Key Benefits:
Chapter 1 The police's notification of the criminal investigation.
Chapter 2 Decision on the probing institution
Chapter 3 Invocation
Chapter 4 Commencement of the Enforcement
Chapter 5 Enforcement of Enforcement
Chapter 6 Decision on the probing institution
Chapter 7 Decision on the probing institution and initiation of the execution of the sentence
Chapter 8 Establishment of the date or arrival of the date of arrival
Chapter 9 Entry into force
Compensation for the implementation of prison sentences, detention and the penalty for fine in prison or arresthus (initiation proclaition)
In accordance with section 9 (4), ONE, TWO. pkt., section 30, section 80, paragraph Article 105 (2) and section 105 (5). 2, in the Act of the Enforcement of Retribution, etc., cf. Law Order no. 1337 of 3. In December 2007 :
Section I
Signature of the Criminal Investigenge
Chapter 1
The police's notification of the criminal investigation.
§ 1. The Police Director shall notify the investigation of the fact that a person is to
1) shall be penal imprisonment or detention as soon as a complete execution order is given, cf. $997, paragraph 9. 1, or
2) Do the transformationpenalty for the penalty when deciding that the transformation penalty should replace the penalty.
Paragraph 2. Notify by paragraph 1, no. One must take place whether there is a new criminal proceedings against the condemned.
Paragraph 3. Paragraph 1 shall not apply where, in the case of cooperation with Finland, Iceland, Norway or Sweden concerning the enforcement of penalties, the prison sentence which is sentenced in the Danish court shall be enforced in Finland, Iceland, Norway or Sweden.
§ 2. Sub-Direction happens to either
1) The Ministry of Justice, the Directorate of the Criminal InvestiDepartment, cf. paragraph 2-3, § 4 or § 21, or
2) the person in prison or in the case of arresthus, § § 5-8 or § § 22-25.
Paragraph 2. If the person concerned under the age of 18 is at the time of the notification, the notification shall always be carried out to the Ministry of Justice, the Directorate of the Criminal InvestiDepartment, cf. Section 4 (4). ONE, TWO. a point or a section 21 (1). ONE, TWO. Act.
Paragraph 3. If the person concerned has been sentenced to prison for up to three months, the notification for persons at large shall always be carried out to the Ministry of Justice, the Directorate of the Criminal InvestiDepartment, cf. Section 4 (4). ONE, THREE. Act. However, this does not apply where the penalty includes infringement of the penal code § 119, § 123, § 192 a, stk.1, § 216, § § 244-246 or violation of the law on arms and explosives. 2-3, and there is the possession of firearms or shipov in the public place.
§ 3. In the case of convicts which have been held in custody for so long as the possibility of parole is already under the arrest of the detention period, the decision on the probing institution is to be taken only if the release of the parole is not available ; -Yes.
Paragraph 2. The question of parole as referred to in paragraph 1. 1 shall be treated in accordance with the terms of the release notice.
Paragraph 3. In the case of truncation in criminal proceedings, paragraph shall be found. 1-2 similar uses for the condemned, which shall be used for the purposes of :
1) the criminal proceedings have been placed in protective custody after a legal spell-top section 765, or
2) the sentence has been subordined to detention as referred to in paragraph 73 (3) of the penal code. 1 until the punishment may be enforced.
TITLE II
Convite on the loose.
Chapter 2
Decision on the probing institution
§ 4. Unless the Ministry of Justice, the Department of Justice of the Department of Corrections, shall take a decision on where the prison sentence or detention is to be enforced shall be ruled by the Ministry of Justice, the Directorate of the Criminal Investigation. If the person concerned at the time of the notification is under the age of 18, the Office shall, however, always be taken by the Ministry of Justice, the Executive Board of the Criminal Investigation. The same applies in cases where paragraph 2 (2) is referred to in Article 2 (2). 3 has been provided with information to the Ministry of Justice, the Directorate of the Criminal Investigenation.
