Ordinance On The Introduction Of Imprisonment, Detention And Alternative Custodial Punishment For Fine In Prison Or Lockup (Notice Of Application)

Original Language Title: Bekendtgørelse om iværksættelse af fængselsstraf, forvaring og forvandlingsstraf for bøde i fængsel eller arresthus (iværksættelsesbekendtgørelsen)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122693

Overview (table of contents) Chapter 1 Police under the direction of probation

Chapter 2 decision on detention institution

Chapter 3 Call

Chapter 4 Implementation of penalty execution

Chapter 5 Implementation of penalty execution

Chapter 6 decision on detention institution

Chapter 7 decision on detention institution and implementation of penalty execution

Chapter 8 the setting of the date for the meeting or reception

Chapter 9 entry into force The full text of the Ordinance on the implementation of imprisonment, detention and alternative custodial punishment for fine in prison or lockup (notice of application)

Pursuant to § 9 (1), (2). paragraph, section 30, section 80, paragraph 2, and section 105, paragraph 2, of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 1337 by 3. December 2007, fixed:

Title I

Under the direction of probation

Chapter 1

The police under the direction of probation

§ 1. Police Director shall inform the probation that a person must





1) serving prison sentence or custody, as soon as that is where enforcement order, see. Code of civil procedure § 997, paragraph 1, or

2) serve on-going punishment for fine, when a decision on that on-going punishment must take the place of fine.





(2). Notification in accordance with paragraph 1, nr. 1, must happen, regardless of whether there is a new criminal proceedings against the offender.

(3). Paragraph 1 shall not apply, if after the law on cooperation with Finland, Iceland, Norway or Sweden concerning enforcement of punishment made application for a prison sentence that is imposed at the Danish court, shall be enforced in Finland, Iceland, Norway or Sweden.

§ 2. Notification is done for either





1) Ministry of Justice, Directorate of Probation, see. paragraphs 2-3, section 4, or section 21, or

2) part, prison or lockup, see. sections 5-8 or sections 22-25.





(2). Is the person under 18 years of age at the time of the notification, the notification must always be made to the Ministry of Justice, Directorate of Probation, see. § 4 (1), (2). paragraph, or section 21 (1), (2). PT.

(3). Is the person sentenced to imprisonment for up to 3 months, under the direction of persons at large always happen to the Ministry of Justice, Directorate of Probation, see. § 4 (1), (3). Pkt. However, this does not apply if the punishment includes violation of Penal Code section 119, § 123, section 192 (a), paragraph 1, § 216, sections 244-246 or violations of the law on weapons and explosives, section 10, paragraphs 2-3, and for possession of firearms or knife on publicly accessible place.

§ 3. For convicted, as on the occasion of criminal proceedings has been remanded in custody for so long that there is a possibility for parole already by the end of the detention, that only a decision on detention institution if parole cannot happen.

(2). Questions about parole as referred to in paragraph 1 shall be treated in accordance with the rules of his release order.

(3). If there is to be the shortening of the Penal times, paragraphs 1-2 apply mutatis mutandis for the convicted, as on the occasion of





1) criminal proceedings have been placed in detention after the code of civil procedure § 765, surrogate or

2) judgment has been subject to custodial measures under penal code section 73, paragraph 1, until the penalty had to be enforced.





Section II

Convicted on the loose

Chapter 2

Decision on the detention institution

§ 4. Without prejudice to sections 5-8, take the Ministry of Justice, Directorate of Probation, decision on where imprisonment or detention is to be enforced. Is the person at the time of the notification under the age of 18, a decision on the detention institution, however, always by the Ministry of Justice, Directorate-General for prison and probation service. Similarly, in cases where pursuant to section 2, paragraph 3, has given notification to the Ministry of Justice, Directorate-General for prison and probation service.

(2). The Ministry of Justice, Directorate-General for prison and probation service may decide that a prison sentence must be enforced in lockups after the Copenhagen Prisons closer to the decision.

(3). Is the institution a detention lockup (Copenhagen Prisons), it can place the convicted in another County Gaol (the Copenhagen Prisons) in agreement with the institution concerned in accordance with the penalty enforcement § 23.

Violent cases, etc., rape cases and weapons cases

§ 5. The condemned man is punished with imprisonment for less than 5 years after Penal Code § 119, § 123, section 192 (a) (1), sections 244-246 or law on weapons and explosives, section 10, paragraphs 2-3, and for possession of firearms or knife on publicly accessible place, he or she shall open prison, see. stowage and transfer paragraph 2, paragraph 3, decide whether the prison sentence may be enforced there.

