Notice Of Stay In Custody (Pre-Trial Notice)

Original Language Title: Bekendtgørelse om ophold i varetægt (varetægtsbekendtgørelsen)

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Overview (table of contents) Chapter 1 of the Executive order on the scope, etc.

Chapter 2 replacement for medical emergencies Chapter 3 General provisions concerning the affixing and transfer Chapter 4 Putting in or transfer to other detention than in areas where criminal proceedings Chapter 5 Placing outside the detention Chapter 6 Placement in, or transfer to Vestre Hospital Chapter 7 temporary transfer to the Herstedvester and Planning Guide Chapter 8 Chapter 9 Chapter 10 Chapter 11 jointly Instructions Say Chapter 12 Participation in worship, etc.

Chapter 13 Own objects and money Chapter 14 publication of the leaf Chapter 15 work and training, etc.

Chapter 16 Chapter 17 Chapter 18 assistance Forsorgsmæssig Leisure Health assistance Chapter 19 Chapter 20 Chapter 21 Visit Output Processing, etc.

Chapter 22 Chapter 23 telephone calls letters Chapter 24 Newspapers, books, etc.

Chapter 25 Chapter 26 special offers to the Media Contact for pre-trial custody, which is isolated in the Court's determination Chapter 27 study of pre-trial arrestantens person and living room Chapter 28 Chapter 29 use of force Exclusion from Community Chapter 30 Security products Chapter 31 Chapter 32 disciplinary Interrogation cell Chapter 33 Chapter 34 Offsetting of Confiscation compensation payments Chapter 35 Compensation in occasion of intervention during the stay in detention, etc.

Chapter 36 Complaint rules, etc.

Chapter 37 entry into force The full text of the notice of stay of custody (pre-trial notice)

Under section 772, paragraph 2 2. section, and section 776 of the law on the Court of Justice, without prejudice. lovbekendtgørelse nr. 1237 of 26. October 2010, fixed: title I introductory provisions Chapter 1 scope of the Executive order, etc.

§ 1. This Ordinance shall apply to pre-trial custody, placed in pre-trial detention (lockups).

(2). The notice also applies to pre-trial custody, as according to the rules laid down in Chapter 7 be temporarily transferred to the Herstedvester.

(3). The notice shall with the necessary exceptions also apply to other persons who are placed in pre-trial detention, unless the placement has been made to the application of the penalty, to the execution of the penalty or alimony or custody as a witness or similar after administration of Justice Act.

§ 2. The Ministry of Justice, Directorate-General for prison and probation service, responsible for the central management of the implementation of the term in jail. This applies, however, only within the limits deriving from 1) of the Court the chance to decide on isolation, see. section 4 of this order, and 2) the police the ability to set restrictions in pre-trial arrestantens rights, see. section 5 of this Ordinance.

§ 3. In accordance with the code of civil procedure § 770, paragraph 1, is a pre-trial prisoner only subject to the restrictions which are necessary for safeguarding pre-trial detention ends or the maintenance of order and safety in custody.

§ 4. The Court may, in accordance with the provisions of the code of civil procedure § § 770 (a)-(e) provide that a remand prisoner for the sake of pre-trial detention ends must be kept isolated.

§ 5. The police may, in accordance with the provisions of the code of civil procedure § § 771-773 for the sake of pre-trial detention ends 1) oppose the pre-trial arrestanten receive visits or require that the visit takes place under control, 2) review and with the Court's approval, withhold letters to and from detention arrestanten, and 3) make other restrictions in a pre-trial rights, arrestants.

§ 6. In accordance with the code of civil procedure § 774 must neither staff or others is used to explore the detention arrestanten.

Chapter 2 replacement for medical emergencies section 7. Remanded in custody in the prison institutions, compensation for accidents, etc. According to the rules laid down in the Ordinance on compensation and compensation to inmates in prison institutions and to convicted and parole while performing community service for the consequences of an accident, etc.

Section II Choice of pre-trial detention, etc.

Chapter 3 General provisions concerning the affixing and transfer section 8. In accordance with the code of civil procedure § 770 (2) 1. item, placed in pre-trial custody in pre-trial detention (lockups), as far as possible, at the place where the criminal case is being processed.

(2). Fitting in or transfer to another detention, detention institution, medical institutions etc. outside the probation can be done according to the rules laid down in chapters 4-7 of this Ordinance.

§ 9. The police shall, as far as possible before transfer initiated, be informed of any transfer of pre-trial arrestanten. In the case of placement outside the courthouse after the code of civil procedure § 770, paragraph 2 2. point, the police shall be informed as soon as possible and at the latest at the same time as the transfer takes place.

(2). Arrestantens defends detention shall, as far as possible before transfer initiated, be informed of any transfer of pre-trial arrestanten.

Chapter 4 Putting in or transfer to other detention than in areas where criminal proceedings are dealt with section 10. Fitting in or transfer to other detention than in areas where criminal proceedings are dealt with, can happen if it wanted by the police for the sake of the investigation, or it is required by 1) spatial reasons, 2) safety considerations or 3) other exceptional circumstances.

