Notice Of Stay In Custody (Remand Order)

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

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Overview (table of contents)

Title I

Introductory provisions


Chapter 1

Notice of application, etc


Chapter 2

Compensation for accident


Section II

Selecting custody etc.


Chapter 3

General provisions on the placement and transfer


Chapter 4

Placing in or transfer to another detention than there, where criminal proceedings


Chapter 5

Placement in custody


Chapter 6

Placing in or transfer to Western Hospital


Chapter 7

Temporary transfer to the Herstedvester


Section III

Varetægtsarrestanters rights and obligations during the stay in the institution


Chapter 8

Guidance and Planning


Chapter 9

Advice


Chapter 10

Community


Chapter 11

Participation


Chapter 12

Participation in worship, etc.


Chapter 13

Individual objects and money


Chapter 14

Release of leaf


Chapter 15

Work and education etc.


Chapter 16

Spare time


Chapter 17

Charitable works assistance


Chapter 18

Health care


Chapter 19

treatment


Section IV

Varetægtsarrestanters contact with the community outside the institution


Chapter 20

Output


Chapter 21

Visit etc.


Chapter 22

Correspondence


Chapter 23

Telephone calls


Chapter 24

Newspapers, books, etc.


Chapter 25

Relations with the media


Chapter 26

Special offers for remand prisoners who are isolated for law provision


Section V

Intervention against the remand


Chapter 27

Study of varetægtsarrestantens person and living


Chapter 28

Forcible


Chapter 29

Exclusion from community


Chapter 30

Instruments of


Section VI

Disciplinary punishment, confiscation and offsetting of compensation


Chapter 31

disciplinary punishment


Chapter 32

Please check Cell


Chapter 33

confiscation


Chapter 34

Offsetting compensation


Section VII

Compensation for interventions


Chapter 35

Compensation in respect of interventions during the stay in custody etc.


Section VIII

Complaints etc. and commencement


Chapter 36

Complaints Rules etc.


Chapter 37

Commencement


The full text
notice stay in custody (remand order)
Pursuant to § 772 paragraph. 2, point 2., And § 776 of the Administration of Justice Act, cf.. Act no. 1063 of 17 November 2011, provides:

Title I

Introductory provisions

Chapter 1

Notice of application, etc

§ 1. This Order shall apply for remand prisoners placed in custody (jail).

PCS. 2. The notice shall also apply to remand prisoners, which the provisions of Part 7 temporarily transferred to Herstedvester.


PCS. 3. This Order shall apply mutatis exemptions also apply to other persons who are placed in detention, unless arrangements are made to stand in criminal, the serving of a penalty or alimony or custody as a witness or the like after the Administration of Justice Act.

§ 2. The Ministry of Justice, the Prison and Probation Service, is responsible for the central management of the implementation of the stay in custody. This applies only to the limitations resulting from

1) the court's ability to order the isolation, see. § 4 of this Order, and

2) police possibility to impose restrictions on varetægtsarrestantens rights, see. § 5 of this ordinance.

§ 3. After the Judicial Code § 770, paragraph. 1 is a remand prisoner shall be subject to the limitations which are necessary to ensure pre-trial detention purposes or maintaining order and security in custody.

§ 4. The right to the provisions of the Judicial Code §§ 770 ae determine that a remand prisoner for reasons of detention purposes should be isolated.

§ 5. Police to the provisions of the Judicial Code §§ 771-773 for reasons of detention purposes

1) object to the detainee to receive a visit or request that the visit takes place under control

2) review and with court approval withhold letters to and from the detainee, and

3) perform other restrictions in a varetægtsarrestants rights.

§ 6. After the Judicial Code § 774 must neither staff of the institution or other used to explore the detainee.

Chapter 2

Compensation for accident

§ 7. Remand prisoners in the Prison Institutions compensation for accident accordance with the terms of the Order on damages and compensation to inmates in the Prison institutions and convicted and paroled while performing community service for the consequences of accidents, etc.

Section II

Selecting custody etc.

Chapter 3

General provisions on the placement and transfer

§ 8. Under the Code of Civil Procedure § 770, paragraph. 2, first sentence., Placed remand prisoners in custody (jail), as far as possible in the place where criminal proceedings.

PCS. 2. Placing in or transfer to another detention, imprisonment institution, hospital institutions, etc. without the offender can be done according to the rules in Chapter 4-7 of this Order.

§ 9. The police must, as far as possible before transferring implemented, informed of any transfer of the detainee. In the case of placement in prison by the Judicial Code § 770, paragraph. 2, point 2., The police must be informed as soon as possible and not later than when the transfer takes place.