(2). Find prison, that it would be dangerous to place the convicted there, see. Punishment Enforcement Act §§ 21-22, the matter shall be referred to the Ministry of Justice, Directorate of Probation, for a decision.

(3). Can not receive the condemned prison within 30 days from executing the order, see. § 27, paragraph 2, it shall, as far as possible provide space in another open prison or, if a prison sentence not exceeding 6 months, lockups (Copenhagen Prisons) with the agreement of the concerned institution. This is not possible, the matter shall be referred to the Ministry of Justice, Directorate of Probation, for a decision.

(4). Paragraphs 1 to 3 shall not apply if the sentenced person is also punished according to the Criminal Code section 210 or §§ 219-236.

(5). The condemned man is punished in accordance with section 216 of the criminal code with imprisonment under 5 years, take Herstedvester, meaning of. stowage and transfer paragraph 3, paragraph 1, of the decision on whether or not the prison sentence at the outset can be enforced in's visitation and observation unit. The Department may not be able to receive the offender within 30 days from executing the order, see. § 27, paragraph 2, as far as possible, the institution must provide temporary space in an open prison, or whose prison sentence not exceeding 6 months, lockups (Copenhagen Prisons), in agreement with the institution concerned. This is not possible, or find the plant that enforcement in open prison is questionable, see. Punishment Enforcement Act section 22, the matter shall be referred to the Ministry of Justice, Directorate-General for prison and probation service.

Less than 30 days to release

§ 6. There are less than 30 days to the date of the release, including parole, he or she shall open prison, see. stowage and transfer paragraph 2, paragraph 3, decide whether the prison sentence may be enforced there.

(2). Putting in another open prison or a County Gaol (the Copenhagen Prisons) can be done with the agreement of the concerned institution in accordance with the penalty enforcement § 23.

(3). Paragraphs 1 to 2 shall not apply if the sentenced person is punished in accordance with the Penal Code § 119, § 123, section 192 (a), paragraph 1, § 216, sections 244-246 or law on weapons and explosives, section 10, paragraphs 2-3, and for possession of firearms or knife on publicly accessible place.

Prison sentences handed down in other criminal proceedings

§ 7. Is that on the occasion of another criminal case decided that a prison sentence must be enforced in prison, he or she shall take a decision as to whether a prison now sentenced to imprisonment may also be enforced there.

(2). section 5, paragraph 2, shall apply mutatis mutandis.

(3). Paragraphs 1 to 2 shall not apply if the sentenced person is now punished after





1) Penal Code § 119, § 123, section 192 (a), paragraph 1, section 216 or sections 244-246,

2) Penal Code § 210 or sections 217-236 with imprisonment for 30 days or more, or

3) law on weapons and explosives, section 10, paragraphs 2-3, and for possession of firearms or knife on publicly accessible place.





Alternative custodial penalty of fine

§ 8. That person must endure on-going punishment for fine, he or she shall open prison, see. stowage and transfer paragraph 2, paragraph 3, decide whether the alternative custodial penalties for fines to be enforced there, see. However, paragraph 2.

(2). Is that on the occasion of another case decided on where a sentenced to imprisonment or a fine penalty for transformation set to be enforced, the decision taken by the competent institution.

(3). section 5, paragraph 2, and article 6, paragraph 2, shall apply mutatis mutandis.

Chapter 3

Call

Call for enforcement of imprisonment or detention

§ 9. The sentenced person shall be convened meeting to application of imprisonment or detention, see. However, section 11, paragraph 2.

(2). If the convicted appearing too late or while intoxicated, can detention institution refuse to receive the condemned. Putting in another institution can be done with the agreement of the concerned institution, in the case of a uniform detention institution. In other cases, presented the question of amendment of the detention institution of the Ministry of Justice, Directorate of Probation, see. § 4, for a decision.
(3). Should the offender first meeting forward with police or in lockups (Copenhagen Prisons), the Police Director's house arrest (the Copenhagen Prisons) or in the cases referred to in paragraph 2, 1. point, rejecting the condemned. (2) 2. paragraph shall apply mutatis mutandis.