(2). Decision on transfer in accordance with paragraph 1 shall be taken by the institution's head or the entitled thereto, in agreement with the institution, to which pre-trial arrestanten is intended to be transferred. There is disagreement between the two institutions about whether the transfer should happen, the matter shall be referred to the Ministry of Justice, Directorate of Probation, for a decision.

§ 11. A remand prisoner placed in pre-trial detention, and that after any conviction likely transferred to the enforcement of a custodial sentence in another Nordic country according to the rules of the Ministry of Justice circular No. 220 of 16. December 1963 on cooperation with Finland, Iceland, Norway and Sweden concerning enforcement of sentences, etc. can be transferred to the Copenhagen Prisons when the investigation in the criminal case, in essence, has been completed.

(2). Transfer in accordance with paragraph 1 presupposes the consent of pre-trial arrestanten.

(3). Decision on transfer in accordance with paragraph 1 shall be taken by the institution's head or the entitled thereto, with the agreement of Copenhagen Prisons.

Chapter 5 non-detention section 12. In accordance with the code of civil procedure § 770, paragraph 2 2. point, the placing of pre-trial custody outside detention take place for health reasons or pursuant to civil code section 777.

(2). In accordance with the code of civil procedure § 777 can be a remand prisoner is placed in an institution for persons udstår imprisonment or custody or in the hospital, etc., see. Penal Code §§ 68 and 69 if the question itself, the public prosecutor's Office and the institution's management agrees. If health reasons or concern for others ' safety so requires, the Court may exceptionally approve such placement without arrestantens consent. In the institution is treated voluntarily transferred prisoner detention in accordance with the rules applicable to persons who are placed there pursuant to the judgment, while the compulsively transferred prisoner detention is governed by the rules on pre-trial custody, in so far as the order and security in the institution makes it possible. Arrestanten must not, however, without the Court's approval to leave the institution, apart from the cases provided for in the code of civil procedure § 771, paragraph 2.

(3). A remand prisoner, which is placed in the detention institution in accordance with the code of civil procedure § 777, 2. item does not have the social duty, but must be offered employment.

§ 13. Transfer in accordance with article 12, paragraph 2, shall, as far as possible, be made to the institution, where pre-trial arrestanten likely to be placed, if the person is convicted of the påsigtede crime.

§ 14. Raises questions about placing outside detention pursuant to article 12, paragraph 2, dealt with the question of transfer in accordance with the procedure laid down in the code of civil procedure section 777 of the institution's head or the entitled thereto, if transfer occurs to 1) hospital, etc., or 2) Herstedvester.

§ 15. In cases not covered by section 14, or if the institution leaders disagree on the placement, it shall submit to the institution's head or the entitled thereto, the question of the transfer of the Ministry of Justice, Directorate-General for prison and probation service.

(2). By reference to section 16 of the Directorate shall apply mutatis mutandis.

§ 16. By transfer to detention institution in accordance with article 12, paragraph 2, it shall be ensured that the institution is requested to receive pre-trial arrestanten, has information about the content of the following material in so far as it stands: 1) Person survey, see. Code of civil procedure § 808.

2) opinions on previous stay in the detention institution.

3) Opinions about the progress of the periods under supervision.

4) the opinion of the head of the detention.

5) the indictment or other explanation of the påsigtede crime in the criminal proceedings, which gave rise to pre-trial detention.


Chapter 6 Placement in, or transfer to Vestre Hospital section 17. Placement in, or transfer to Vestre Hospital can be done for health reasons, and if hospitalization on plain hospital is concerned from 1) security reasons, 2) considerations relating to the investigation or 3) pre-trial arrestantens conditions.

(2). Placement in, or transfer to Vestre Hospital can also happen if the pre-trial arrestanten cannot be received on ordinary hospital due to lack of space.

§ 18. Decision on putting in or transfer to Vestre Hospital under section 17 shall be taken by the institution's head or the entitled thereto, with the agreement of Copenhagen Prisons. There is disagreement between the arrest and the Copenhagen Prisons House about whether the transfer should happen, the matter shall be referred to the Ministry of Justice, Directorate of Probation, for a decision.

(2). The institution's head or the one who is empowered to do so, send a statement from the prison setting settled motivated the doctor (lockups doctor) to the Copenhagen Prisons. If circumstances warrant immediate shipment, the matter shall be referred by telephone for the leader of the Copenhagen Prisons, possibly after discussion between the prison doctor (doctor lockups) and Superintendent at Vestre Hospital.

(3). When the head of Copenhagen's Prisons or the entitled thereto, have taken a decision reversal from Vestre Hospital, it is incumbent on the institution from which the transfer to Vestre Hospital has been done, to ensure that the reversal happens as soon as possible.