PCS. 2. Varetægtsarrestantens defender must, as far as possible before transferring implemented, informed of any transfer of the detainee.

Chapter 4

Placing in or transfer to another detention than there, where criminal proceedings

§ 10. Placing in or transfer to another detention than there, where criminal proceedings may take place if requested by the police for the investigations or required by

1) space reasons

2) safety considerations or

3) other special circumstances.

PCS. 2. Decision on transfer under paragraph. 1 taken by the head teacher or the person authorized to do so, with the agreement of the institution to which the detainee is intended to be transferred. If there is disagreement between the two institutions as to whether the transfer should happen submitted to the Ministry of Justice, the Prison and Probation Service, for a decision.

§ 11. A remand prisoner placed in custody and after any conviction can be expected to be transferred to the enforcement of a custodial sentence in another Nordic country under the rules of the Ministry of Justice Circular no. 220 of 16 December 1963 on cooperation with Finland, Iceland, Norway and Sweden concerning the enforcement of sentences, etc., can be transferred to Copenhagen Prisons when the investigation in the criminal case is essentially complete.

PCS. 2. Transfer under paragraph. 1 requires the consent of the detainee.

PCS. 3. Decisions on transfers under paragraph. 1 taken by the head teacher or the person authorized to do so by agreement with Copenhagen Prisons.

Chapter 5

Placement in custody


§ 12. After the Judicial Code § 770, paragraph. 2, point 2., Can placement of remand prisoners outside of detention done for health reasons or in the Administration of Justice § 777.

PCS. 2. After the Judicial Code § 777, a remand prisoner placed in an institution for people who undergo, imprisonment or detention, or hospital, etc., see. Penal Code §§ 68 and 69 if the person himself, the prosecution and the institution's management agrees. If health concerns or interests of others' safety so requires, the court may exceptionally approve such placement without the prisoner's consent. The institution is treated voluntarily transferred remand prisoner by the rules that apply to persons who are placed there under the judgment while forcibly transferred remand prisoner under the rules of remand prisoners, to the extent order and security in the institution makes it possible. The detainee shall not without the court's approval to leave the institution, except in cases provided for in the Judicial Code § 771, paragraph. 2.

PCS. 3. A remand prisoner who is placed in detention institution for the Judicial Code § 777, second paragraph., Did not work duty, but should be offered employment.

§ 13. Transfer according to § 12 paragraph. 2, must be done where possible to the institution where the detainee is likely to be placed if the person has been convicted on påsigtede crime.

§ 14. Being raised the question about placement in custody pursuant to § 12 paragraph. 2, the question of transfer in accordance with the procedure in the Judicial Code § 777 of the institution's leader or the person authorized to do so if the transfer occurs to

1) hospital, etc., or

2) Herstedvester.

§ 15. In cases not covered by § 14, or if the institution leaders disagree on the placement, shall submit to the institution's leader or the person authorized to do so, the question of shipments of Justice, the Prison and Probation Service.

PCS. 2. submission to the Directorate finds § 16 shall apply accordingly.

§ 16. Upon transfer to prison center according to § 12 paragraph. 2, ensure that the institution requested to receive the detainee has information about the content of the following material to the extent that it exists:

1) Personal Study, see. ZPO § 808.

2) Opinions on previous stays in prison center.

3) Statements about the course of the periods under supervision.

4) Opinion of the head of custody.

5) Indictments some explanation of the påsigtede crime in the criminal proceedings that have given rise to provisional detention.

Chapter 6

Placing in or transfer to Western Hospital

§ 17. Placing in or transfer to Western Hospital can be done for health reasons, and if admission to regular hospital is dangerous from

1) safety,

2) the investigation or

3) varetægtsarrestantens conditions.

PCS. 2. Placing in or transfer to Western Hospital may also happen if the detainee can not be received on ordinary hospital due to lack of space.

§ 18. Decision on placement in or transfer to the Western Hospital in § 17 shall be taken by the head teacher or the person authorized to do so by agreement with Copenhagen Prisons. If there is disagreement between the prison and Copenhagen Prisons whether transfers should be made, submitted to the Ministry of Justice, the Prison and Probation Service, for a decision.

PCS. 2. The head of the institution or the person authorized to do so, send motivated setting accompanied by a declaration from the prison doctor (prison doctor) to Copenhagen Prisons. If the situation calls for immediate shipment, the matter by telephone for the head of the Copenhagen Prisons, possibly after discussion between prison physician (prison doctor) and consultant at the Western Hospital.