§ 10. A call not lapse as a result of the submission of application for stay of penalty execution, to be pardoned, or on the application of the penalty at the place of residence under intensive surveillance and control after penalty enforcement law chapter 13 a. Request lapse, however, if the application has a suspensive effect, without prejudice to article conferred upon or. Punishment Enforcement Act section 12, paragraphs 1 and 2, and exposure and pardoned the notice Chapter 2 or Chapter 3 of the Ordinance for enforcement of the penalty at the place of residence under intensive monitoring and control, and the condemned are not before the date of attendance has been informed of the decision in the case.

§ 11. Call for application of prison sentences must be made in writing.

(2). Is the convicted without residence or abode, the execution can be initiated without request.

(3). Meetings the convicted not convened, the execution shall be implemented without new call. Similarly for a convicted who fails to appear for summons for the launching of the penalty application on the place of residence under intensive monitoring and control.

(4). The sentenced person shall be rejected pursuant to section 9, paragraph 2-3, the new request happen orally in connection with rejection.

§ 12. The sentenced person shall be convened with a period of at least 1 month before the date of attendance, see. However, paragraphs 2 to 5.

(2). Request can be made with a time limit of not less than 10 days before the date of attendance, if the condemned





1) is punished in accordance with the Penal Code § 119, § 123, section 192 (a), paragraph 1, section 216 or sections 244-246,

2) are punished in accordance with the law on weapons and explosives, section 10, paragraphs 2-3, and for possession of firearms or knife on publicly accessible location, or

3) 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). Request can also be made with a time limit on down to at least 10 days before the date of attendance in cases where, on the occasion of the fact that the offender has violated the terms of the conditional sentence, including conditions of community service, a decision on unconditional prison sentence. Similarly, if the condemned before the implementation of the execution have been revoked a permit to serve sentence at home under intensive surveillance and control after penalty enforcement law chapter 13 (a).

(4). Is a previous request lapsed as referred to in section 10, the new request happen with a period of at least 10 days before the date of attendance.

(5). The sentenced person shall be rejected pursuant to section 9, paragraph 2-3, the new request happen to day's notice.

§ 13. In the call to the convicted be acquainted with where this should meet and at what time.

(2). All the prison terms, as the convicted shall serve, shall be stated in the call.

§ 14. The sentenced person must in the call also coached about the rules on application for stay of execution or pardon, including the suspensive effect of such an application, as well as on the rules in § 10.

(2). In addition, the request include a statement that





1) the sentenced person may be refused if this meetings rather than late or while intoxicated,

2) detention institution can be changed, if the convicted appearing while intoxicated or fails to appear, including meetings, rather than late,

3) detention institution can be changed from open to closed institution, if the sentenced person fails to appear, including meetings, rather than late,

4) possibility of output be deprived of for a period of 3 months from the deployment, if the convicted without legal justification fails to appear, including meetings, rather than late, see. the starting paragraph 22 (1)

5) it conferred on the importance of assessing the risk of abuse by any subsequent starting permission, if the condemned is not presented in accordance with the summons,

6) the sentenced person must bring photo identification,

7) the sentenced person will be arrested by the police, if they do not show progress in accordance with the summons,

8) it will speak against parole after Penal Code § 40 (a), if the condemned is not presented in accordance with the summons,

9) expenses for travel with public transport within the country's borders will be refunded against evidence, whereas the condemned man himself must provide transportation of packed objects, and

10) to rejsebon may be sent by letter to the detention institution.





(3). The condemned man himself must appear in the detention institution without first meeting with police or in lockups (Copenhagen Prisons), the latter also have information on the detention institution's address and the route to be used. Costs of travel by public transport within the country shall be reimbursed against the documentation of detention institution. Rejsebon can be supplied, if the sentenced person in attendance so request. The convicted must even provide transportation of packed objects.

§ 15. Should the offender first meeting forward with police or in lockups (Copenhagen Prisons) for then even to travel to detention institution, must have information on the detention institution's address and the route to be used. The sentenced person shall, Furthermore, be given ticket, ticket requisition or an amount for the purchase of the ticket for travel. The convicted must even provide transportation of packed objects.

(2). Find Police Director or arrest huset (Copenhagen Prisons) it indefensible that the condemned man raises himself, that person must instead be transported to detention institution.

(3). Note should be made about the time of the offender's attendance at the police or in lockups (Copenhagen Prisons).

§ 16. Request is made by the detention institution.

(2). Request can be made by Police Director or other institutions, if this is agreed with the Police Director or institution.

