Machine Translation of "Notice Of Stay In Custody (Pre-Trial Notice)" (Denmark)

Purline of section 772, paragraph. TWO, TWO. pkt., and section 776 of the law on the care of the court, cf. Law Order no. 1237 of 26. October 2010 shall be determined :

Section I

Preliminary provisions

Chapter 1

The scope of the Bekendom and so forth.

§ 1. This notice shall apply to remand arrears placed in the detention facility (arresthus).

Paragraph 2. The notice shall also apply to the arrears of remand, as provided for in Chapter 7, to the Anstal at the place of the Herstedvester.

Paragraph 3. The notice shall also apply to other persons placed in detention, unless the application has been made to the removal of penalty, to the atonement of periodic penalty or alimony, or to holding as a protective custody, as appropriate ; testify or similar in accordance with the rule of law.

§ 2. The Ministry of Justice, the Directorate of Corrective Services, shall take care of the central management of the implementation of residence in a detention facility. However, this applies only to the restrictions resulting from :

1) the possibility of a court order to decide on isolation, cf. section 4 of this notice, and

2) the ability of the police to lay down restrictions in the custody of the person holding the arrest warrant, cf. Section 5 of this notice.

§ 3. After the Danish Court of Justice, Section 770 (3). 1, a detention person shall be subject to the limitations necessary for the purposes of safeguarding the protective custody of the holding or maintaining order and security of the detention facility.

§ 4. The Court may, in accordance with the provisions of the Danish Court of Justice, Section 770 (e), that a person holding a holding arrest for the purposes of the detention detention line must be kept in isolation.

§ 5. The police may, in accordance with the provisions of the Danish Court of Justice, Section 771-773 for the purposes of the detention of the detention detention area ;

1) oppose the detention of the detention person or to require visits to take place during the checks,

2) review and with the approval of the court detain letters to and from the person holding the arrest ; and

3) make other restrictions in a person ' s arrest rights.

§ 6. After the section 774 of the court of law, neither the institution of the institution nor others shall be used to explore the custody of the holding.

Chapter 2

Compensation for accident cases

§ 7. The arrears in the institutions of the Criminal Investigation shall be compensated for accident cases, etc., in accordance with the rules of the settlement of compensation and compensation to prisoners in the institutions of the Criminal Investigation and sentenced and paroled during execution of : community service for the consequences of accident cases and so on.

TITLE II

Election of the detention facility, etc.

Chapter 3

General provisions on placing and transfer

§ 8. After the Danish Court of Justice, Section 770 (3). TWO, ONE. pkt., placed in a detention facility in holding (arresthus) detention as far as possible in the place where the criminal proceedings are handled.

Paragraph 2. The placing in or transfer to another pre-trial detention facility, institution, hospital institutions, etc., outside the Criminal Investigation Act, may take place in accordance with the rules laid down in Chapter 4 to 7 of this notice.

§ 9. The police shall be informed of any transfer of the arresting arrest as far as possible before the transfer is carried out. In the case of a placement outside of the house of inheritance, under the section 770 of the court of law, the place of the arrest. TWO, TWO. PC, shall notify the police as soon as possible and, at the same time, at the same time as the transfer takes place.

Paragraph 2. The defender shall be informed of any transfer of the arresting arrest as far as possible before the transfer is carried out before the transfer is carried out.

Chapter 4

placing in or transfer to another holding prison other than that where the criminal proceedings are treated ;

§ 10. Where the criminal proceedings are handled may occur, placing in or transfer to a second holding case may occur if the police are requested by the police for the purposes of investigation, or it is required by

1) Places of space,

2) safety considerations ; or

3) other special circumstances.

Paragraph 2. Decision on transfers in accordance with paragraph 1. 1 shall be made by the head of the institution or by the person empowered by the institution to which the agent of the person remanded into the custody of the agent shall be carried out. If there is a dispute between the two institutions on whether or not transfer is to be made, the Justice Department, the Department of Corrections, shall be submitted to the Ministry of Correction.

§ 11. A detention period placed in a detention facility and which, after a possible conviction, may be expected to be transferred to the enforcement of the imprisonment of another nordic country according to the rules of the Ministry of Justice circular No 2. 220 of 16. In December 1963, on cooperation with Finland, Iceland, Norway and Sweden on the enforcement of penalties etc., may be transferred to the prisons of Copenhagen when the investigation in criminal proceedings is essentially a debit.

Paragraph 2. Transfer in accordance with paragraph 1. 1 assumes the consent of the person holding the arrest warrant.

Paragraph 3. Decision on transfers in accordance with paragraph 1. 1 shall be made by the head of the institution or by the person empowered to do so, by agreement with the prisons of the Copenhagen Pension.

Chapter 5

Arrangeoff for remand

§ 12. After the Danish Court of Justice, Section 770 (3). TWO, TWO. pkt., may the placing of holding in the case of protective custody shall be carried out in the case of a health-related reason or under the section 777 of the Danish Court of Justice of the Law.