PCS. 3. When the head of the Copenhagen Prisons or the person authorized to do so, has decided for removal from the Western Hospital, it is for the institution from which the transfer to the Western Hospital has happened, to make sure that the reversal takes place as soon as possible.

Chapter 7

Temporary transfer to the Herstedvester

§ 19. Temporary transfer to the Herstedvester can happen if the detainee

1) need of psychiatric assistance

2) can not be admitted to a psychiatric hospital or similar

3) consents to transfer and


4) In this context agrees that the placement in the community at work, education and leisure presupposes that the agree as regards the possession of cash to be subject to the rules applicable to inmates in closed prisons.

PCS. 2. If the detainee is isolated under procedural law, may transfer under subsection. 1 only with police consent.

PCS. 3. The stay in Herstedvester can not be used for observation for use in criminal proceedings.

§ 20. Decision on transfer to Herstedvester according to § 19 shall be taken by the head teacher or the person authorized to do so, in agreement with Herstedvester. If there is disagreement between the prison and Herstedvester whether transfers should be made, submitted to the Ministry of Justice, the Prison and Probation Service, for a decision.

PCS. 2. The head of the institution or the person authorized to do so, send motivated attitude, accompanied by a statement from the prison doctor (prison doctor) to Herstedvester. If the situation calls for immediate shipment, the matter by telephone plant.

PCS. 3. When the manager of Herstedvester or the person authorized to do so, has decided for removal from the plant, it is for the institution from which the transfer Herstedvester happened, to make sure that the reversal takes place as soon as possible.

Section III

Varetægtsarrestanters rights and obligations during the stay in the institution

Chapter 8

Guidance and Planning

§ 21. A remand prisoner shall as soon after being placed in the institution guided by the Commission of its rights, duties and other matters during their stay in custody.

Chapter 9

Advice

§ 22. A remand prisoner shall comply with instructions given by staff of the institution in the performance of the institution's tasks referred. Penal Enforcement Act § 32.

Chapter 10

Community

§ 23. A remand prisoner who is isolated under procedural law must as far as possible have access to association with other inmates under the rules of the Executive Order on prisoners' access to community, etc. with other inmates in the Prison Institutions (Community Order).

Chapter 11

Medindflydelse

§ 24. Remand prisoners who are not insulated under the Administration of Justice, must be able to influence their lives in the institution through elected spokesmen for executive order on the implementation of influence for inmates in the Prison Institutions (spokesperson Order).

Chapter 12

Participation in worship, etc.

§ 25. A remand prisoner who is isolated under procedural law, has the right to attend services held in the institution. If order and security so requires, the head of the institution or the person authorized to do so, however, refuse certain remand prisoners to participate in worship and limit the number of participants. If it is decided to limit the number of participants, the remand prisoners whenever possible instead be allowed to attend the service via electronic media.

PCS. 2. A remand prisoner has the right to talk with a priest or the like from its religious communities, unless the police for reasons of detention purposes objects.

Chapter 13

Individual objects and money

§ 26. A remand prisoner has the right to pick up, hold and dispose of own objects and money in the institution by executive order on prisoners' access to pick up, hold and dispose of own items and money in the Probation institutions (subject Order).

Chapter 14

Publishing leaf

§ 27. Remand prisoners have the right to publish magazines by executive order on prisoners' release of leaf in Probation institutions.

Chapter 15

Work and education etc.

§ 28. A remand prisoner has no employment obligation, but must be offered employment under the rules of the Executive Order on employment, etc. of inmates in the Prison Institutions (Employment Regulation).

Chapter 16

Spare time

§ 29. A remand prisoner must as far as possible even undertake practical tasks related to its conditions, including eg cleaning of their own living rooms and washing their clothes.

PCS. 2. The institution shall so far as to offer remand prisoners leisure activities.


PCS. 3. A remand prisoner has the right to a day to spend at least one hour in the open air, unless this would be incompatible with the institution's handling of security considerations or the detainee is placed in solitary confinement after the Judicial Code § 775, paragraph. 2, see. Penal Enforcement Act § 66.

Chapter 17

Charitable works assistance

§ 30. The institution shall guide and assist a remand prisoner to restrict the commercial, social and personal disadvantages resulting from the custody of the stay.

PCS. 2. The institution shall, in respect of its business in accordance with paragraph. 1 arrange contact with persons, institutions and authorities that other legislation may provide assistance.

Chapter 18

Health care

§ 31. A remand prisoner has the right to medical treatment, including call their own doctor and other health assistance by executive order of medical assistance to inmates in the Prison institutions.