Chapter 7 temporary transfer to the Herstedvester § 19. Temporary transfer to the Herstedvester can happen if pre-trial arrestanten 1) are in need of psychiatric assistance, 2) cannot be hospitalized in mental hospital or similar, 3) consent to the transfer and 4) in this context, agrees that putting together at work, education and leisure time requires that the person in question's agreement as regards the possession of cash money to be subject to the rules that applies to inmates in closed prisons.

(2). If pre-trial arrestanten is isolated pursuant to the code of civil procedure, the transfer in accordance with paragraph 1 may only happen with the consent of the police.

(3). The stay in Herstedvester cannot be used for observation for use in criminal proceedings.

§ 20. Decision on transfer to the Herstedvester Institution under section 19 shall be taken by the Manager or the entitled thereto, with the agreement of the Herstedvester. There is disagreement between arrest House and Herstedvester whether transfer should happen, the matter shall be referred to the Ministry of Justice, Directorate of Probation, for a decision.

(2). The institution's head or the one who is empowered to do so, send a statement from settled option motivated prison doctor (lockups doctor) to the Superintendent at the Herstedvester. If circumstances warrant immediate shipment, the matter shall be referred by telephone for the Superintendent.

(3). When the head of the Herstedvester or the entitled thereto, have taken a decision reversal from the plant, it is incumbent on the institution from which the transfer to the Herstedvester has happened, making sure that the reversal happens as soon as possible.

Title III Pre-trial prisoners rights and obligations during their stay in the institution Chapter 8 Guide and planning section 21. A remand prisoner shall as soon as possible after being placed in the institution guided by this on his rights, duties and other conditions during their stay in detention.

Chapter 9 Instructions section 22. A remand prisoner must comply with the instructions given by the institution's staff in the performance of its tasks, see. Punishment Enforcement Act section 32.

Chapter 10 section 23 together. A remand prisoner, which is not isolated pursuant to the code of civil procedure, shall as far as possible have access to communion with other inmates after the rules of the Executive order on prisoner's access to the community, etc. with other inmates in prison institutions (community notice).

Chapter 11 Participation § 24. Pre-trial custody, which has not been isolated pursuant to the code of civil procedure, should have the opportunity to exert influence on their way of life in the institution through the chosen spokespeople according to the rules laid down in the Ordinance on the implementation of the participation of inmates in the prison institutions (spokesman notice).

Chapter 12 Participation in worship, etc.

§ 25. A remand prisoner, which is not isolated pursuant to the code of civil procedure, has the right to participate in religious services held in the institution. If the code of conduct-or safety considerations so require, the institution's head or the one who is empowered to do so, however, refuse a pre-trial prisoner access to participate in religious services.

(2). A remand prisoner has the right to talk with a priest or the like from its religious communities, unless the police for the sake of pre-trial detention ends opposes it.

Chapter 13 Own objects and money § 26. A remand prisoner has the right to include, hold and dispose of own objects and money within the institution according to the rules laid down in the notice on the detainee's access to include, hold and dispose of own objects and money in prison institutions (item order).

Chapter 14 Release of leaf section 27. Remanded in custody has the right to publish magazines according to the rules of the Executive order on prisoner release by leaf in prison institutions.

Chapter 15 work and training, etc.

section 28. A remand prisoner has no employment obligations, but must be offered employment in accordance with the rules laid down in the Ordinance on employment, etc. by inmates in the prison institutions (Employment Ordinance).

Chapter 16 free time § 29. A remand prisoner shall, to the extent possible, even perform practical tasks relating to its conditions, including e.g. cleaning of their own living rooms and washing of your clothes.

(2). The institution must, as far as possible, offer pre-trial custody activities in their spare time.

(3). A remand prisoner has the right to daily to spend at least one hour in the open air, except where this would be incompatible with the institution's performance of safety considerations, or pre-trial arrestanten is placed in the code of civil procedure § security cell after 775, paragraph 2, of the basic regulation. penalty enforcement law § 66.

Chapter 17 Forsorgsmæssig assistance § 30. The institution must advise and assist a remand prisoner in order to limit the professional, social and personal disadvantages resulting from detention stay.

(2). The institution must, in the context of its activities in accordance with paragraph 1 convey contact to persons, institutions and authorities in accordance with other legislation can provide assistance.

Chapter 18 Health assistance section 31. A remand prisoner has the right to medical treatment, including the call by your own doctor, and other health assistance according to the rules laid down in the Decree on health assistance to inmates in prison institutions.

Chapter 19 Treatment section 32. A remand prisoner has the right to free of charge treatment for substance abuse, unless he or she is not deemed suitable and motivated for treatment.

(2). Treatment against drug abuse must as far as possible be undertaken no later than 14 days after the detention arrestanten have requested above for Probation.

Title IV Detention prisoners contact to the community outside the institution Chapter 20 Output section 33. In accordance with the code of civil procedure § 771 (2), the institution's leadership with police consent, give a pre-trial prisoner starting permission with companion for a shorter period of time, when special circumstances.