Paragraph 2. After the legal split on paragraph 777, a detention person may be placed in an asylum for persons who are sentenced to prison or in custody or in hospital, etc., cf. the sections 68 and 69 of the penal code, if the person concerned himself, the prosecution and the institution ' s management shall concoct herein. If health considerations or considerations of the safety of others make it necessary, the right may, in exceptional circumstances, approve such a position without the consent of the arrest warrant. In the institution it shall be treated voluntarily in accordance with the rules applicable to persons placed there in accordance with the judgment, while the periodic custody arrest shall be treated in accordance with the rules of detention, in the case of persons being held in custody. the extent of the order and security of the institution shall make it possible. However, the tenure must not, without the approval of the court, leave the institution, except for the cases referred to in the legal spellings section 771, paragraph 1. 2.

Paragraph 3. A remand prisoner, placed in a detention center, after the legal spellletop section 777, 2. PC, does not have a duty to work, but must be offered employment.

§ 13. Transfer in accordance with section 12 (2). The person concerned shall, as far as possible, be carried out to the institution where the arresting arrears are to be placed if the person is convicted of the alleged crime.

§ 14. The question of placing outside of a detention facility in accordance with section 12 (2) is to be taken. 2, the issue of transfer shall be treated in accordance with the procedure laid down in the procedural law of the court or the operator of the institution or the person authorized to do so, where the transfer is carried out ;

1) hospital, etc., or

2) The stable at Herstedvester.

§ 15. In cases not covered by Section 14 or if the institutions disagree on the application, the head of the institution or the person authorized by the Office shall submit the issue of the transfer for the Ministry of Justice, the Directorate of Corrections, or the Department of Corrections.

Paragraph 2. In the case of referral to the Board, section 16 shall apply.

§ 16. On transfer to the subdivision post of section 12 (3). 2, it must be ensured that the institution requested to receive the custody arrest has information on the contents of the following material to the extent that it is available :

1) Personal survey, cf. -$80,000.-$80,000.

2) Exclusions of previous stay in the institution of probing.

3) Opinion on the flow of periods under supervision.

4) Opinion of the head of the detention facility.

5) The indictment or the other statement of the alleged crime in the criminal proceedings that have given rise to detention.

Chapter 6

placing in or transfer to Vestre Hospital

§ 17. placing in or transfer to Vestre Hospital may be carried out for health reasons and, in the case of an ordinary hospital, shall be unquestionable from :

1) safety concerns,

2) the consideration of the investigation or

3) the conditions of the person holding the arrest warrant.

Paragraph 2. In addition, placing in or transfer to Vestre Hospital may well be done if the detention order cannot be received in ordinary hospital due to a lack of space.

§ 18. Decision on placing in or transfer to Vestre Hospital by section 17 shall be taken by the head of the institution or by the person empowered by agreement with the prison of the territory of the Copenhagen office. If there is a dispute between the office of succession and the Copenhagen prison whether to transfer it, the Ministry of Justice, the Department of Corrective Services, shall be submitted to the Ministry of Correction.

Paragraph 2. The operator or the operator of the institution shall send a recommendation to the prison doctor (the prison physician) to the prisons of the Copenhagen Penitentiary. If the conditions are immediately transmitted, the matter shall be referred to the head of the prison director of the prison, where appropriate after discussion between the prison doctor (the prison doctor) and the Chief Medical Chief at the West Hospital.

Paragraph 3. When the leader of the prisons of Copenhagen or the person empowered to take a decision on the return of the West Hospital shall be the responsibility of the institution from which the transfer to Vestre Hospital has taken place, to ensure that the return is carried out as soon as possible ; possible.

Chapter 7

Temporary transfer to the Anstala at herstedvester

§ 19. Temporary transfer to the Anstable at the Herstedster can take place if the person holding the arresting agent

1) need psychiatric assistance,

2) cannot be placed in a mental hospital or similar,

3) intertwats in the transfer and

4) in this context, consent to the establishment of a joint undertaking by means of work, training and free time that the person concerned agrees with regard to the possession of cash to be subject to the rules applicable to : Inmates in closed prisons.

Paragraph 2. If the arresting arrest is isolated pursuant to the rule of law, transfer may be transferred under paragraph 1. 1 only happens with the consent of the police.

Paragraph 3. The crew in the Anstable at the Herstedvester cannot be used for the purposes of the proceedings for the purposes of proceedings.

20. The transfer to the Anstal at herstedvests, after section 19, shall be made by the head of the institution or by the person empowered by agreement with the Anstal at the place of the Herstedvester. If there is a dispute between the office of succession and the State of Herstedster on whether or not transfer is to be made, the Ministry of Justice, the Department of Corrective Services, shall be submitted to the Ministry of Correction.

Paragraph 2. The operator or the operator of the institution shall send a recommendation, send a statement from the prison doctor (the prison physician) to the attending physician at the place of the Herstedvester. If the conditions allow immediate transfer, the case shall be referred to the superintentional telephone.