Chapter 19

Treatment

§ 32. A remand prisoner has the right to free treatment for drug addiction, unless he is not deemed fit and motivated for treatment.

PCS. 2. Treatment for drug addiction should as far as possible be implemented within 14 days after the detainee upon request to the Prison Service.

Section IV

Varetægtsarrestanters contact with the community outside the institution

Chapter 20

Output

§ 33rd After the Judicial Code § 771, paragraph. 2, the institution's management with police consent provide a remand prisoner curfew with companion for a shorter period, when special circumstances.

§ 34. Consent obtained from the chief of police, hearing the criminal case.

PCS. 2. In urgent cases, police consent obtained by telephone.

§ 35. Decision on authorization for the output taken by the head teacher or the person authorized to do so. In determining the risk of abuse to be considered.

PCS. 2. It is generally a prerequisite for starting the detainee provides adequate documentation of the circumstances justifying the end.

§ 36. In assessing the risk of abuse, it should be of special concern, if the detainee

1) has been accused or convicted of violent crimes, including arson or other general serious crime, coarser violent or sexual crime, acquisitive crime associated with violence or threat of violence or otherwise offenses of aggravated or professional nature

2) during the stay has escaped or tried this,

3) during the stay committed offense

4) during the stay have misused a permit to exit, or

5) during a previous stay in the Prison institutions committed acts referred to in nos. 2-4, without the conditions for unaccompanied output was later found met.

§ 37. The output must always be done with escorts, see. § 33.

§ 38. Output is given for a shorter period of time under. § 33. The output can not be given for longer required for the purpose, and will not normally exceed one day out of the travel time.

PCS. 2. Is the output of exception given for more than one day, the night take place in custody. The agreement for this must first be taken with the institution.

§ 39. Expenses for travel, accommodation and spending money held by the detainee.

PCS. 2. Grants may be awarded for travel under rules set by the Ministry of Justice, the Prison and Probation Service.

Chapter 21

Visit etc.

The right to visits etc.

§ 40. A remand prisoner has with the limits imposed by §§ 42-45, the right to visit as often as conditions allow. A remand prisoner is always right to receive visits from his lawyer, see. ZPO § 771, paragraph. 1, last point.

PCS. 2. Derskal given detainee opportunity as soon as possible after admission to notify his next of kin in order to receive their visit under the provisions of this chapter.

PCS. 3. The head of the institution shall lay down rules on visits agree settlement.

§ 41. Visiting hours shall be no less than half an hour. Longer visits should be allowed to the extent that circumstances permit.

PCS. 2. Remand prisoners who are isolated for law provision should be allowed extended visits, see. § 81.


PCS. 3. Visit a varetægtsarrestants defender and visit to a foreign remand prisoner of diplomatic and consular representatives from their home country does not limit in time the possibility of other visits.

Prohibition visit

§ 42. After the Judicial Code § 771, paragraph. 1, the police for reasons of detention purposes oppose the detainee receives visits. The detainee may demand that police refused visits submitted to the court, see. § 96.

§ 43. The head of the institution or the person authorized to do so, may prohibit visits by specific individuals, and granted permission to visit may be withdrawn if this in individual cases is found necessary for order and security reasons.

PCS. 2. When an application for permission to visit rejected, or a visit authorization, appropriate note will be told why.

Attended visit

§ 44. Administration of Justice Act § 771 paragraph. 1, the police for reasons of detention purposes demand that the visit should take place under control (attended visits). The detainee may demand that police require checks submitted to the court, see. § 96.

§ 45. The institution attends generally do not visit. If, in each case based on order and security required, the head of the institution or the person authorized to do so, decide that visits must be carried out in the presence of staff in the institution.

PCS. 2. During the visit, which will be attended by staff of the institution may require that the conversation must be in a language which the person who attends the visit, understand. If conditions so warrant, used an interpreter.

Stopping visit

§ 46. Visits may be interrupted if in individual cases is found necessary for order and security.

Visit Permit etc.

§ 47. Visit requires that the visitor obtains prior authorization from the institution to visit the detainee.

PCS. 2. Paragraph. 1 may be waived if the circumstances of the individual case so warrant.

PCS. 3. Before permission to visit a remand prisoner communicated shall make use of the case generally obtained information on the applicant in Central Criminal Register.

Subsection 4. Obtaining information from the Central Criminal Register in accordance with paragraph. 3 can only happen if the applicant has given its written consent. The institution must advise the applicant that it is a condition for granting permission to visit, that the consent to the acquisition of information from the Central Criminal Register.