Request for execution of the transformation of fine penalty

§ 17. The rules in this chapter shall apply mutatis mutandis for the convening of the people who must endure on-going punishment for fine.

(2). Request can be made with a time limit of not less than 10 days before the date of attendance.

Chapter 4

Implementation of penalty execution

§ 18. Enforcement of imprisonment or detention shall be implemented when the sentenced person is received in the detention institution or meetings in the County Gaol (the Copenhagen Prisons), see. Punishment Enforcement Act § 8, paragraph 2.

(2). Note should be made about the time of the receipt of the offender in the institution.

(3). Paragraphs 1 to 2 shall apply mutatis mutandis to persons who must endure alternative custodial penalty of fine. Alternative custodial penalty for fines to be enforced in connection with imprisonment, however, must first be implemented at the latest possible moment before the date of his release, including parole, or for alternative custodial sentences lapse, without prejudice. Penal Code section 97 (a), paragraph 2.

Title III

Convicted, who is in custody in connection with the judgment or already udstår prison sentence

Chapter 5

Implementation of penalty execution

§ 19. The enforcement of imprisonment or detention shall be implemented when the institution, where the condemned are housed, give notice to the convicted thereof, see. Punishment Enforcement Act § 8, paragraph 3.

(2). The notification shall be given as soon as possible after the probation has received the notification referred to in § § 1-2. The sentenced person shall simultaneously coached on rules of application for a postponement of sentence execution or to be pardoned as well as on the rules about penalty interruption. To be done note on when the message is given.

(3). Paragraph 1-2 and article 20 shall apply mutatis mutandis to persons who must endure alternative custodial penalty of fine. Alternative custodial penalty for fines to be enforced in connection with imprisonment, however, must first be implemented at the latest possible moment before the date of his release, including parole, or for alternative custodial sentences lapse, without prejudice. Penal Code section 97 (a), paragraph 2.

§ 20. The sentenced person is transported to the detention institution, if the party concerned can be received there. It is justifiable, the condemned man can even travel to detention institution. section 15 (1) shall apply mutatis mutandis.

Chapter 6

Decision on the detention institution

Under the direction of the Ministry of Justice, Directorate of Probation

§ 21. Unless otherwise follows from § § 22-25, take the Ministry of Justice, Directorate of Probation, decision on where imprisonment or detention is to be enforced. Is the person at the time of the notification under the age of 18, a decision on the detention institution, however, always by the Ministry of Justice, Directorate-General for prison and probation service.

(2). The Ministry of Justice, Directorate-General for prison and probation service may decide that a prison sentence must be enforced in lockups after the Copenhagen Prisons closer to the decision.

(3). Is the institution a detention lockup (Copenhagen Prisons), it can place the convicted in another County Gaol (the Copenhagen Prisons) in agreement with the institution concerned in accordance with the penalty enforcement § 23.
Convicted, who is in custody in connection with the judgment

§ 22. There are less than 30 days to the date of the release, including parole, he or she shall open prison, see. stowage and transfer paragraph 2, paragraph 3, decide whether the prison sentence may be enforced there.

(2). Putting in another open prison or a County Gaol (the Copenhagen Prisons) can be done with the agreement of the concerned institution in accordance with the penalty enforcement § 23.

§ 23. Is that on the occasion of another criminal case decided that a prison sentence must be executed in closed prison, he or she shall take a decision as to whether a prison now sentenced to imprisonment may also be enforced there.

(2). Find prison, that it would be dangerous to place the convicted there, see. Punishment Enforcement Act §§ 21-22, the matter shall be referred to the Ministry of Justice, Directorate of Probation, for a decision.

(3). Paragraphs 1 to 2 shall not apply if the sentenced person is punished according to the Criminal Code section 210 or §§ 219-236 with imprisonment for 30 days or more.

Convicted already udstår prison sentence

§ 24. Udstår the condemned man already imprisoned in a jail on the occasion of another criminal case, he or she shall take a decision as to whether the prison now were sentenced to imprisonment may also be enforced there.

(2). Article 23, paragraph 2, shall apply mutatis mutandis.

(3). Paragraphs 1 to 2 shall not apply if the sentenced person is also punished according to the Criminal Code section 210 or §§ 219-236 prison in 30 days or more.

Alternative custodial penalty of fine

§ 25. Udstår the question already in prison, he or she shall take a decision as to whether the institution of alternative custodial penalties for fines to be enforced there.