Paragraph 3. When the operator of the Herstedvester or the authorised person ' s return on the return of the institution shall be the responsibility of the institution from which the transfer to the Plant at the Herstedvester has been carried out, to ensure that the return on the part of the person ; shall be as soon as possible

TITLE III

The rights and duties of the court in the institution of the institution of the institution

Chapter 8

Guide and Scheduling

§ 21. A person holding a custody shall shortly be situated in the institution, by weighing its rights, duties and other conditions under the arrest in the detention facility.

Chapter 9

Indications

§ 22. A person ' s arrest shall comply with the instructions given by the institution ' s staff in the context of the establishment of the institution ' s tasks, cf. Section 32 of the Enforcement Act.

Chapter 10

Community

-23. A person who is not isolated in accordance with the rule of law must, as far as possible, have access to the Community with other inmates as soon as possible, in accordance with the rules in the notice of the access of the services to other prisoners in the criminal care services ; institutions (Community announcement).

Chapter 11

Influity

§ 24. Whereas the arrears which are not isolated in accordance with the rule of law must be able to influence their lives in the institution through elected spokespersons in accordance with the rules laid down in the publication of the involvement of inmates. in the institutions of the Criminal Investigation (spokesman announcement).

Chapter 12

Participation in the service, etc.

§ 25. A person who is not isolated in accordance with the law of the law shall be entitled to participate in the services held in the institution. However, where appropriate or security is required, the institution of the institution or the person authorized to do so may, however, refuse to hold a provisional access to services in services.

Paragraph 2. A person holding a prisoner shall be entitled to have a conversation with a priest or a similar person from his religious community, unless the arresting of the arresting arrest of the arrest of the arrest shall be resistant to it.

Chapter 13

Own items and money

SECTION 26. A person ' s arrest shall have the right to include, possess and have other items and money in the institution, in accordance with the rules of the notice of the intake of the action to include, possess and have other items and money in the institutions of the Criminal Investigation (the chaperone announcement).

Chapter 14

Forgiveness

§ 27. The arrears of the Member States shall be entitled to publish magazines in accordance with the rules in the notice on the publication of a magazine in the institutions of the Criminal Investigation.

Chapter 15

Work and education, etc.

§ 28. A person ' s arrest shall not be subject to employment, but must be offered employment in accordance with the rules in the notice of employment, etc. of inmates in the institutions of the Criminal Investigation (Employment Order).

Chapter 16

Free time

§ 29. A provisional arrest shall, as far as possible, carry out any practical tasks relating to its relations, including, e.g. cleaning of their own habitat room and washing their own clothes.

Paragraph 2. The institution shall, as far as possible, offer protective custody activities in the free time.

Paragraph 3. A person ' s arrest shall be entitled to spend at least one hour of free air on a daily basis unless this is incompatible with the institution's trade-off of safety considerations or the detention centre is placed in the security cell after the law of the law of the law ; § 775, paragraph 1 2, cf. The section 66 of the sentence of the law.

Chapter 17

Oral assistance

-$30. The institution shall guide and assist a holding constant in order to limit the professional, social and personal disadvantages resulting from the product remand.

Paragraph 2. The institution shall, in accordance with paragraph 1, shall : 1 communicate contact with persons, institutions and authorities, which, in accordance with other legislation, may provide assistance.

Chapter 18

Healthcare aid

§ 31. A person holding the right to medical treatment, including the invocation of his own doctor, and other health assistance, in accordance with the rules in the notification of medical assistance to inmates in the institutions of the Criminal Investigation, shall be entitled to medical care.

Chapter 19

Treatment

§ 32. A person holding the right to non-drug-free treatment is entitled to non-remunerated non-remunerated, unless they are not deemed appropriate and motivated for treatment.

Paragraph 2. Treatment of substance abuse must be carried out as far as possible within 14 days of the application of the arrest warrant to the Department of Corrective Services.

TITLE IV

The contact of the Valitstsarreters to society outside the institution

Chapter 20

Issue

§ 33 After the Court of Justice section 771, paragraph 7. 2, may the institution ' s administration, with the consent of the police, give a provisional basis for a provisional authorisation with a companion for a shorter period of time when special circumstances are therefore under way.

§ 34. Collections are collected from the police director who's handling the criminal proceedings.

Paragraph 2. In particularly urgent cases, the consent of the police may be obtained by telephone.

$35. The decision authorising an exit shall be taken by the manager of the institution or by the person empowered to do so. In the decision the risk of abuse must be taken into account.

Paragraph 2. It is, in general, a precondition for the outcome of the detention period providing the necessary supporting documents for the circumstances undergoing the end.