Paragraph 2. The Ministry of Justice, the Directorate of Criminal Investigate, may decide that a prison sentence must be enforced in the Arrespost post of Copenhagen's decision.
Paragraph 3. If the Office of the Office is a house of arresis (Copenhagen's jails), it may place the condemned person in another species of arresthus (the Office of City of Copenhagen) in accordance with the provisions of section 23 of the Penance Act.
Violent cases, etc., rape cases and arms cases
§ 5. In less than five years after the penal code, § 119, § 123, § 192 a, stk.1, § § § 244-246, or arms and explosives, section 10 (4). 2-3, and the possession of firearms or shipov in a public place is subject to open prison, cf. the section 2 (2) of the application of the application and transfer. 3. Decision on whether or not the prison sentence can be enforced there.
Paragraph 2. Finding the prison that it would be dubious to place the condemned there, cf. The Criminal Enforcement Act, section 21-22, shall be submitted to the Ministry of Justice, the Executive Board of the Department of Correctional Services, to the decision.
Paragraph 3. Cannot receive the prisoner within 30 days of the execution order, cf. 30 days from the execution. § 27, paragraph. Secondly, if the prison sentence is not more than 6 months old, the prison sentence of the office of the office of the Penal House of the Penance of Arrets (MLs) in an open prison or, if the prison sentence is not more than 6 months old, the prison sentence. If this is not possible, the Ministry of Justice, the Department of Corrective Services, shall be submitted to the Ministry of Correction.
Paragraph 4. Paragraph 1-3 shall not apply if the sentenced person is penalised for penal code § 210 or § § § § 216-236.
Paragraph 5. If convicted felons have been convicted on the penal code section 216 with prison under five years, the arrest shall take place at the Herstedvester, cf. the section 3 (3) of the application and transfer notice. 1, determine whether the sentence of the prison can be completed at the beginning of the request for the search and observation section. Can the department not receive the condemned person within 30 days of the enforcement order, cf. § 27, paragraph. 2, as far as possible, the institution shall obtain temporary space in an open prison or if the prison sentence is not more than 6 months, the Penresale of Arresis (Copenhagen Prison), by agreement with the institution concerned. If this is not possible, or finds the asylum, that execution in the open prison is questionable, cf. Article 22 of the Criminal Enforcement Act shall be submitted to the Ministry of Justice, the Executive Board of the Department of Correction.
Less than 30 days to be released
§ 6. If there are less than 30 days before the date of release, including the release, the person concerned shall open prison, cf. the section 2 (2) of the application of the application and transfer. 3. Decision on whether or not the prison sentence can be enforced there.
Paragraph 2. Appearance in another open penitentiary or a Penal Office (Copenhagen Penitentis) may be subject to agreement with the institution in accordance with section 23 of the Penitentiary Act.
Paragraph 3. Paragraph 1-2 shall not apply where the convicted felon is punished for penal code § 119, § 123, § 192 (a) (1). Paragraph 1, § 216, § § 244-246 or Arms and explosives. 2-3, and there is the possession of firearms or shipov in the public place.
Jail sentence on the second criminal trial
§ 7. In the case of another criminal proceedings, a decision has been taken that a sentence of imprisonment should be enforced in prison, that a prison sentence is to be taken to the extent that a sentence of imprisonment may also be enforced there.
Paragraph 2. Section 5 (5). 2 shall apply mutatis mutis.
Paragraph 3. Paragraph 1-2 shall not apply if the convicted has now been punished ;
1) penal code § 119, § 123, § 192 a (3). 1, section 216 or § § 244-246,
2) penal code § 210 or § § § 217-236 with a prison for 30 days or more, or
3) the law on weapons and explosives, section 10 (4). 2-3, and there is the possession of firearms or shipov in the public place.
Pension penalty for fine
§ 8. If the person concerned is to be fined, the person concerned shall open prison, cf. the section 2 (2) of the application of the application and transfer. 3, a decision to determine whether the transformationpenalty for the penalty may be enforced there, cf. however, paragraph 1 2.