§ 34. Consent obtained from the Police Director, dealing with the criminal case.

(2). In emergencies, the police can consent by telephone.

section 35. Decision authorising the exit is taken by the institution's head or the one who is empowered to do so. In order to determine the risk of misuse should be taken into account.

(2). It is generally a prerequisite for output, to pre-trial arrestanten provides the necessary documentation for the circumstances that justify the end.

§ 36. In assessing the risk of misuse, it attributed special importance if pre-trial arrestanten 1) is charged or previously convicted of dangerous crimes, including arson, or other General dangerous crime, violent or sexual crime, coarser enrichment crime associated with violence or threat of violence or other offences of particularly serious or professional nature, 2) during your stay are avoided or have tried this, 3) during their stay has committed offence , 4) during their stay has abused a permit to exit, or 5) during a previous stay in prison institutions have carried out actions as mentioned in nr. 2-4, without the conditions for unaccompanied output was later found met.

section 37. The year must always be accompanied, without prejudice. section 33.

section 38. Output is given for a shorter period of time, without prejudice. section 33. Output can not be given for longer than the purpose so requires, and shall normally not exceed 1 day in addition to travel time.

(2). The end is exceptionally granted for more than 1 day, accommodation must be held in pre-trial detention. Agreement must be made in advance with the institution concerned.

§ 39. Expenses for travel, accommodation and pocket money held by pre-trial arrestanten.


(2). Eligible for grants to cover travel expenses in accordance with the rules laid down by the Ministry of Justice, Directorate-General for prison and probation service.

Chapter 21 Visits, etc.

The right to visit, etc.



§ 40. A remand prisoner has with the constraints resulting from § § 42-45, right to visit as often as conditions allow. A pre-trial prisoner has always the right to unsupervised visits by his Defender, see. Code of civil procedure § 771, paragraph 1, last paragraph.

(2). To be provided in pre-trial arrestanten opportunity as soon as possible after the inauguration to inform his next of kin in order to receive your visit according to the rules laid down in this chapter.

(3). The institution's leader lays down rules on settlement missions.

§ 41. Visitor time must not be less than one half hour. Prolonged visits to be allowed in so far as conditions allow.

(2). Pre-trial custody, which is isolated in the Court's determination, should be allowed for extended visits, see. § 81.

(3). Visit of a pre-trial arrestants defends and visits to a foreign detention prisoner of diplomatic and consular representatives of their home country does not limit in time the possibility of other visits.

Ban on visits



§ 42. In accordance with the code of civil procedure § 771 (1), the police for the sake of pre-trial detention ends oppose pre-trial arrestanten receives visit. Pre-trial arrestanten may require that the police refusal of visits shall be submitted to the Court for a decision, in accordance with article 3. section 96.

section 43. The institution's head or the one who is empowered to do so, may prohibit visits by specific people, and an informed visitor permit may be withdrawn if this in each case are required by code of conduct-or safety reasons.

(2). When an application for a visitor's permit is rejected, or a visitor permit is involved, it should be note about the reason.

Attended visits



§ 44. In accordance with the code of civil procedure § 771 (1), the police for the sake of pre-trial detention purposes require the visit must take place under control (attended visits). Pre-trial arrestanten may require that the police's demands for the control shall be submitted to the Court for a decision, in accordance with article 3. section 96.

§ 45. The institution attends in General did not visit. If in individual cases on the basis of order or safety reasons are required, the institution's head or the one who is empowered to do so, determine that the visits should be carried out in the presence of staff in the institution.

(2). During the visit, witnessed by staff of the institution, requiring that the conversation must be conducted in a language that the person attends the visit, understand. If conditions justify it, may be used an interpreter.

Interruption of visits



§ 46. Visits can be interrupted, if this in each case are required by code of conduct-or safety considerations.

Usage permission, etc.



§ 47. Visit requires that the visitor shall obtain prior permission from the institution to visit pre-trial arrestanten.

(2). The rule in paragraph 1 may be waived if the circumstances of the case justify it.

(3). Prior permission to visit a detention prisoner shall be notified, which to use for the job commonly obtained information concerning the applicant in the central criminal register.

Paragraph 4. Obtaining information from the central criminal register in accordance with paragraph 3 may be made only if the applicant has given written consent to do so. The institution shall advise the applicant of the fact that it is a prerequisite to announce visitors ' permission that the person gives its consent to the gathering of information from the central criminal register.

section 48. The institution's Director may, having regard to the characteristics of each institution, and to the extent that code of conduct-or safety grounds, impose restrictions on the number of people who can simultaneously 1) be approved visitors to a pre-trial prisoner, and 2) visit pre-trial arrestanten.

§ 49. Visitor rooms must as far as possible be designed in such a way that it creates a natural and friendly atmosphere for visitors.

Brought with them objects, etc.