§ 36. In assessing the risk of abuse, particular weight shall be attached to the person holding the arrest warrant ;

1) has been charged or convicted of dangerous crime, including intentional arson or other non-lethal crime, encaving violence or morality, enrichment crime associated with violence or threat of violence, or, incidentally, offences of a particularly serious or professional nature,

2) have been elveted or tried to do so during the inventory ;

3) the relationship has committed a criminal offence ;

4) have misused a permit for an exit from the end of the team, or

5) In the case of an earlier stay in the institutions of the criminal institution, actions have been taken as referred to in paragraph 1 Two-four, without the conditions of unaccompanied exit later, they were found.

§ 37. Experts must always be carried out with an accompanying document, cf. § 33.

§ 38. Issue is given for a shorter period of time, cf. § 33. Extend cannot be extended for longer than the purpose of the object and must normally not exceed 1 day beyond the travel time.

Paragraph 2. If an exit is exceptionally given for more than one day, the sleepover must take place in the detention facility. Agreement to this effect must be taken in the case of the institution concerned.

§ 39. The expenses of travel, residence and allowance shall be borne by the holding detention.

Paragraph 2. Grants may be granted to cover travel expenses according to the rules laid down by the Ministry of Justice, the Directorate of Correction of the Criminal Investigenation Office ; .

Chapter 21

Visit, etc.

The right to visit, etc.

§ 40. A person's arrest has with the limitations of section 42-45, the right of visits, so often conditions allow. A person's arrest is always the right to unchecked visits by its defender, cf. The legal split on top of section 771 (3). One, last point.

Paragraph 2. In order to inform his next of kin as soon as possible, the arresting man shall be able to notify its next of kin as soon as possible, in order to receive their visits to the rules laid down in this Chapter.

Paragraph 3. The director of the institution lays down rules on the settlement of visits.

§ 41. Visiting hours must not be less than half an hour. Long-term visits must be allowed to the extent that conditions permit.

Paragraph 2. The legal arrest warrant which is isolated in accordance with the law of the court should be allowed to have extended visits, cf. § 81.

Paragraph 3. Visits and visits to a domestic arrest warrant and visits to a domestic arrest of diplomatic and consular representatives from the home Member State are not limited to the possibility of other visits.

Prohibition of visits

§ 42. After the Danish Court of Justice, Section 771 (3). 1, may the police, in the interests of the holding detention detention, oppose the consignotation of the arresting officer. The tenure of the trial may require that the police refused to visit the court for a decision, cf. § 96.

§ 43. The head of the institution or the authorised person shall be able to prohibit visits by certain persons and a notified visit permit may be withdrawn if, in the individual case, this is required by the order or security reasons.

Paragraph 2. When a visa application is refused or a visiting permit is withdrawn, a note shall be made on the grounds for that purpose.

Survivius

§ 44. After the Danish Court of Justice, Section 771 (3). 1, may the police, in the interest of the holding of custody, require visits to take place during the checks (overvisited). The tenure of the court may require the enforcement of the police's control requirements to be submitted to the right to decide, cf. § 96.

§ 45. The institution is not generally witnessing visits. If, in the case of the individual or security considerations, it is necessary for the institution of the institution or the person authorized to be authorized to have a visit to the institution of staff or persons to be carried out in the institution.

Paragraph 2. In the presence of visits to the institution of staff, the call may be required to be conducted in a language such as the presence of the Visitor's visit. For that reason, interpreter can be used.

Suffering visits

§ 46. Visit visitors may be interrupted if, in the individual case, this is required by the order or security considerations.

Org Permit, etc.

§ 47. Visitors shall require the visitors to obtain prior authorisation from the institution to visit the arresting arrest.

Paragraph 2. Rule of paragraph (1) 1 may be derogated from, if the circumstances in each case, therefore speak.

Paragraph 3. Prior to authorization to visit a person's arrest, information on the applicant shall be provided with information on the applicant in the central register of criminal records.

Stk.4. Endepiment of information from the Central Criminal Register of paragraph 1. 3 can only be done if the applicant has given written consent. The institution shall guide the applicant that it is a precondition for granting permission to grant permission to the person concerned to refer to the information supplied by the Central Criminal Register.

§ 48. The head of the institution may, taking into account the circumstances of each institution and the extent to which the institution or security considerations are concerned, lay down restrictions on the number of persons who may at the same time be able to :

1) have been authorized visitors to a person holding constant, and

2) pay a visit to the custody arrest.

§ 49. Visitors shall as far as possible be designed in such a way as to create a natural and friendly visitation atmosphere.

Includes items, etc.

$50. The head of the institution may, taking into account the circumstances of each institution and, to the extent of which the order and safety considerations are concerned, determine the object of which the visitors may include or be in possession of ; Visited. The head of the institution may, in particular, provide for the fact that the visitors must not include objects which are difficult to examine, and other objects which are not authorised to have in the institution, cf. the rules of the recon notice and regulations issued after this.

Paragraph 2. Mobile telephones and similar communications equipment and accessories etc. for this purpose must not be allowed to be brought in by visits. However, this does not apply if the visitor is the defender of the detention centre, and the person responsible for the visit will show the communications equipment to the staff and, where appropriate, to the staff. let it register.

