Law Amending The Criminal Enforcement Code And Court Fees Act (Revision Of The Penalty Enforcement Law, Etc.)

Original Language Title: Lov om ændring af straffuldbyrdelsesloven og retsafgiftsloven(Revision af straffuldbyrdelsesloven m.v.)

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Law amending the criminal enforcement code and court fees Act

(Revision of the penalty enforcement law, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

Of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 1162 of 5. October 2010, as amended by Act No. 183 of 8. March 2011, shall be amended as follows: 1. In article 23, paragraph 2, no. 6, the words ' or '.

2. In article 23, paragraph 2, no. 7, shall be replaced by '. ' to: ', '.

3. In article 23, paragraph 2, be inserted as nr. 8 and 9: ' 8) in order to avoid that the condemned man is serving in an institution in cases where the offender has committed a criminal offence against a staff member serving in the institution, or its allied, or 9) if the interests of law enforcement or other special circumstances justified. '

4. section 35 (1), (2). paragraph, shall be repealed, and replaced by:

» If the code of conduct-or safety considerations so require, the institution's head or the one who is empowered to do so, however, deny certain inmates access to participate in religious services and limit the number of participants. If it is decided to limit the number of participants, those inmates instead, as far as possible, be allowed to attend the service via electronic media. '

5. In article 42, paragraph 2, the words ' paragraph 3 ': ' paragraph 4 ';

6. In section 42 shall be inserted after paragraph 2 as new paragraph: "(3). An inmate, who does not have a duty to work, see. section 38, paragraph 2, and which makes the desire of employment at a time when the institution does not offer employment, in a shorter period alone have covered his personal necessities if the inmates earlier under penalty udståelsen has rejected the offer of employment. '

Paragraph 3 becomes paragraph 4.

7. In article 42, paragraph 3, which becomes paragraph 4, insert as 2. item:

» Who can also lay down rules about the scheme referred to in paragraph 3. ';

8. In article 45, paragraph 3, 1. paragraph, the words ' the patient complaints board ' to: ' Patient at work '.

9. In paragraph 50, 3. paragraph, the words ' after starting abuse ' to: ', if permission to exit refused due to risk of abuse, see. section 46 (1) (8). 2, or if permission to exit revoked due to abuse or danger arises, see. section 49, no. 1 and 2, '.

10. In article 54, paragraph 1, the words ' under 3 years ' to: ' under 1 year '.

11. In section 54 shall be inserted after paragraph 1 as new paragraph: "(2). An inmate is entitled to have his child over the age of 1 year, but not 3 years, with one in the institution, if the inmates themselves are able to take care of the child and the institution and the social authorities consider that the conditions in the institution are compatible with the interests of the child. '

Paragraph 2 becomes paragraph 3.

12. section 57, paragraph 3 is replaced by the following: ' (3). In closed institutions are absorbed, påhøres or intercepted phone conversation without a court order, unless that is not found necessary by the terms referred to in paragraph 2. If the conversation is recorded, påhøres or intercepted, should be made aware of this prior parties conversation. Recordings of telephone conversations will be deleted no later than 6 months after they are made. '

13. In section 57 shall be inserted after paragraph 3 as a new paragraph: "(4). Telephone conversations with those in section 56 (1) of the said persons and authorities, etc. are absorbed, påhøres or intercepted not. '

Paragraph 4 becomes paragraph 5.

14. In article 57, paragraph 4 which becomes paragraph 5, insert as 2. item:

» Who can also lay down rules on the recording of telephone conversations pursuant to paragraph 3 and to the control of the footage. '

15. In article 60, paragraph 1, shall be inserted after ' Directorate of Probation and the institution can ' means ' without court order '.

16. In section 60, paragraph 8, shall be inserted after ' the institution ' and after ' there, ' means ' without court order '.

17. In article 63, paragraph 1, no. 2, the words ' necessary in order to implement a common health control or prevent infection ' is: ' to prevent infection '.

18. In section 63 shall be inserted after paragraph 1 as new paragraph: "(2). The institution's head or the entitled thereto, may exceptionally exclude an inmate from fellowship with other inmates for up to 5 days if it is necessary in order to protect inmates from harm. '

Paragraph 2-7 becomes paragraph 3-8.

19. In article 63, paragraph 4 which becomes paragraph 5, the words ' can it be determined ' to: ' Directorate of Probation may determine '.

20. In section 63 shall be inserted after paragraph 7, which becomes paragraph 8, as new paragraph: "(9). Exclusion from the Community shall not exceed 3 months. Directorate of Probation may, however, take a decision on the exclusion from the community for more than 3 months, if there are exceptional circumstances. Where applicable, paragraph 8, 2. paragraph, apply mutatis mutandis. '

Paragraph 8 will be hereafter referred to paragraph 10.

21. section 74, paragraph 1 1. paragraph is replaced by the following:

' Where the inmates under execution by the tortious conduct has caused damage to items belonging to one of the prison institutions, the institution where they are deployed, provide that the amount of compensation shall be set off against the prisoner's consideration for employment under section 42 (1). ';

22. In section 106 shall be added as paragraph 3: ' (3). A convicted who involuntarily have settled too much community service, are entitled to compensation in accordance with the rules in the code of civil procedure section 1018 (a). ' 23. In § 112, no. 9, shall be inserted after ' punishment cell ': ' for more than 7 days '.

24. section 125 should be repealed.

§ 2

The law on court fees, see. lovbekendtgørelse nr. 936 of 8. September 2006, as amended, inter alia, by section 2 of Act No. 487 of 12. June 2009 and at the latest by the law No. 614 of 14. June 2011, shall be amended as follows: 1. In article 12, paragraph 1, insert after no. 6 as a new number: ' 7) review of final administrative decisions pursuant to section 112 of the law on the enforcement of sentences, etc., '.

No. 7 and 8 is then no. 8 and 9.

2. In article 51, paragraph 1, the words ' no. 1-6 ' to: ' no. 1-6 and 8 '.

3. In paragraph 55, nr. 1, the words ' no. 1-6 ' to: ' no. 1-8 '.

§ 3 the law shall enter into force on the 1. April 2012.

§ 4 paragraph 1. The law does not apply to the Faroe Islands and Greenland.

(2). § 1 may by Royal Decree be set wholly or partially in force for Faroe Islands with the changes that the Faroese conditions warrant.

Given at Amalienborg, the 3. February 2012 Under Our Royal hand and Seal MARGRETHE r./Morten Bødskov