§ 50. The institution's Director may, having regard to the characteristics of each institution, and to the extent that order and security grounds, impose restrictions on what items visitors may include or be in possession during the visit. The institution's leader can lay down rules about including that visitors should not bring items that are difficult to investigate, and other objects, as it is not the inmates allowed to have in the institution, without prejudice. the rules set out in the notice and regulations issued under this item.

(2). Cell phones and similar communication devices and accessories, etc. for that purpose are not permitted during the visit. However, this does not apply if the visitor is in pre-trial arrestantens Defender, and defender in connection with the visit Viewer communications equipment to staff and possibly. Let it register.

(3). The institution must inform visitors about what should not be included in the visit.

§ 51. It is a playing field for usage permission, that the visitors leave objects carried; investigate and bring photo identification.

(2). One condition that the visitors bring photo ID, may be waived if the particular circumstances of the case justify it.

Study of visitors



§ 52. It is a playing field for usage permission, to the visitors after the institution's request allows himself to investigate according to the rules laid down to that effect in the notice on access to visits etc. to inmates who udstår imprisonment or detention in prison institutions (visitor notice).

Visits by children



§ 53. Visits by children can normally only take place under the guidance of an adult.

(2). Visits by children can usually take place only with the consent of the custodial parent. In cases where the parents have joint custody, it must in each case consider whether that consent must be obtained from both parents.

Pre-trial prisoners access to have her baby with her in custody



§ 54. A remand prisoner has the right to have his or her child under the age of 1 year with them in custody if remanded in arrestanten even is able to fit the child.

(2). If it is the best for the child, and exceptional circumstances in the individual case justify it, can a pre-trial prisoner be allowed to keep the baby with him in the institution for a limited period of time, after the baby is full 1 year.

§ 55. Permission to have her baby with her in the institution assumes 1) to pre-trial arrestanten has given consent to be obtained an opinion from the social authorities on whether to stay in the institution are compatible with the interests of the child, 2) to the social authorities shall stay in the institution consistent with the interests of the child, and (3)) that is not otherwise available circumstances that gives the basis to assume that pre-trial arrestanten not even can fit the child in the institution.

(2). Permission to have her baby with her in the institution may, however, be given without obtaining the opinion of the social authorities, if 1) special circumstances in the individual case justify it, 2) in the absence of circumstances that give grounds to presume that pre-trial arrestanten not even can fit the child within the institution, and 3) pre-trial arrestanten previously has given consent to, the institution shall notify the social authorities the child is staying at the arrestanten detention in the institution.

Pre-trial custody with little contact with the outside world



section 56. It is the responsibility of the detention on an ongoing basis to be aware of whether the institution is in pre-trial custody, which has little connection with the outside world.

(2). In relation to pre-trial custody, which has little connection with the outside world, it is incumbent on the institution to contribute to pre-trial arrestantens contact to the outside world increases, so far as is possible and to the extent that, on the basis of security-and ordensmæssige regard is justifiable.

§ 57. Institutions, which is associated with a system of visitors ' friends (permanent visitors), in relation to pre-trial custody, which has little connection with the outside world, consider whether there can be communicated by suitable persons who visit the visitors ' friends. This applies, however, only to the extent that it is consistent with the limitations imposed by the police in accordance with the code of civil procedure § 771 establishes (1).

§ 58. Visits his friend must be approved by the institution. Approval can only happen when 1) visits his friend previously approved by the Ministry of Justice, Directorate of Probation, 2) visits his friend writing has agreed with only to inform the institution about incidents which may have significance for pre-trial arrestanten, if this is agreed therefore, 3) visits his friend have agreed in writing with not without institutional leader's consent to receive something of pre-trial arrestanten or engage with this in matters relating to the purchase , sale, rent or similar, and 4) visits his friend has delivered a statement about confidentiality, without prejudice. section 60, no. 2.


section 59. The institution must provide guidance to pre-trial arrestanten that the fixed visitors not covered by professional secrecy in criminal code section 152 and will only be imposed on professional confidentiality with regard to information which the institution shall supply to the visitors under section 60. Guidance to this effect must happen before the visits undertaken, and before that the consent obtained under section 60, no. 1, the transmission of information to the visitor his friend.

section 60. Visits his friend must have necessary information about pre-trial arrestantens conditions. Provision of information to the visitor his friend, however, can only happen if 1) detention arrestanten in writing, consent to the extradition, and 2) the institution in accordance with the management § 27 (3) instructs visitors ' friend of professional secrecy with regard to confidential information shall be released.

Chapter 22 letters the right to correspondence, etc.



section 61. A remand prisoner has the right to receive and send letters with the constraints resulting from § § 62-63.

§ 62. In accordance with the code of civil procedure § 772, paragraph 1, can the police review the letters before receipt or dispatch. Police must hand over or send letters as soon as possible, unless the content could be detrimental to the investigation or the maintenance of order and safety in custody. If the Police detain a letter, to the question whether the detention order should be maintained, immediately submitted to the Court for a decision, in accordance with article 3. section 97.

section 63. The institution opens and closes without court order letters to and from pre-trial custody in order to prevent the entry and smuggling. This may, however, be waived where, in the case in question is deemed justifiable on the basis of safety and order considerations. Opening and closing happens in pre-trial arrestantens publicly except in the cases covered by paragraph 2.