Paragraph 3. The institution must inform visitors in advance of what should not be included in the visit.

§ 51. It is a permit for visiting permission that the visitors permit compact objects to examine and include image identification.

Paragraph 2. The fact that the visitor brings picture identification can be waisted if special circumstances in the individual case are therefore speaking.

Investigating visitors

§ 52. It is a permit for visiting permission that the visitor after the institution ' s request shall be subject to examination by the rules to be made in the notice of access to visits and so on to inmates, to be sentenced to prison or detention in the detention centre ; institutions (visitation notice).

Visit children

§ 53. Visit children can usually only take place during the accompanying of an adult.

Paragraph 2. Visit children may normally only take place with the consent of the holder of the custody of the parent authorities. In cases where parents have joint custody, it should be considered, in the individual case, whether or not to obtain the consent of both parents.

Access to the custody of the protective custody of the court in the custody of a child in custody

§ 54. A person who is in custody shall have the right to have his child less than 1 years in the custody of the person who is in custody, if the arresting arrest is capable of taking care of the child.

Paragraph 2. If this is the best thing for the child and, in particular, in individual cases, therefore, a detention person may be allowed to retain the child in his institution for a limited period of time after the child is full of 1 year.

§ 55. Permission to have his child with him in the institution presups,

1) that the person holding the arrest warrant has given consent to the inclusion of a statement by the social authorities as to whether residence in the institution is compatible with the concern of the child ;

2) the social authorities find a residence in the institution compatible with the child, and

3) that, in any case, no account shall be available on the basis of the presumptuation of the person holding the child in the institution of the holding.

Paragraph 2. However, the permission to have his child in the institution may, however, be given without prejudice to the opinion of the social authorities, if :

1) specific circumstances in the individual case are therefore,

2) there are no circumstances which provide the basis for the presumptuation of the custody of the child at the institution, and

3) the person holding the arrears prior to the institution shall inform the social authorities of the fact that the child is staying with the detention authority of the institution.

Launty arrest calls to the outside world.

§ 56. The incumbable duty of detention is to keep in mind the fact that, in the institution, detention is subject to detention, which only rings a link with the outside world.

Paragraph 2. In the case of protective custody which has little connection with the outside world, the institution shall be the responsibility of the institution to contribute to the extent to which it is possible and to the extent that it is possible and, as far as is possible, in the case of safety and, ordinal considerations are defensible.

§ 57. Institutions associated with a visitor ' s friends (permanent visitor) shall be considered in relation to the arrears of persons who have little connection with the surrounding area, consider whether visits to appropriate persons as visiting friends may be communicated. However, this only applies to the extent that it is compatible with restrictions imposed by the police on the basis of the section 771 referred to in paragraph 771 of the law. 1.

§ 58. The order of visitors must be approved by the institution. Approval may be made only when :

1) the visiting friend shall be approved by the Ministry of Justice, the Directorate of the Criminal InvestiOffice,

2) in writing, the visitation valve in writing has agreed to inform the institution only of circumstances which may have an impact on the person holding the arrest, if this is agreeable,

3) the visitors ' friend in writing has agreed in writing not without the consent of the institution of the institution to accept some of the presiding or consenting to this in relation to purchases, sales, renting or similar goods, and

4) the visitation valve has issued a declaration of confidentiality, cf. § 60, no. 2.

$59. The institution shall guide the person concerned that the regular visitor is not covered by the confidentiality of Article 152 of the Penal Code, and will only be liable to be subject to professional secrecy in respect of information provided by the institution to the visitors after the Danish institution ; 60. Instructions to this end shall be made before the visits are started and before obtaining consent by section 60, no. 1, for the purpose of passing information to the visitation valve.

§ 60. The visitors must have the necessary information on the conditions of the holding detention. However, the provision of information to the visitation valve may be done only if :

1) the person holding the arrest in writing, and in writing, in the supply and

2) the institution of the section 27 (s) of the Administrative Act. 3, on the obligation to observe the confidentiality of the confidential information provided.

Chapter 22

Exchange of letters

The right to correspondence and so on.

§ 61. A holding constant has the right to receive and send letters with the restrictions resulting from section 62-63.

§ 62. After the Danish Court of Justice, Section 772 (2) of the Court of Justice. 1, the police may review the letters prior to receipt or dispatch. The police shall be handing over or sending the letters as soon as possible unless the content will be detrimental to the investigation or the maintenance of order and security in the detention facility. If the police detain a letter, the question of whether detention should be upheld shall immediately be submitted to the right to a decision, cf. § 97.

§ 63. The institution is opening and closing without a court order letter and from the detention of custody, in order to prevent the smuggling of the goods. However, this may be waisted where, in the case of individual cases, it is deemed to be safe from security and ordinal grounds. Opening and closing shall be done in the custody of the arresting arrest other than the cases covered by paragraph 1. 2.

