 2. Before the decision of the question of deferral must be obtained an opinion from Police Director, see. section 10, paragraph 2.

(2). Decision about when the prison sentence be executed shall be taken by the Ministry of Justice, Directorate-General for prison and probation service.

(3). Before a decision is taken, the prison sentence may be enforced as mentioned in paragraph 2, obtained a medical opinion.

(4). Paragraph 2-3 shall apply mutatis mutandis for the convicted, as on the occasion of the judgment be subject to custodial measures in accordance with the Penal Code § 73 until the penalty had to be enforced.

Chapter 2

Suspensive effect

Suspensive effect of application for postponement or pardon

§ 5. The execution of a prison sentence must be exposed, when a convicted at liberty in due time, without prejudice. paragraphs 2 and 3, shall submit an application for postponement or pardons, see. Punishment Enforcement Act section 12, paragraph 1 1. Pkt. However, this does not apply if the Police Director has notified probation that considerations of preventive activities are estimated to require the police to the offender commences penalty execution without waiting for the examination of an application for postponement or pardons, see. Punishment Enforcement Act § 12 (1), (2). paragraph. An application may be conferred on suspensive effect after punishment Enforcement Act section 12, paragraph 2. The application has only a suspensive effect pending a decision on postponement or pardon.

(2). An application has been filed in a timely manner, if Police Director or the Ministry of Justice, Directorate-General for prison and probation service has received the last 20 days before the date of attendance for application of prison sentences, without prejudice. However, paragraph 3. There are granted permission for application of penalty at the place of residence under intensive surveillance and control after penalty enforcement law chapter 13 (a), the application filed on time, if Police Director or the Ministry of Justice, Directorate-General for prison and probation service has received the last 20 days before the date that the supervisory authority has laid down for the implementation of the execution. Paragraph 3, nr. 1, shall apply mutatis mutandis.

(3). Applications must be received no later than 7 days before the date of attendance, if the condemned





1) is punished in accordance with the Penal Code § 119, § 123, section 192 (a) (1). 1, if the infringement relates to firearms possession, worn or used on publicly accessible place, § 216, sections 244-246 or law on weapons and explosives, section 10, paragraph 2, if the infringement relates to the possession of the knife on the publicly accessible location,

2) in the case of conditional sentence with conditions of community service in accordance with section 64 of the criminal code is sentenced to unconditional imprisonment,

3) has violated the terms of the conditional sentence, including conditions of community service, and that the decision on unconditional imprisonment, or

4) prior to the execution implementation has been revoked a permit to serve the sentence at home under intensive surveillance and control after penalty enforcement law chapter 13 (a).





(4). Complaint against police Director's decision on postponement has only a suspensive effect, while the appeal is admissible, if the complaint is received no later than 10 days after the Police Director's decision is communicated to the sentenced person, and the application had suspensive effect during the Police Director's treatment of the case. In the cases referred to in paragraph 3, however, the complaint must be received no later than 3 business days after the Police Director's decision is communicated to the convicted. The application has only a suspensive effect pending a decision on postponement or pardon.

(5). A complain that Police Director has revoked a permit for respite, does not have suspensive effect on penalty execution, unless the Ministry of Justice, Directorate-General for prison and probation service, determines it.

§ 6. Police Director takes questions about possible pardons under section 15, penalty execution to be postponed.

§ 7. Submitted that application for exemption from the requirement to serve alternative custodial sentence for a fine due to his health conditions, see. § 16, the execution of the transformation the punishment exposed.

(2). The person concerned has previously been denied an application for exemption, the punishment enforcement, however, only be postponed if the new application contains significant new information, whose accuracy as far as possible are satisfied or there is special reason to await the decision of the new application.

Suspensive effect of the appeal application for permission

§ 8. Where the application for appeal permission, see. Code of civil procedure § 903 (1) and § 932 (1), shall take Police Director determination about whether the punishment enforcement should be exposed. If the execution is not exposed, Police Director guiding the sentenced person the right to refer the matter to the National President of the Tribunal, without prejudice. Civil Code § 911 (3), or the Supreme Court, see. Code of civil procedure § 932 (3).

(2). The subject of an application for resumption, penalty enforcement be suspended only if the special right of Appeal determines the regulation. Civil Code section 986, 1. PT.