(2). Through the reading of letters to and from detention arrestanten can only happen, if this is deemed necessary by the institution of the order or security purposes.

(3). A letter after reading of the code of conduct-or safety reasons should not be sent or handed over, handed over to the police.

(4). When the institution over gives a letter to the police in accordance with paragraph 3, the provisions of the code of Civil Procedure Act § 772, paragraph 1 shall apply.

section 64. When the institution under section 63, paragraph 2, decisions on the reading of a letter, without the letter under section 63, paragraph 3, be handed over to the police, must be made aware of the decision on detention arrestanten Peru. Orientation of pre-trial arrestanten can, however, be omitted in up to 4 weeks to the extent that the purpose of reading would otherwise be wasted.

(2). To be done note on the reasons for decision and the result of reading. It must also be apparent from the note that, as the decision is directed against, is informed of the possibility of appeal to the Minister of Justice.

section 65. Pre-trial custody is holding even the cost of stationery, envelopes and postage, see. However, § 71. To pre-trial custody, neither gets paid amount, self-government, have income from own work or receive public allowance for subsistence, handed out stationery and envelopes of the institution.

(2). The institution may incidentally provide stationery and envelopes as well as organise postage cost, if particular circumstances justify it.

(3). Letterhead and envelopes, are handed out by the institution, shall not bear the stamp or mark, which shows that brevskriveren is staying in an institution under probation. By the institution's handling of letters to and from pre-trial custody must take the necessary discretion into account.

(4). Letters should be handled without undue delay. Pre-trial detention must be informed about the time of regular mail sending. When it is decided that Peru must take place, pre-trial arrestanten Please note that the very extensive exchange of letters may result in delay of the postal service.

Specific rules concerning an exchange of letters with the public authorities, etc.



§ 66. In accordance with the code of civil procedure § 772, paragraph 2, have a pre-trial prisoner right to uncontrolled exchange of letters with the Court, the Defender, the Minister of Justice, the Director of probation and stabiblity.

(2). In addition to the cases referred to in paragraph 1 has a pre-trial prisoner right to uncontrolled exchange of letters with courts, prosecution, procesbevillingsnævnet and police, the European Court of human rights, the European Committee for the prevention of torture, the United Nations Commission on human rights and the United Nations for the prevention of torture.

(3). In addition to those referred to in paragraphs 1 and 2 authorities, etc. have a pre-trial prisoner right to uncontrolled exchange of correspondence with other public authorities and members of the Folketing.

(4). A foreign prisoner detention has also the right to uncontrolled exchange of letters with the home country's diplomatic or consular agents, unless the police for the sake of pre-trial detention ends opposes it because of exceptional circumstances. If the police have provided mail control after code of civil procedure § 772, paragraph 1, letters will be sent through the police.

section 67. Letters to the authorities, etc., as referred to in section 66, paragraphs 1 and 2 must not be opened.

(2). Letters from the authorities referred to in paragraph 1, etc. must not be opened, if it may be considered certain that the letter is derived from the specified sender. Possible opening must be made in pre-trial arrestantens publicly.

section 68. Letters to the authorities, etc., referred to in section 66, paragraphs 3 and 4, shall be returned to the staff in the open position and closes in pre-trial arrestantens publicly, after verification of the envelope's contents.

(2). Letters from the authorities referred to in paragraph 1, etc. must not be opened, if it may be considered certain that the letter is derived from the specified sender. Possible opening must be made in pre-trial arrestantens publicly.

(3). In cases where pre-trial arrestantens other letters reviewed by the police, letters to members of Parliament submitted with covering letter. For this purpose forms Dfk. 39, be obtained from the State prison in Nyborg.

section 69. Letters to a public authority or a single person, as pre-trial arrestanten under section 66 shall have the right to mail exchange uncontrolled with, must be addressed to the competent authority or the single person. Letters to the public authorities should be addressed to the appropriate public institution and not to the a there employed person.

section 70. If there is reasonable doubt as to whether a sent mail originating from a public authority, etc., as covered by section 66, the institution can make representations to the competent authority, etc. with the aim of clarifying whether the letter is derived from this, or return the letter to the specified sender to verify that the letter is derived from this.

(2). Letters exchanged between a remand prisoner and public authorities, etc., as a pre-trial arrestanten under section 66 shall be entitled to the uncontrolled exchange of letters with, don't read this or withheld, but can through calls of detention in order to prevent smuggling.

§ 71. The institution shall supply stationery and envelopes and postage expense for letters to be borne by the authorities referred to in section 66, etc.

Chapter 23 telephone calls section 72. If the connection through an exchange of letters is not without significant disadvantage can wait for and to the extent practicable, a remand prisoner be allowed to conduct telephone conversations, see. However, paragraphs 2 – 5.