§ 48. The head of the institution can, taking into account the characteristics of each institution and to the extent order and security considerations, impose restrictions on the number of people who can simultaneously

1) be approved visitors to a remand prisoner, and

2) visit the premises of the detainee.

§ 49. Visit premises must as far as possible be designed in such a way to create a natural and friendly visits atmosphere.

Items carried, etc.

§ 50. The head of the institution can, taking into account the characteristics of each institution and to the extent that good order and security considerations, set restrictions on what items visitors are allowed to carry or possess during the visit. Head of the institution can lay down that the visitors should not bring items that are difficult to study, and other items that it is not the inmates allowed to have in the institution, cf.. Rules of object Order and regulations issued under this.

PCS. 2. Cell phones and similar communication devices and accessories, etc. thereto are not allowed during visits. This does not apply if the visitor is varetægtsarrestantens defender, and the defender during the visit presents the communication equipment provided to staff and possible. let it register.

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

§ 51. It is a condition for permission to visit, the visitors leave items carried investigate and bring photo identification.

PCS. 2. The condition that the visitors bring photo identification, can be waived if the particular circumstances of the individual case so warrant.

Examination of visitors


§ 52. It is a condition for permission to visit the visitor after the institution's request to be examined according to the rules of the Executive Order on access to visits, etc. for prisoners who undergo, imprisonment or detention in the Prison Institutions (visit Order).

Visit of children

§ 53. Visit of children can usually only be made when accompanied by an adult.

PCS. 2. Visit of children can usually only take place with the consent of the custodial parent. In cases where the parents have joint custody, it must in each case be considered whether the consent of both parents.

Varetægtsarrestanters access to have her baby with her in custody

§ 54. A remand prisoner has the right to have his child under 1 year with him in custody if the detainee himself is able to care for the child.

PCS. 2. If this is the best for the child, and the exceptional circumstances of the individual case so warrant, a remand prisoner be allowed to keep the child with her in the institution for a limited period, after the child turns 1 year.

§ 55. Permission to have her baby with her in the institution requires

1) that the detainee has given consent to hear the opinion of the social services about whether stay in the institution consistent with the interests of the child,

2) that the social authorities will stay at the institution consistent with the interests of the child, and

3) that there are other circumstances that give reason to believe that the detainee can not care for the child in the institution.

PCS. 2. Permission to have her baby with her in the institution can be granted without obtaining the opinion of the social authorities if

1) The particular circumstances of the individual case justify it,

2) there are no circumstances that give reason to believe that the detainee can not care for the child in the institution, and

3) the detainee has previously given consent to the institution shall notify the social services that the child stays with the detainee in the institution.

Remand prisoners with little contact with the outside world

§ 56. It is in custody continuously be aware of whether the institution is remand prisoners who have little connection with the outside world.

PCS. 2. In respect of remand prisoners, who have little connection with the outside world, it is for the institution to contribute to varetægtsarrestantens incommunicado increases, as far as possible and to the extent that it is based on safety and public order considerations are soundly.

§ 57. Institutions that are affiliated to a system of voluntary visitors (regular visitor) In relation to remand prisoners who have little connection with the outside world, consider whether that can be communicated visit of suitable persons as aides. This applies only to the extent that it is compatible with the limitations that police acting in accordance with the Judicial Code § 771, paragraph. 1.

§ 58. Visit The friend must be approved by the institution. Approval can only happen when

1) visit his friend previously approved by the Ministry of Justice, the Prison and Probation Service,

2) visit his friend in writing consented only to inform the institution of factors that may affect the detainee if it agrees to it,

3) visit his friend in writing consented not without institution manager's consent to receive any of the detainee or engage with it in matters relating to buying, selling, renting or the like, and

4) visits his friend has declared on confidentiality, see. § 60, no. 2

§ 59. The institution shall guide the detainee that the regular visitors are not covered by the secrecy of the Penal Code § 152 and will only be payable on the confidentiality of information which the institution provide to the visitors after § 60. Guidance for this to happen before visits implemented and before the consent according to § 60, no. 1, the transmission of information to visit his friend.

§ 60. Visit The friend must be properly informed of varetægtsarrestantens conditions. Disclosure of information to visit his friend can only happen if

1) the detainee in writing consents to his extradition and

2) Institution for Public Administration § 27 paragraph. 3 imposes visit his friend secrecy of the confidential information disclosed.

Chapter 22

Correspondence

The right to correspondence etc.


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

§ 62. Administration of Justice Act § 772 paragraph. 1, the police may peruse the letters before receiving or sending. The police shall be informed promptly give or send letters, unless the content could be detrimental to the investigation or the maintenance of order and security in custody. If the police detain a letter, the question whether detention should be maintained immediately submitted to the court, see. § 97.