(3). When a person who is sentenced to a custodial sentence by Finnish, Icelandic, Norwegian or Swedish court, in accordance with the law on cooperation with Finland, Iceland, Norway or Sweden concerning enforcement of sentences, etc., have applied for the issue of the legality of a decision on enforcement in this country brought to court, the execution be suspended only if the Court determines it.

Suspensory effect in specific cases

§ 9. The Ministry of Justice, Directorate-General for prison and probation service, in other cases where special circumstances speak for it, provide that the penalty enforcement temporarily must be postponed.

Chapter 3

Processing of application for pardon

§ 10. Application for pardon submitted to Police Director, see. However, section 11.

(2). Police Director shall give its opinion to the Ministry of Justice, Directorate of Probation, whether the offender should be benådes.


(3). Police are conducting a hearing of the offender, unless the contents of the application is not necessary.

(4). The sentenced person shall be invited to indicate whether execution of the prison sentence sought was exposed, if the application is rejected.

(5). An opinion may be obtained from the Court or the public prosecutor.

§ 11. Udstår the sentenced imprisonment in jail or courthouse, the subject of an application for pardon to the prison or house arrest. If the sentenced person is posted to or contained in a prison of pensions or an institution, etc. outside the probation, however, where the application is filed to the institution from which the sentenced person is posted, or to the offender's parent institution. If the convicted udstår penalty at the place of residence under intensive surveillance and control after penalty enforcement law chapter 13 (a), where the application is filed at the Department of probation, supervision and control of the condemned.

(2). The institution or the operator or the supervisory authority entitled thereto, shall give its recommendation to the Ministry of Justice, Directorate of Probation, whether clemency should be granted.

(3). In considering the application for pardon will find the rules on the treatment of cases about parole apply mutatis mutandis.

§ 12. To the extent that by Royal resolution is mandated to it, a decision on the pardon by the Ministry of Justice, Directorate-General for prison and probation service.

(2). Decision on refusal of clemency taken by the Ministry of Justice, Directorate-General for prison and probation service.

§ 13. The Ministry of Justice, Directorate-General for prison and probation service may decide that it is a prerequisite to pardon the convicted prior to paying a fine.

§ 14. Pardon subject in General by the fact that the convicted in a trial period of usually 2 years is not commit offence. Pardons may also be granted only on condition that the convicted, moreover, complies with the conditions laid down, including subjecting themselves to the supervision of probation.

(2). Ruling that the sentenced benådes, must be served as soon as possible for the person concerned by the police or one of the prison departments ' measure. At the same time, coached the condemned extensively about the importance of the decision, including on the understanding of the stipulated terms and conditions on the impact of violations.

Chapter 4

Pardon in special cases

§ 15. Police Director must raise the issue of possible pardons reviewed, if





1) the sentenced person is on the loose,

2) has passed 1 year and 6 months from the date on which the prison sentence could be enforced (writ of execution), ogden convicted in that period has not been punished for a non bagatelagtigt ratio, and

3) the sentenced person still has not been summoned to the application of penal punishment.





(2). Police Director shall deliver its opinion to the Ministry of Justice, Directorate of Probation, whether the offender should be benådes.

(3). For the purposes of calculating the period referred to in paragraph 1, no. 2, no account shall be taken of the time when





1) application for stay or clemency from the convicted have had or been accorded suspensive effect,

2) that have been obstacles for convening, as due to the offender's circumstances, or

3) enforcement has been allowed exposed.





Chapter 5

Exemption for alternative custodial penalty of fine

§ 16. An application for an exemption from the requirement to serve alternative custodial sentence for a fine due to his or her health, shall be dealt with under section 10, paragraphs 1 to 3, if the decision on the alternative custodial penalty is maintained. In other cases the application shall be dealt with according to the rules laid down in Chapter 3 of executive order remission of the fine fine.

(2). Police Director must make the person aware that the exemption referred to in paragraph 1 1. item, where applicable, does not entail lapse of the obligation to pay the fine, on-going punishment should have entered instead.

Chapter 6

Military criminal cases

§ 17. The Ordinance does not apply to exposure with enforcement of or pardon for the penalty imposed in military criminal proceedings.

Chapter 7

Date of entry into force of

§ 18. The notice shall enter into force on the 1. July 2009.

(2). Executive Order No. 29 of 22. January 2009 relating to the suspension of the execution of prison sentence and the administrative handling of cases relating to pardons (exposure and pardoned the Ordinance) shall be repealed at the same time.
The Ministry of Justice, the 25. June 2009 Brian M/William Rentzmann