(2). section 22 (2) shall apply mutatis mutandis with regard to the transformation the penalty for fines.

Title IV

Other convicted

Chapter 7

Decision on the detention institution and implementation of penalty execution

section 26. Chapter 2 and 4 shall apply mutatis mutandis for the condemned man, who





1) on the occasion of the judgment is placed in detention after the Civil Procedure Act § 765, surrogate and

2) has been subject to custodial measures under penal code section 73, paragraph 1, until the penalty had to be enforced.





(2). Chapter 2-4 shall apply mutatis mutandis to persons in custody, on the occasion of another criminal case.

(3). § 21 shall apply mutatis mutandis for the convicted, there already have been placed in custody. Implementation of the enforcement of the now-criminal prison sentence cannot happen as long as the offender is placed in custody.

(4). The persons referred to in paragraph 1 shall be transported to the detention institution, if the party concerned can be received there. It is defensible, he can even travel to detention institution. section 15, paragraphs 1 to 2 shall apply mutatis mutandis.

Title V

Various provisions

Chapter 8

The setting of the date for the meeting or reception

§ 27. Convicted, who on the occasion of the judgment is in custody or placed in detention after the code of civil procedure § 765 surrogate, as well as sentenced, staying in the County Gaol (the Copenhagen Prisons) in order to be moved to serve sentences in prison in accordance with the decision on the detention institution, must be received in the detention institution prior to the sentenced person on the loose, see. However, paragraphs 2 to 4.

(2). For convicted at liberty, which is punished in accordance with the Penal Code § 119, § 123, section 192 (a), paragraph 1, § 216, sections 244-246 or law on weapons and explosives, section 10, paragraphs 2-3, and for possession of firearms or knives on publicly accessible places, date of attendance shall be so fixed that the execution may be initiated not later than 30 days after date of writ of execution.

(3). For convicted at liberty, as 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, date of attendance shall be fixed in such a way that, as far as possible be initiated enforcement 1 month after the date of the writ of execution.

(4). Convicted, as on the occasion of the judgment have been subject to custodial measures under penal code section 73, paragraph 1, until the penalty had to be enforced, should be received in the detention institution in connection with the measures come to an end.

section 28. The date when a convicted can be received in the detention institution shall normally be established in such a way that those convicted received in sequence in relation to, when either





1) under the direction of the Police Director or decision on the institution of detention from the Ministry of Justice, Directorate of Probation, have come forward to the institution, if the offender is at liberty, or

2 the judgment is rendered, if the) convicted on the occasion of the judgment is in custody or placed in detention after the code of civil procedure § 765 surrogate.





(2). In determining the date when a convicted must be received in the detention institution, can also be attributed to the importance of the condemned





1) must serve a prison sentence of longer duration, or

2) is penalized for dangerous crime.





(3). Candidate a convicted at large on special rapid commencement of sentence execution, the application shall, as far as possible, be accommodated, without prejudice. Punishment Enforcement Act § 9, paragraph 2.

(4). Talking special circumstances for it, can a convicted, incidentally, received prior to the other persons convicted.

section 29. Is the condemned man on the loose, the date when this can be received, in addition, shall be as follows, without prejudice to the time limit for the request. § 12, can be observed.

section 30. Have a convicted during the stay in one of the prison institutions in order to be moved to serve sentences in closed prison in accordance with the decision on the detention institution, implemented at least one unaccompanied output without abuse as part of a regular starting sequences, the institution where the offender is staying, take the question of whether a prison sentence instead, udstås in open prison, up without prejudice to article. However, section 31.

(2). Decision of the issues referred to in paragraph 1 shall be taken by the Ministry of Justice, Directorate-General for prison and probation service, upon the recommendation of the institution where the offender is staying.

section 31. Persons staying in one of the prison institutions, while waiting to be moved to the detention institution in accordance with the decision on the matter, must not be moved if there is less than 30 days to the date of the release, including parole, although the date of its receipt in the detention institution has been established. The person concerned may, however, be moved, if the consideration for the utilization of the seats in the institution in which the person concerned is staying, makes it necessary.

Chapter 9

Date of entry into force of

section 32. The notice shall enter into force on the 1. February 2009.

(2). Executive Order No. 681 of 27. June 2008, on the implementation of imprisonment, detention and alternative custodial punishment for fine in prison or lockup (date of notice) be repealed.
The Ministry of Justice, the 22. January 2009 Brian M/William Rentzmann