Paragraph 2. In the case of another case, where a sentence of imprisonment or the sentence of a sentence has been imposed for the fine, the decision shall be taken by the person concerned.
Paragraph 3. Section 5 (5). Article 6 (2) and Section 6 (1). 2 shall apply mutatis mutis.
Chapter 3
Invocation
Invocation to the execution of prison sentence or detention
§ 9. The condemned shall meet the envoment of imprisonment or detention, in accordance with the call for detention, cf. however, section 11 (1). 2.
Paragraph 2. If the convicted encounters are too late or in the affected state, the atonation institution may refuse to receive the condemned person. The establishment in another institution may, by agreement with the person concerned, be able to do so in the case of a uniform institution of probes. In other cases, the matter of modification of the Office of the Ministry of Justice, the Directorate for the Criminal Investigation, shall be presented in other cases. § 4, to Decision.
Paragraph 3. In the case referred to in paragraph 1, the condemned person shall not appear before the police or the office of the Arreso Office (MLs) in the case referred to in paragraph 1, the President of the Commission or the Penal Office of the Arreso Office (MLs). TWO, ONE. Pkton, reject the condemned. Paragraph 2, 2. pkt; shall apply mutatis muctis.
§ 10. A call for postponement shall not lapse as a result of an application for postponement, on reprieve, or on the suspension of penalties in the place of residence under intensive surveillance and control after the Enforcement Act Chapter 13 a. However, the call shall be discharged if the application has or is conferred to the termination effect, cf. Section 12 (1) of the penalty of criminal law. 1 and 2, and the provisions of Chapter 2 of the publication and bonedown of the notice of the enforcement of the sentence of the place of residence under intensive surveillance and control and not before the date of the appearance of the date, it has been notified that there is, decided on the case.
§ 11. Consummation of prison sentence shall be made in writing.
Paragraph 2. If the person who is convicted without residence or permanent residence may be carried out without a call.
Paragraph 3. If the person does not meet the invocation, the execution may be carried out without any new call for invocation. The same applies to a convicted felon, which will not be the case in the case of a withdrawal from the imposition of the residence in the case of intensive surveillance and control.
Paragraph 4. The condemned person shall be issued in accordance with section 9 (4). 2 3, may new summons be made orally in connection with the rejection.
§ 12. The condemned shall be convenestated with a period of at least one month before the date of attenup, cf. however, paragraph 1 2-5.
Paragraph 2. Invocation may be achieved by a period of at least 10 days before the date of attmination, if the convicted person
1) has been penalised by penal code § 119, section 123, section 192 (a) (i). 1, section 216 or § § 244-246,
2) has been penalised in accordance with the law on weapons and explosives. 2-3, and there is the possession of firearms or shipov in the public place, or
3) in the case of suspended sentence under the section 64 of the Penal Code of the Penal Code, an unqualified prison sentence is unconditional.
Paragraph 3. Invocation may also take place within a period of less than 10 days prior to the date of attuning in cases where, in the event of the violation of conditions for conditional sentence, including conditions relating to Community service, decisions have been taken on unconditional judgment ; Prison time. Similarly, if the convicted prior to initiation of the enforcement has been granted a licence to be revoked under the intensive monitoring and control of the provisions of Chapter 13 a of the Enforcement Act, in the case of the sentenced person.
Paragraph 4. If a previous call has been dropped as referred to in paragraph 10, a new notice may be made for a period of at least 10 days before the date of attmination.
Paragraph 5. The condemned person shall be issued in accordance with section 9 (4). 2-3, can new summons happen on a day's notice.
§ 13. The invocation shall be made aware of where this meeting and at which time it is to be met.
Paragraph 2. All the prison sentences on which the condemned shall be marked must be entered in the invocation.
§ 14. The sentence shall also be weighted on the rules concerning the application for postponement of the execution or reprieve, including the prenatal effect of such an application, as well as on the rules laid down in section 10.