(2). The police can, for the sake of pre-trial detention ends oppose a pre-trial prisoner leads phone conversations.

(3). The institution's head or the entitled thereto, may refuse a pre-trial prisoner to conduct telephone conversations, if this is found necessary by the forces or security purposes.

(4). Påhøres or intercepted telephone conversations without court order of custody, unless that is not found necessary by the reasons mentioned in paragraph 3. If påhøres or intercepted phone conversation, conversation the parties previously be acquainted therewith. Decision on the hearing or eavesdropping is taken by the head of the institution or the entitled thereto, paragraph 5. By phone conversations, intercepted by staff in the institution or påhøres, may be a requirement that the conversation must be conducted in a language that the person shall hear or listen to the conversation, understand. If conditions justify it, may be used an interpreter.

section 73. Requests to transfer the telephone conversation with the Defender met in General.

(2). A pre-trial arrestants phone conversations with Defender påhøres or not intercepted.

§ 74. Phone conversations can be interrupted, if this in each case are required by code of conduct-or safety considerations.

§ 75. Pre-trial custody is holding even the cost of telephone calls.

(2). If the particular circumstances of the case justify it, can it, regardless of the provision in paragraph 1 shall be permitted a pre-trial prisoner to lead telephone conversation for the institution's behalf.

§ 76. The institution's Director may, having regard to the characteristics of each institution shall lay down rules on the practical implementation of pre-trial prisoners the right to conduct telephone conversations, including those relating to restrictions on the frequency and duration of phone conversations, having regard to the staff resources required to witness or eavesdrop on conversations.

Chapter 24 Newspapers, books, etc.

§ 77. A remand prisoner must be given the opportunity to stay informed by reading newspapers and through radio and television broadcasts, etc.


(2). Pre-trial custody, who is staying in the institutions, which, in accordance with section 58 of the Act established enforcement penalty schemes with loans of books and periodicals through the public library system, must as far as possible, be allowed to avail themselves of these schemes.

(3). Foreign pre-trial custody should, as far as possible have access to newspapers, magazines, books, etc., in their own language.

Chapter 25 Contact to the media section 78. A remand prisoner, who is not isolated in the Court's determination shall be entitled to within the institution to comment and in doing so to let them photograph to the media according to the rules laid down in the notice on access to the media contact for inmates in prison institutions.

(2). The police can, for the sake of pre-trial detention ends oppose that a remand prisoner is allowed to express their views and in this respect, let them photograph to the media.

(3). Prior to a pre-trial prisoner allowed to comment and in doing so let them photograph to the media, obtained an opinion from police.

Chapter 26 special offers for pre-trial custody, which is isolated in the Court's determination Guidance, staff contact, etc.



§ 79. Pre-trial custody, which is isolated in the Court's determination, coached extensively about the special rights and deals, which according to the rules laid down in this chapter is for them as isolated. In order to reduce the particular strain and risk of disturbance of mental health, which is associated with isolation, it is for the staff to pay particular attention, on an ongoing basis about isolated pre-trial custody has a need for increased staff contact, supervision of the doctor, including a psychiatrist, expanded access to visit, etc., Particularly in relation to pre-trial custody, as subject to prolonged isolation, shall be the responsibility of the staff to be aware of that this needs to be increased in line with the duration of isolation.

(2). Pre-trial custody under the age of 18, as in the Court's determination has been isolated in a consecutive period of more than 4 weeks duration, and remanded in custody at 18 years of age or more, as in the Court's determination has been isolated in a consecutive period of more than 6 months ' duration, in addition to the activities resulting from § § 81-83, offered at least a further 3 hour daily activation with personal contact.

(3). The institution's head or the entitled thereto, shall be 1 time a week in cooperation with the arrestanten draw up a plan for his or her detention activation pursuant to paragraph 2.

Free tv



section 80. Pre-trial custody, which is isolated in the Court's determination shall be made available for free tv.

Visit etc.



§ 81. Pre-trial custody, which is isolated in the Court's determination, should be allowed to visit at least once a week. Visitor time must not be less than 1 hour. Prolonged visits to be allowed in so far as conditions allow.

section 82. Pre-trial detainees, who have been isolated after the Court's determination in more than 14 days, must be continued isolation offered regular and prolonged conversations with e.g. priest, doctor or psychologist.

Employment



section 83. Pre-trial detainees, who have been isolated after the Court's determination in more than 14 days, must be continued isolation offered special access to one-to-one tuition and work, including other approved activity, which may help to reduce the specific load and risk of disturbance of mental health, which is associated with the isolation.

Title V action against the pre-trial detention Chapter 27 Study of pre-trial arrestantens person and accommodation section 84. The institution may examine what objects a pre-trial prisoner has in his possession in his living room or on his person according to the rules laid down in the Ordinance on study of the prisoner's person and accommodation in prison institutions (notice of inquiry).