§ 63. The institution opens and closes without a court order letters to and from remand prisoners in order to prevent entry and smuggling. This may be waived when, in each case deemed appropriate from a security and good order. Opening and closing is done in varetægtsarrestantens the sight except in cases covered by paragraph. 2.

PCS. 2. Reading the letters to and from the detainee may only be made if the institution is deemed necessary in order and security.

PCS. 3. A letter after reading the order and security should not be sent or handed over to the police.

PCS. 4. When the institution of giving a letter to the police after paragraph. 3, the Code of Civil Procedure § 772, paragraph. 1 shall apply.

§ 64. When the institution according to § 63 paragraph. 2, a decision reading of a letter without the letter according to § 63 paragraph. 3, surrendered to the police, the detainee made aware of the decision perusal. Orientation of the detainee need not be in until 4 weeks to the extent that the purpose of the reading would otherwise be wasted.

PCS. 2. There must be a note on the reasons for the decision and the result of the reading. It is also stated in the note that that decision is directed against is informed of the possibility of appeal to the Minister of Justice.

§ 65. Remand prisoners bear the cost of stationery, envelopes and postage, see. However, § 71. For remand prisoners, who are neither paid self amounts, income from own work or receive government allowance for maintenance, handed letterhead and envelopes of the institution.

PCS. 2. The institution may supply stationery and envelopes as well as holding postage expense, if under special circumstances.

PCS. Third Letterheads and envelopes supplied by the institution, shall not bear the stamp or mark indicating that the composer was staying in an institution under the Prison and Probation Service. By institution dispatch of letters to and from remand prisoners must take the necessary confidentiality.

PCS. 4. Letters must be handled without undue delay. Untried prisoner shall be informed of the time of normal post shipment. When a decision is made that the reading must take place, the detainee should note that the very extensive correspondence may result in delay of postal services.

Specific rules on correspondence with public authorities, etc.

§ 66. Administration of Justice Act § 772 paragraph. 2, a remand prisoner the right to uncontrolled exchange of letters with the court, defense counsel, attorney, director of the Prison Service and the Parliamentary Ombudsman.

PCS. 2. In addition to in paragraph. 1 mentioned cases, a remand prisoner the right to uncontrolled correspondence with courts, Procesbevillingsnævnet, the prosecutors and the police, the European Court of Human Rights, the European Committee against Torture, the UN Human Rights Committee and the UN Committee against Torture.

PCS. 3. In addition to in paragraph. 1 and 2 above, authorities, etc. have a remand prisoner the right to uncontrolled correspondence with other public authorities and members of parliament.

PCS. 4. A foreign remand prisoner also have the right to uncontrolled exchange of letters with the home country's diplomatic or consular agents unless the police for reasons of detention purposes opposes it because of exceptional circumstances. If the police have established post control by the Judicial Code § 772, paragraph. 1, sent letters through the police.

§ 67. Letters to the authorities, etc., mentioned in § 66 paragraph. 1 and 2 may not be opened.

PCS. 2. Letters from in paragraph. 1 said authorities etc. Do not open if it is considered certain that the letter comes from the specified sender. Any opening will be in varetægtsarrestantens the sight.

§ 68. Letters to the authorities, etc., mentioned in § 66 paragraph. 3 and 4, delivered to staff in the open position and closed in varetægtsarrestantens the sight after checking the envelope's contents.


PCS. 2. Letters from in paragraph. 1 said authorities etc. Do not open if it is considered certain that the letter comes from the specified sender. Any opening will be in varetægtsarrestantens the sight.

PCS. 3. In cases where varetægtsarrestantens other correspondence reviewed by the police, the letters to members of parliament submitted with the cover letter. It takes the form df. 39, available from the Nyborg State Prison.

§ 69. Letters to a public authority or an individual who detainee according to § 66 have the right to correspond, uncontrolled with, must be addressed to that authority or person. Letters to the public authorities should be addressed to the relevant public institution and not to one there employed person.

§ 70. If there is reasonable doubt as to whether a sent letter emanating from a public authority, etc., within the scope of § 66, the institution may contact the appropriate authority, etc. in order to determine whether the letter is derived from this, or return letter to the specified sender to confirm that the letter comes from this.

PCS. 2. Letters exchanged between a remand prisoner and public authorities, etc., which the detainee according to § 66 are entitled to uncontrolled exchange of letters, should not be read or detained, but can be screened by custody in order to prevent smuggling.