Paragraph 2. In addition, the call must contain information that :
1) the condemned person may be refused if this meetings are rather late or in the affected state,
2) the separation institution may be amended if the convicted felons are affected or absent, including meetings rather than late ;
3) the institution may be amended from open to a closed institution if the condemned is not to be held, including meetings rather late,
4) the possibility of escape shall be dedushed for a period of three months from the postponement if the sentenced without legitimate reason does not include, including meetings, rather late, cf. section 22 (2) of the office of departure of the notice. 1,
5) it is attached to the assessment of the risk of misuse of any subsequent exit permits if the person convicted has not been met in accordance with the call,
6) the convicted person shall bring picture identification,
7) the sentenced person shall be arrested by the police if the person concerned does not meet in accordance with the call,
8) it will speak against the parole in accordance with Article 40 of the Penal Code (a) if the person convicted has not been met in accordance with the call,
9) expenditure on travel by public means of transport within the country's borders will be refunded against documentation, whereas the condemned person shall arrange for the transportation of goods carried out, and
10) a travel receipt may be sent by way of a request to the institution of the department.
Paragraph 3. If the condemned person shall appear before the Office without first meeting with the police or in the house of Copenhagen (Copenhagen Prison), it shall also have information on the institution of the Office and the travel route to be used. The costs of travel by means of public transport within the country shall be refunded on the documentation of the institution of departure. Rejsbon may be delivered if the person convicted before the meeting is requested. The condemned man must provide for the transportation of items that are brought.
§ 15. If the condemned person shall appear before the police or in the Arresis Office (MLs) in order to travel to the Office itself, then the person concerned shall be informed of the location of the institution of the office and the journey route to be used. The convicted person must also have provided a ticket, ticket purchase or an amount for the purchase of the ticket for the voyage. The condemned man must provide for the transportation of items that are brought.
Paragraph 2. If the commissioner or the Office of Copenhagen (Copenhagen Prison) finds it indefensible, that the condemned person should be transported, the person in question must be transported to the office of probing.
Paragraph 3. Notation must be made on the time of the person ' s attendants ' attendants or in the house of arresthus (Copenhagen prisons).
§ 16. Invocation shall be made by the institution of the atonement.
Paragraph 2. Invocation may be made by the commissioner or other institutions if this is agreed with the police director or the institution.
Invocation to enforcement of the transformation penalty
§ 17. The rules laid down in this chapter shall apply mutatis muchases to persons who are to be fined for the payment of a fine.
Paragraph 2. Invocation may be achieved by a period of at least 10 days before the date of attmination.
Chapter 4
Commencement of the Enforcement
§ 18. Enburriment of prison sentence or protective custody shall be implemented when the person convicted is received in the Office of the Office or meetings rather than in the office of the Arressor (Copenhagen), cf. Article 8 (8) of the penalty of criminal law. 2.
Paragraph 2. A note shall be made on the date of receipt of the convicted person in the institution.
Paragraph 3. Paragraph 1-2 shall apply mutatis muctis to persons who are to be fined for the penalty of the transformation; However, the penal penalty for penalties to be enforced for prison time shall not, however, be carried out at the latest before the date of release, including the release of the person concerned, or the demise of the transformation penalty, cf. Penal Code Section 97 (a), 2.
TITLE III
Judaism which is in custody in the case of judgment or already in prison sentence
Chapter 5
Enforcement of Enforcement
§ 19. The completion of the prison sentence or protective custody shall be implemented when the institution in which the sentenced person is placed gives a notification to the condemned therein, cf. Article 8 (8) of the penalty of criminal law. 3.
Paragraph 2. The notification shall be given as soon as possible after the notification has been received by the Department of Corrective Services as referred to in section 1 to 2. The condemned shall at the same time be weighted on the rules concerning the application for postponement with the execution of the sentence, or on reprieve, and on the rules on the suspension. Notation must be made about when the message is given.