Paragraph 2. Letters of letters to and from the remand arrears may be carried out only if this institution is deemed necessary by the law or safety considerations.

Paragraph 3. A letter which, after reading of the law or safety considerations, should not be dispatched or handed out shall be handed over to the police.

Paragraph 4. When the institution surrenders a letter to the police pursuant to paragraph 1. 3, shall find the legal split on paragraph 772 (2). 1, use.

§ 64. When there is the institution after paragraph 63 (1). 2, a decision shall be taken on reading a letter without the letter after paragraph 63 (3). 3, handed over to the police, the arresting officer shall be made aware of the decision on read-through. However, the Orientation of the holding arrest may be omitted until four weeks to the extent that the purpose of the review would be replayed.

Paragraph 2. Notation must be made about the reasons for the decision and the outcome of the review. It must also be stated in the note that the decision to make the decision is informed of the possibility of filing a decision to the Minister for Justice.

§ 65. The arresting arrears shall keep the costs of stationery, envelopes and porto, cf. However, Section 71. In arresting arrears which receive neither payment of self-management, income from his own work nor receives public service to sub-teams, shall be provided stationery and envelopes of the institution.

Paragraph 2. The institution may, by the way, supply stationery and envelopes as well as the port of the port, whose special circumstances are therefore speaking.

k. 3 Brevpaper and envelopes delivered by the institution shall not be marked with a stamp or mark, indicating that the letter writer is staying in an institution under the criminal care system. The institution ' s expedition of letters to and from custody arrears shall be taken into account for the discretion of the institutions.

Paragraph 4. Letters must be disputing without undue delay. The arrears shall be informed of the date of departure of the post-office dispatch. Where a decision has been taken to take place, the arresting arrest shall be made aware that a very extensive exchange of letters may result in the post-processing delay.

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

§ 66. After the Danish Court of Justice, Section 772 (2) of the Court of Justice. 2, has a custody right to an unchecked exchange of letters with the court, the defense attorney, the attorney general, the director of the Criminal InvestiDepartment and the European Parliament's Ombudsman.

Paragraph 2. Except for the one in paragraph. 1 mentioned cases have a custody right to an uncontrolled exchange of letters with the courts, the Process appropriation board, the prosecution and police, the European Court of Human Rights, the European Committee on Tortor, the United Nations, Human Rights Commission and the UN Tortur Committee.

Paragraph 3. Except for the one in paragraph. The authorities of the 1 and 2 authorities, etc., have a custody right to an uncontrolled exchange of letters with other public authorities and members of parliament.

Paragraph 4. A foreign agent shall also have the right to an uncontrolled exchange of letters with the diplomatic or consular representatives of the home Member State, except in the case of the arresting of the arresting arrest of the arrest of the arrest of the person concerned, because of the special nature of the arrest ; circumstances. If the police have been set by letter control pursuant to the section 772 of the law of the law, First, the letters are sent through the police.

§ 67. Letters to the authorities, etc. referred to in section 66 (1). 1 and 2 shall not be opened.

Paragraph 2. Letters from the points referred to in paragraph 1 Paragraph 1 shall not be opened if it may be deemed to be safe that the letter originate from the supplied sender. Possible opening must take place in the custody of the person holding the arresting arrest.

§ 68. Letters to the authorities, etc. referred to in section 66 (3). 3 and 4 shall be delivered to the staff in open state and shall be closed in the custody of the person holding the envelope in accordance with the control of the envelope.

Paragraph 3. In cases where the other correspondence in custody is reviewed by the police, letters to Members of Parliament shall be sent by letter of letter. This is the form Dfk, 39, which is requested from the State Prison in Nyborg.

§ 69. Letters to a public authority or individual who shall be entitled to letter exchange unchecked must be addressed to the authority or individual person concerned. Letters to public authorities must be addressed to the public institution and not to a person who is employed.

§ 70. If there is a reasonable doubt as to whether a sent letter originated from a public authority and so on which is covered by Section 66, the institution may direct inquiries to the competent authority, in order to clarify whether the letter originated from this one ; or return the letter to the specified sender to confirm that the letter originate from this letter.

Paragraph 2. Letters exchanged between a person holding and public authorities, etc., as the arresting arrest after Article 66 is entitled to a non-controlled exchange of letters, may not be read or withheld, but may be reviewed by the person holding the prison in accordance with the following item (s). for the purpose of preventing the entry into the trade.

§ 71. The institution shall provide stationery and envelopes and shall keep the portoudfee of letters to the authorities referred to in section 66.

Chapter 23

Phone calls

§ 72. If, through the exchange of letters, no significant inconvenience can be expected and the extent to which it is practicable, a person holding a holding cell may be allowed to conduct telephone calls, cf. however, paragraph 1 TWO-FIVE.

k. 2 The police can take care of the arrest of a person holding phone calls for the purposes of the detention detention detention.

Paragraph 3. The head of the institution or the person authorized by the institution may refuse to hold phone calls if necessary by the order or security considerations of the institution.