Chapter 28 use of force § 85. The institution may use force against a prisoner detention according to the rules laid down in Ordinance on the use of force against inmates in prisons and arrest houses (magtanvendelses order).

Chapter 29 Exclusion from community § 86. The institution's head or the entitled thereto, may exclude a pre-trial prisoner from fellowship with other inmates according to the rules laid down in the Ordinance on the exclusion of inmates from the community, including the placing of observation cell, etc., in prisons and arrest houses.

Chapter 30 Security agents handcuffed



section 87. Handcuffs may be used towards a pre-trial prisoner according to the rules of the code of Civil Procedure Act § 775, paragraph 2, of the basic regulation. criminal enforcement section 65 and the notice on the existence of security resources in prisons and arrest houses.

Security cell



section 88. After determining the institution's head or the entitled thereto, a pre-trial prisoner placed in a security cell and including forced fixed according to the rules of the code of civil procedure § 775, paragraph 2, of the basic regulation. penalty enforcement law § 66, and the notice on the existence of security resources in prisons and arrest houses.

Title VI of the Disciplinary punishment, confiscation and offsetting of the compensation payments Chapter 31 disciplinary section 89. A remand prisoner can by the institution's head or the entitled thereto, be disciplinary action according to the rules laid down in the notice on the application of the punishment cell, use of interrogation cell and the processing of disciplinary proceedings in prisons and arrest houses (disciplinary notice).

(2). By the imposition of disciplinary punishment in the form of punishment cell shall be fixed duration to a term of not more than 2 weeks, see. Code of civil procedure § 775, paragraph 1 1. PT.

Chapter 32 Interrogation cell section 90. A remand prisoner may be placed in interrogation cell according to the rules of disciplinary penalty notice.

Chapter 33 Confiscation section 91. Confiscation of a remand prisoner can only happen if this Declaration of out-of-court adoption of confiscation in accordance with the rules of the ordonnance on out-of-court adoption of confiscation.

(2). Cases of confiscation of pre-trial custody be treated in accordance with the rules of the Executive order on the treatment of cases of confiscation in prison institutions (confiscation order).

Chapter 34 offsetting of the compensation section 92. If pre-trial arrestanten during his stay in detention has caused damage to the institution's thing about a replacement culpable behaviour, the institution may decide that the amount of compensation shall be set off against the prisoner's consideration for employment, if pre-trial arrestanten gives consent.

(2). Matters relating to set-off of amounts of compensation for pre-trial custody are treated according to the rules laid down in the Ordinance on the treatment of cases relating to set-off of amounts of compensation for inmates in prison institutions (internal order).

Title VII compensation for intervention Chapter 35 Compensation in occasion of intervention during the stay in detention, etc.

section 93. Questions about compensation for pre-trial custody in occasion of intervention during the stay in detention are treated in accordance with the rules on compensation in respect of criminal proceedings in the judicial code chapter 93 (a) and Ordinance on the treatment of claims from inmates in prison institutions for compensation on the occasion of the action not to blame.

Title VIII Complaint, etc. and the entry into force of Chapter 36 Complaint rules, etc.

§ 94. The institution's decisions can be appealed to the Minister of Justice.

(2). A complaint to the Minister of Justice does not have suspensive effect, unless the person who took the decision, or the Minister of Justice shall act with the provision to that effect.

section 95. In accordance with the code of civil procedure § 778 submitted pre-trial prisoners complain of prison staff's behavior to the appropriate warden (arrest Inspector) or to the Directorate of Probation. The complainant has not upheld, or are there not taken a final decision within 2 weeks after submission, can the complaint brought before the courts for the place where custody is located.

(2). The Court may refuse to launch an investigation if the complaint is found manifestly unfounded if it concerns matters of minor importance, or if submitted more than 4 weeks after the fact, as the complaint is concerned, have taken place.

(3). When the investigation is terminated, the Court shall give an explanation for this, which is sent to the complainant, the complaint concerned and to the prison warden (arrest Inspector) as well as to the Directorate of Probation.

section 96. In accordance with the code of civil procedure § 771 (1), pre-trial arrestanten require that the police's refusal to visit or requirements on the control of visits shall be submitted to the Court for a decision.

section 97. In accordance with the code of civil procedure § 772, paragraph 1, should the question of whether the police detention of a letter to or from a remand prisoner has to be maintained, immediately submitted to the Court for a decision.

section 98. If the police after civil code § 770 provides that, for the sake of pre-trial detention must be carried out for purposes other restrictions in a pre-trial rights, arrestants detention arrestanten after the code of Civil Procedure Act § 773 require the issue of the maintenance of the limitations presented to the Court for a decision.

Chapter 37 entry into force of section 99. The notice shall enter into force on the 1. June 2011.

(2). Executive Order No. 738 of 25. June 2007 on stay in custody shall be repealed at the same time.

The Ministry of Justice, the 27. May 2011 Lars Barfoed/William Rentzmann