Paragraph 3. Paragk 1-2 and 20 shall apply mutatis muctis to persons who are to be fined for the penalty. However, the penal penalty for penalties to be enforced for prison time shall not, however, be carried out at the latest before the date of release, including the release of the person concerned, or the demise of the transformation penalty, cf. Penal Code Section 97 (a), 2.
20. The condemned shall be transported to the office of departure when the person concerned can be received there. If it's a safe way, the convict can travel to the Reconciliation Department itself. Section 15 (3). 1 shall apply mutatis mutis.
Chapter 6
Decision on the probing institution
Signature of the Ministry of Justice, the Department of Corrective Services,
§ 21. Without prejudice to section 22-25, the Ministry of Justice, the Directorate of Corrections, shall take a decision on where the prison sentence or detention is to be enforced. If the person concerned at the time of the notification is under the age of 18, the Office shall, however, always be taken by the Ministry of Justice, the Executive Board of the Criminal Investigation.
Paragraph 2. The Ministry of Justice, the Directorate of Criminal Investigate, may decide that a prison sentence must be enforced in the Arrespost post of Copenhagen's decision.
Paragraph 3. If the Office of the Office is a house of arresis (Copenhagen's jails), it may place the condemned person in another species of arresthus (the Office of City of Copenhagen) in accordance with the provisions of section 23 of the Penance Act.
Convite that has been taken into custody in the occasion of the judgment
§ 22. If there are less than 30 days before the date of release, including the release, the person concerned shall open prison, cf. the section 2 (2) of the application of the application and transfer. 3. Decision on whether or not the prison sentence can be enforced there.
Paragraph 2. Appearance in another open penitentiary or a Penal Office (Copenhagen Penitentis) may be subject to agreement with the institution in accordance with section 23 of the Penitentiary Act.
-23. In the case of another criminal proceedings, a decision has been taken that a sentence of imprisonment should be enforced in a maximum sentence, taking a prison decision as to whether a sentence is now being sentenced to be executed there in a sentence.
Paragraph 2. Finding the prison that it would be dubious to place the condemned there, cf. The Criminal Enforcement Act, section 21-22, shall be submitted to the Ministry of Justice, the Executive Board of the Department of Correctional Services, to the decision.
Paragraph 3. Paragraph 1-2 shall not apply if the convicted felon has penal code § 210 or § § § § 216-236 with a prison for 30 days or more.
Conviction which is already in prison sentence
§ 24. If the sentenced person is already sentenced to prison in prison in the case of another criminal proceedings, then the prison decision on whether the sentence is now sentenced to be enforced there can be sentenced.
Paragraph 2. Section 23, paragraph 1. 2 shall apply mutatis mutis.
Paragraph 3. Paragraph 1-2 shall not apply where the sentenced person is penalised for penal code § 210 or § § § 216-236 prison for 30 days or more.
Pension penalty for fine
§ 25. If the person concerned is already in prison, then he shall decide whether or not the penalty for fines can be enforced there.
Paragraph 2. Section 22 (2). 2, applicable to the transformationpenalty for the penalty shall apply mutatis muchases.
TITLE IV
Other convicted
Chapter 7
Decision on the probing institution and initiation of the execution of the sentence
SECTION 26. Chapters 2 and 4 shall apply by analogous to the condemned, which :
1) in the case of the sentence, in the case of a legal spellog above, section 765, and
2) have been subject to detention as referred to in paragraph 73 (3) of the penal code. 1 until the punishment may be enforced.
Paragraph 2. Chapter 2 to 4 shall apply mutatis mutias to persons who have been taken into custody in the case of another criminal proceedings.
Paragraph 3. Section 21 shall apply mutatis muted to the condemned already stowed into custody. Initiation of the execution of the sentenced prison sentence cannot be carried out as long as the sentenced person is placed in detention.