Paragraph 4. Phone calls shall be consulted or intercepted without a court order of personnel in custody unless this is not required by the persons referred to in paragraph 1. Three mentioned reasons. If the telephone call is consulted or intercepted, the interlocutor shall be made aware of this. Detach or cancellation shall be made by the institution of the institution or by the person empowered to do so ;

Paragraph 5. Telephone calls for consultation or cancellation of staff in the institution may require that the conversation be conducted in a language like the one who is listening or listening to the conversation. For that reason, interpreter can be used.

§ 73. Requests to make phone calls with the defender are accommodated in general.

Paragraph 2. A detention cell phone calls with the defense attorney are being heard, or are not intercepted.

§ 74. Phone calls may be interrupted if, in the individual case, this is required by the order or security considerations.

§ 75. The arresting arrears are holding even the cost of phone calls.

Paragraph 2. Therefore, if special circumstances in the individual case are in question, it may be subject to the provision in paragraph 1. 1 shall be authorised to conduct a telephone call for the institution ' s account.

SECTION 76. The institution ' s leader may, taking into account the circumstances of the individual institution, lay down rules on the practical implementation of the right of custody to conduct telephone calls, including the frequency and duration of the holding of telephone calls ; telephone calls, taking into account the staff resources that are involved in listening to or listening to the interviews.

Chapter 24

Paper, books, etc.

§ 77. A person holding a holding constant must be given the opportunity to stay informed by means of a newspaper and via radio and television broadcasts, etc.

Paragraph 2. Pensions arrears in institutions where, in accordance with section 58 of the Enforcement Act section 58, arrangements with the loans of books and journals through the public library body shall be as far as possible to have access to make use of these arrangements.

Paragraph 3. Foreign detention agents should, as far as possible, have access to newspapers, periodicals, books, etc. in their own language.

Chapter 25

Contact to the media

§ 78. A person who is not isolated from the law of the court shall be entitled to give its opinion in the institution to take pictures of the media in accordance with the rules in the notification of access to the media for inmates in the notice of access to the media, The institutions of the criminal care services.

Paragraph 2. The police may, for reasons of the detention of custody, oppose the fact that a person who is in custody is allowed to express their views and in this connection to take pictures of the media.

Paragraph 3. Before a person's arrest warrant is given to express an opinion and in this connection, a statement by the police will be obtained from the police.

Chapter 26

Special tender for remand arrears which are isolated in accordance with the law of the law

Instructions, personnel contact, etc.

§ 79. The legal acts which are isolated in accordance with the law of the court shall be weighted in detail on the special rights and offers which, in accordance with the rules laid down in this chapter, are attributed to them as isolated. In order to reduce the particular strain and risk of disturbation of mental health linked to isolation, the staff shall regularly pay particular attention to the need for an increased number of protective custody agents ; staff contact, inspection of physician, including a psychiatrist, extended access to visits and so on in relation to the detention of long-term solitary confinement, the staff shall be borne in mind to ensure that this need is increased as a matter of time ; the duration of the isolation.

Paragraph 2. Under the age of 18, which after the law of the court has been isolated in a continuous period of more than four weeks of duration, detention arrears in a period of more than four weeks or more, in accordance with the law of the court, in a case of one or more, the arresting arrears in one of the following court proceedings : a continuous period of more than six months of duration, in addition to the activities resulting from sections 81-83, are offered at least 3 (3) hours of daily invocation with personal contact.

Paragraph 3. The head of the institution or the authorised agent shall, once weekly, in cooperation with the arresting agent, draw up a plan for the activation of his or her application in accordance with paragraph 1. 2.

Free TV.

$80. In the case of legal acts that are isolated from the rule of law, television has to be provided free of charge.

Visit, etc.

§ 81. The arrears of trainers who are insulated in accordance with the law of the law should be allowed to visit at least once a weekly. Visiting hours must not be less than 1 hour. Long-term visits must be allowed to the extent that conditions permit.

$82. In the case of legal acts which have been isolated in accordance with the law of the court for more than 14 days, they shall continue to be offered regular and long-term talks with, for example, a minister, doctor or psychologist.

Employment

§ 83. In the case of legal acts which have been isolated after the court's provision for more than 14 days, during continued isolation, special access to private classes and work including other approved activity, including other approved activity, may contribute to reducing the particular characteristics of the law ; congestion and risk of disturbation of mental health linked to isolation.

Section V

Inclusivity of the person holding the arrest

Chapter 27

Study of the person and residence of the holding prisoner

§ 84. The institution may examine the objects of a person holding in his possession in his accommodation or in his person in accordance with the arrangements for the examination of the person and the accommodation of the institutions of the Criminal Investigation, (test proclaisation).

Chapter 28

Maguse

§ 85. The institution may use force against a person holding a holding constant by the rules in the notice of the use of force against inmates in prisons and the use of power use (the power-use notice).