§ 71. The institution will provide stationery and envelopes as well as organizing postage costs for letters to those in § 66 said authorities etc.

Chapter 23
Telephone calls


§ 72. If the connection through correspondence not without significant inconvenience to await and to the extent practicable, a remand prisoner be allowed to carry phone calls, see. However paragraph. 2 - 5.

PCS. Second Police may for reasons of detention purposes oppose that a remand prisoner transfer telephone calls.

PCS. 3. The head of the institution or the person authorized to do so, may deny a remand prisoner telephone conversations, if this is deemed necessary by the order and security.

PCS. 4. Telephone calls is heard or listened to without a court order of staff in custody, unless this is deemed necessary in paragraph. 3 reasons mentioned. If the phone call is heard or listened to, the conversation the parties first be made aware of this. Decision on ears of or eavesdropping taken by its leader or the person authorized to do so,

PCS. 5. For phone calls, there is heard or listened to by staff of the institution may require that the conversation must be in a language which the person who shall hear or listen conversation, understand. If conditions so warrant, used an interpreter.

§ 73. Requests to lead telephone conversation with the defender met in general.

PCS. 2. A varetægtsarrestants telephone conversations with defense counsel is heard or listened not.

§ 74. Telephone calls can be interrupted if in individual cases is found necessary for order and security.

§ 75. Remand prisoners bear the cost of telephone calls.

PCS. 2. If the special circumstances of the individual case so warrant, may, notwithstanding the provision of paragraph. 1 allowing a remand prisoner to lead phone call for the institution's expense.

§ 76. The head of the institution may, depending on the characteristics of each institution set rules on the practical implementation of varetægtsarrestanters right to telephone conversations, including restrictions on the frequency and duration of phone calls, taking into account the human resources needed for performance would hear or to listen to the conversations.

Chapter 24

Newspapers, books, etc.

§ 77. A remand prisoner shall have the opportunity to keep informed by reading newspapers and through radio and television broadcasts, etc.

PCS. 2. Remand prisoners who stay in institutions where in accordance with the Penal Enforcement Act § 58 are set up with loans of books and journals through the public library system, should as far as possible have access to avail of these arrangements.

PCS. 3. Foreign remand prisoners should as far as possible have access to newspapers, magazines, books, etc. in their own language.

Chapter 25

Contact for media

§ 78. A remand prisoner who is not isolated after the court's determination, have the right to the institution to comment and in that context to be photographed to the media after the executive order on access to media contact for inmates in the Prison institutions.


PCS. 2. Police may for reasons of detention purposes oppose that a remand prisoner will be allowed to speak and in this context be photographed for the media.

PCS. 3. Before granting remand prisoner permission to speak and in this context be photographed for the media, obtained a statement from the police.

Chapter 26

Special offers for remand prisoners who are isolated for law provision

Instructions, staff contact etc.

§ 79. Remand prisoners who are isolated for law provision shall be instructed in detail about the special rights and offers that under the rules 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 continuously pay special attention to whether isolated remand prisoners have a need for increased staff contact, supervised by a doctor, including a psychiatrist, expanded access to visits, etc. Particularly in relation to remand prisoners, as subject to prolonged isolation, it is for the staff to be aware that this need increases with the duration of isolation.

PCS. 2. Remand prisoners under 18 years who by court order has been isolated in a continuous period of more than 4 weeks, and remand prisoners aged 18 or over, as the court provision has been isolated in a continuous period of more than 6 months must be out of the activities arising from §§ 81-83, offered at least a further 3 hours of daily activation of person contact.

PCS. 3. The head of the institution or the person authorized to do so must one weekly, in cooperation with the detainee draw up a plan for their activation under paragraph. 2.

Free TV

§ 80. Remand prisoners who are isolated by court order, must have televisions provided free of charge.

Visit etc.

§ 81. Remand prisoners who are isolated for law provision should be allowed to visit at least once a week. Visiting hours shall be no less than 1 hour. Longer visits should be allowed to the extent that circumstances permit.

§ 82. Remand prisoners who have been isolated by court order in more than 14 days, under continued isolation offered regular and prolonged conversations with such priest, doctor or psychologist.

Occupation

§ 83. Remand prisoners who have been isolated by court order in more than 14 days, under continued isolation offered special access to individual instruction and work, including other approved activity, which can help reduce the particular strain and risk of disruption in the mental health, which is connected to the insulation.

Section V

Intervention against the remand

Chapter 27

Study of varetægtsarrestantens person and living

§ 84. The institution may examine the items for a remand prisoner has in his possession in his living room or on his person by executive order on the investigation of prisoner person and living in Probation institutions (examination order).