Paragraph 4. The people in paragraph 3. 1 of these persons shall be transported to the office of departure when the person concerned can be received there. If it is safe, the person concerned can travel to the office of probing. Section 15 (3). 1 2, shall apply mutatis mutis.
Section V
Various provisions
Chapter 8
Establishment of the date or arrival of the date of arrival
§ 27. Convicts which have been remanded in custody or placed in protective custody after the legal spouse of $765 and sentenced to be in the house of detention (Copenhagen's jails) in order to be transferred to prison in accordance with the law of the Pension of the Penitentiary (CPS) in accordance with the law of the Pension of the City of Copenhagen. in the decision on the serving institution, shall be received in the Office prior to the sentenced in the free order, cf. however, paragraph 1 2-4.
Paragraph 2. For convicted felons, who are penalised for penal code § 119, § 123, § 192 a, paragraph. Paragraph 1, § 216, § § 244-246 or Arms and explosives. 2 3, and the possession of firearms or knives in publicly available places, the date of attunction shall be determined in such a way as to ensure that the execution can be launched within 30 days of the date of enforcement.
Paragraph 3. In the case of a convicted felon free, as in the case of a suspended sentence with regard to community service after the Penal Code of the Penal Code of the Penal Code of the Penal Code, the date of attunction shall be determined in such a way as to ensure that the execution can be carried out as far as possible 1 month after the date of enforcement order.
Paragraph 4. Judaism, which has been subject to detention as a result of the sentence, the sentence of Article 73 (3) of the penal code shall be subject to detention. 1 until the time of the sentence is to be enforced, received in the atonation institution in the context of cessation of measures.
§ 28. The date on which a convict can be received in the atonation institution shall normally be fixed so that the condemned are received in order in relation to when either :
1) notification by the police director or decision of the Department of Justice of the Ministry of Justice, the Executive Board of the Criminal Investigation Office, has arrived at the institution if the sentenced person is free or
2) the sentence has been ruled if the sentence of the judgment is held in custody or in the case of a protective custody of the section 765 of the law of the law.
Paragraph 2. Moreover, when determining the date of receipt of a sentence in the institution of probing, it may also be attached to the judgment of the sentenced person,
1) must be a prison sentence of longer duration, or
2) is punished for dangerous crime.
Paragraph 3. If a convicted felon is subject to the early release of the sentencing, the application shall, as far as possible, be met in accordance with the case of the application. Section 9 (4) of the sentence of the sentence. 2.
Paragraph 4. In exceptional circumstances, a convicted felon may be accepted prior to other convicted felons.
§ 29. If the convicted person is free, the date on which it can be received shall also be determined in such a way as to ensure that the time limit for the call in question, cf. § 12, can be honored.
-$30. Having a convicted felon in one of the institutions of the Criminal Investigation to be transferred to a closed prison sentence, in accordance with the decision on the serving institution, at least one unaccompanied exit without any misuse within the framework of any such sentence, periodically, the institution in which the condemned person is staying, take the question of whether the prison sentence should be held in open prison, in accordance with the conditions laid down in the open prison. however, section 31.
Paragraph 2. Decision of the provisions of paragraph 1. 1 mentioned questions shall be taken by the Ministry of Justice, the Executive Board of the Department of Correction, on the recommendation of the institution in which the sentenced person is staying.
§ 31. People residing in one of the institutions of the criminal institution, while the person in question is waiting to be moved to the office of departure in accordance with the decision thereon, not be moved if there are less than 30 days on the date of the date ; release, including the release, even if the date of receipt by the person concerned in the department of departure shall be fixed. However, the person concerned may be moved if the consideration of the exploitation of the seats of the institution in which the person concerned is residing makes it necessary.
Chapter 9
Entry into force
§ 32. The announcement shall enter into force on 1. In February 2009.
Paragraph 2. Publication no. 681 of 27. June 2008, on the implementation of prison sentences, detention and the penalty for fine in prison or arresthus (inaugural notice) are hereby repealed.