Chapter 29

Exclusion from community

§ 86. The head of the institution or the authorised person shall be able to exclude a person who is jointly held from joint custody following the rules in the notice of the exclusion of inmates, including placing in observation cell and so on, in prisons and arresthuse.

Chapter 30

Safer resources

Handcuffs

§ 87. Handcuffs can be applied to a person holding a holding constant in accordance with the rules of the legal split paragraph 775 (3). 2, cf. section 65 of the execution of a criminal offence and the notice of the use of security agents in prisons and in arressuse.

Sipretscelle

§ 88. After the determination of the institution or the operator of the institution or the person authorized to do so, a detention centre may be placed in the security cell and shall be restrained in accordance with the rules of the legal split paragraph 775 (3). 2, cf. Section 66 of the criminal law and the notice of the use of security agents in prisons and in arressuse.

TITLE VI

Disciplinary penalty, confiscation and settlement of replacement amounts

Chapter 31

Disciplinary penalty

$89. A person holding the institution or the person authorized by the institution or the person authorized shall be subject to disciplinary action following the rules of publication of the enclave of criminal proceedings, the use of interrogating and processing disciplinary proceedings in prisons and arresthuse (disciplinary offence).

Paragraph 2. The duration of the disciplinary penalty in the form of a criminal offence shall be fixed for a period of not more than 2 weeks, cf. $775, paragraph 7. ONE, ONE. Act.

Chapter 32

Interrogation Cell

§ 90. A person holding a holding constant may be placed in an interrogation cell following the rules of disciplinary proceedings.

Chapter 33

Confiscation

§ 91. The confiscation of a person holding a holding constant may be carried out if it gives a declaration of the unlegal adoption of confiscation in accordance with the rules of the memorable adoption of the confiscation of the confiscation.

Paragraph 2. Cases of confiscation in arresting bodies shall be treated in accordance with the rules in the notice on the processing of cases of confiscation in the institutions of the Criminal Services (the Comforting Order).

Chapter 34

Replacement Amount Receiving

§ 92. Where the arresting arrest during the remand prison has caused injury to the institution ' s object in the event of a replacement behaviour, the institution may decide that the amount of compensation should be offset in the remuneration for employment of the intervention, if the person holding the arrest warrant consents to this.

Paragraph 2. Cases on the settlement of replacement charges against pre-trial arrests shall be treated in accordance with the rules in the notice on the treatment of cases of compensation payments against inmates in the institutions of the Criminal Order (counter-ruling notice).

TITLE VII

Compensation for interventions

Chapter 35

Replacing on the grounds of intervention during the detention facility and so on.

§ 93. The question of compensation for the arresting arrest during the detention facility shall be treated in accordance with the rules on compensation in the case of penal proceedings against Chapter 93 a and the notice of the treatment of : the requirements of inmates in the institutions of the Criminal Investisorsorrow, on the subject of unowed intervention.

TITLE VIII

Complaguing etc. and entry into force

Chapter 36

Storage rules and so on.

$94. The decisions of the institution may be imprated to the Minister for Justice.

Paragraph 2. A complaint to the Minister for Justice shall not take effect unless it has taken the decision, or the Minister of Justice shall decide on this subject.

§ 95. After the section 778 of the court of law, the complaints lodged by the arresting officers shall be lodged against the warden ' s conduct to the warden (the arresting inspector) or to the Direqutorate of the Correction Office. If the complainant has not been co-hold or a final decision has not been taken within two weeks of the submission, the complaint may be lodged in the court of the office where the detention facility is situated.

Paragraph 2. The court may refuse to launch an investigation if the complaint appears to be unfounded if it concerns matters of negligible importance or, if it is submitted more than four weeks after the fact that the complaint is concerned, the complaint has taken place.

Paragraph 3. Upon completion of the examination, the court shall issue a statement to the complainant to the complaint and to the warden (the arresting inspector) and to the Directorate of the Criminal Investig.

§ 96. After the Danish Court of Justice, Section 771 (3). 1, the arresting arrears may require the police refused to visit or call for checks to be submitted to the courts for a decision.

§ 97. After the Danish Court of Justice, Section 772 (2) of the Court of Justice. The question is whether the detention of a letter to or from a custody arrest should be upheld, immediately before the right to a decision.

-98. If, in accordance with the rule of law, the police in accordance with the section 770 of the person concerned, other restraints must be carried out in a custody court, the arresting officer may be subject to the question of whether or not the arresting officer shall be subject to the question of whether or not the court-post-773 is asked to be subject to the following questions ; on the maintenance of the restrictions put forward the right to a decision.

Chapter 37

Entry into force

§ 99. The announcement shall enter into force on 1. June 2011.

Paragraph 2. Publication no. 738 of 25. June 2007 on residence in custody is lifted at the same time.

Justice Department, the 27th. May 2011

Lars Barfoed

/ William Rentzmann

Notice Of Stay In Custody (Pre-Trial Notice)

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

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