Chapter 28

Magtanvendelse

§ 85. The institution can use force against a remand prisoner under the rules of order regarding the use of force against inmates in prisons and detention centers (force Order).

Chapter 29

Exclusion from community

§ 86. The head of the institution or the person authorized to do so, may exclude a remand prisoner from association with other inmates under the rules of the Executive Order on the exclusion of prisoners from the community, including placement in the observation cell, etc., in prisons and detention centers.

Chapter 30

Instruments of

handcuffs

§ 87. Handcuffs can be used against a remand prisoner under the rules of the Judicial Code § 775, paragraph. 2, see. Penal Enforcement Act § 65, and order on the use of security agents in prisons and detention centers.

Securing Cell

§ 88. After the determination of the head teacher or the person authorized to do so, a remand prisoner placed in solitary confinement and including tvangsfikseres under the rules of the Judicial Code § 775, paragraph. 2, see. Penal Enforcement Act § 66, and order on the use of security agents in prisons and detention centers.

Section VI

Disciplinary punishment, confiscation and offsetting of compensation

Chapter 31
Disciplinary punishment



§ 89. A remand prisoner can the head of the institution or the person authorized to do so, shall be liable to disciplinary action under the rules of the Executive Order on protruding in criminal cell, using interrogation cell and processing of disciplinary proceedings in prisons and detention centers (disciplinary order).

PCS. 2. By orders of a disciplinary punishment in the form of punishment cell, the duration for a maximum period of 2 weeks, see. ZPO § 775, paragraph. 1, point 1.

Chapter 32

Please check Cell

§ 90. A remand prisoner can be placed in the interrogation cell under the rules of disciplinary order.

Chapter 33

Confiscation

§ 91. Confiscation of a remand prisoner can only happen if this declares without legal adoption of confiscation under the rules of the Executive Order on extrajudicial adoption of confiscation.

PCS. 2. Cases of confiscation remand prisoners are treated in accordance with the Executive Order on the treatment of cases of confiscation of Probation institutions (Confiscation Order).

Chapter 34

Offset compensation

§ 92. If the detainee during their stay in custody has caused damage to the institution's things at a tortious conduct, the institution may decide that the amount of compensation shall be credited against the prisoner's remuneration for employment if the detainee gives consent.

PCS. 2. Cases for compensation of damages against remand prisoners are treated in accordance with the Executive Order on the handling of cases for compensation of damages to the inmates of the Prison Institutions (offsetting Order).

Section VII

Compensation for interventions

Chapter 35

Compensation on the occasion of interventions during the stay in custody etc.

§ 93. Questions relating to compensation for remand prisoners on the occasion of interventions during the stay in custody are treated according to the rules on compensation in connection with criminal proceedings in the Administration of Justice Chapter 93 a and Order on the processing of claims from inmates in the Prison institutions in respect of an involuntary action.

Section VIII

Appeals etc. and commencement

Chapter 36

Appeals Rules etc.

§ 94. The decisions may be appealed to the Minister of Justice.

PCS. 2. An appeal to the Minister of Justice does not have suspensive effect unless the person who made the decision or the Minister of Justice decide.

§ 95. Administration of Justice Act § 778 submitted varetægtsarrestanters complaints against prison staff conduct to the appropriate warden (arrest Inspector) or the Prison and Probation Service. If the complainant has not been upheld, or if no final decision within two weeks after submission, may be brought to justice.

PCS. 2. The Court may refuse to conduct an investigation if the complaint is clearly unfounded if it is a relationship immaterial, or if it is submitted more than 4 weeks after the fact, as the complaint relates took place.

PCS. 3. When the investigation is complete, give the court a statement, sent to the complainant, the complaint relates and the warden (arrest inspector) and the Prison and Probation Service.

§ 96. After the Judicial Code § 771, paragraph. 1, the detainee demand that police refusals of visits or require checks of visits submitted to the court.

§ 97. After the Judicial Code § 772, paragraph. 1, the question whether detention by the police a letter to or from a remand prisoner must be maintained, immediately submitted to the court.

§ 98. If the police after the Judicial Code § 770 provides that, for reasons of detention purpose to make other limitations in a varetægtsarrestants rights, the detainee by the Judicial Code § 773 require the issue of maintenance of the restrictions presented to the court for decision.

Chapter 37

Entry into force

§ 99. This Order shall enter into force on 18 April 2012.

PCS. 2. Order no. 544 of 27 May 2011 on the stay in custody repealed simultaneously.

Justice, 12 April 2012
Morten Bødskov
/ William Rentzmann