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Notice Of Release Of Sentenced, That Udstår Imprisonment (Release Announcement)

Original Language Title: Bekendtgørelse om løsladelse af dømte, der udstår fængselsstraf (løsladelsesbekendtgørelsen)

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Table of Contents
Section I Sentenced tenor of prison sentence in one of the institutions of the Criminal Order, or pursuant to the Enforcement Act, posted to or placed in an institution outside the criminal institution ;
Chapter 1 Parole
Chapter 2 The release date
Chapter 3 Competence
TITLE II Contributed penalties on the place of residence under intensive surveillance and control after the Enforcement Act of Chapter 13 of the Enforcement Act
Chapter 4 Competence
Chapter 5 Parole in accordance with Penal Code Section 38 (3). 1
Chapter 6 Parole in accordance with Penal Code Section 38 (3). 2, and § 40 a
Chapter 7 The release date
TITLE III Final provisions
Chapter 8 The entry into force, etc.

Appeal to the release of sentenced prisoners (release notice)

Purline Section 79 (2). Two, section 80, paragraph. 2, section 89, paragraph. 2, and section 111 (1). 4, in the Act of the Enforcement of Retribution, etc., cf. Law Order no. 435 of 15. The following may be set :

Section I

Sentenced tenor of prison sentence in one of the institutions of the Criminal Order, or pursuant to the Enforcement Act, posted to or placed in an institution outside the criminal institution ;

Chapter 1

Parole

Time of consideration, decision and reopening of the question of the release of the sample

§ 1. Statement on release on the test of the penal code section 38. Paragraph 1, or section 41 (1). 1, shall be taken four weeks before the parole date, unless it is not possible to do so for specific reasons.

§ 2. The release of the test shall, however, be carried out in accordance with the provisions of Article 80 (3) of the penalty. 1, in any case, shall be taken at such a time as to be released on the test of the penal code ;

1) § 38, paragraph. 1 may take place immediately after the release of two-thirds of the period of time ; and

2) § 41, paragraph. 1, may be immediately after the execution of 12 years of the sentence in prison for life.

§ 3. When probation for the Penal Code, section 38 of the penal code. Paragraph 1, or section 41 (1). First of all, the institution must reconsider the issue of the issue of the issue of the release of probation, if at a later date it must be assumed that the conditions for the release of the parole are present.

§ 4. When probation for the Penal Code, section 38 (4), First of all, it is the institution of the institution to review the issue of the issue of the release of the parole, when an inmate,

1) in the case of a prison sentence for eight years after the denial has been a further 3 months of the sentence, or

2) in the case of a prison sentence for eight years or longer time-to-term prison sentence, after the denial has been further six months of the sentence.

Paragraph 2. When probation for the penal code section 41 (4). Paragraph 1 shall be subject to the institution of the institution to review the issue of the issue of the release of the release, in order to take a position on the issue of the release of the parole no later than 1 years after the refusal, cf. Section 80 (5) of the sentence of the sentence. 2.

Paragraph 3. When a paroy is restored to the release of the remaining penalty, paragraph 1 shall apply. 1 and 2 and 3 similar uses.

Consultation, etc.

§ 5. Before a decision is taken on the release of the sample, information shall be obtained on any pending criminal proceedings against the inmate from the Central Criminal Register. In the case of information concerning a pending criminal proceedings which is not due to be concluded before the parole date, the institution shall collect the details of the nature and extent of the criminal proceedings, the time of penalty of the criminal proceedings, expected closure and the expected outcome of the case.

§ 6. Before the institution of proceedings relating to the release of the Penal Code section 38 (3), In the case of the Ministry of Justice, the Executive Office of the Ministry of Justice, the Executive Board of the Ministry of Justice shall decide whether or not the Ministry of Justice shall submit an opinion on whether or not the possibility of supervision should be taken to ensure that the possibility of supervision is carried out ; and on the terms of the term, from the Department of Corrections, which, where appropriate, shall oversee the person concerned, where appropriate,

1) the institution considers that the terms of supervision should be laid down ;

2) the former has been subject to supervision,

3) The Department of Corrections has made a wish to make a statement.

4) the inmate is convicted of violence or sex crime, or

5) in accordance with section 9, the social authorities shall be obtained.

Paragraph 2. In cases of release on trial by the Penal Code section 40 a, the institution shall collect the opinion of the Department of Corrections, which, where appropriate, shall supervise the person concerned. In the case of the release to the test conditions of Community service, the opinion of the department must include the issue of the suitability of the person concerned to comply with such a term according to section 40 (a) (a) of the penal code. 3 and 4. In any case, the opinion of the department must, in all cases, include the question of the possibilities and the arbitrary setting.

§ 7. Before a decision is taken on the release of the sample, an opinion shall be obtained from the Legal Reader, if :

1) the convicts shall be sentenced to life imprisonment, or

2) There is doubt as to whether or not the inmate would present a danger to the lives of others or to health.

Paragraph 2. In the case of referral to the Court of Justice, a declaration on the detainee from a specialist doctor in psychiatry must be provided.

§ 8. Before a decision is taken on the release of the sample, an opinion shall be obtained from the prosecution if :

1) the case has been submitted to the Legal Reader on the basis of section 7,

2) the institution has information which provides grounds for the assumption that the prosecution may provide specific information which is relevant to the decision, or

3) it shall be released on the test under the Danish Penal Code of 40 a of prisoners convicted of dangerous crime, including intentional arson or other non-lethal crime, encaving volds or vice-deferment crimes ; Enrichment crime associated with violence or the threat of violence or, by the way, offences of a particularly serious or professional nature. However, this does not apply to inmates sentenced to eight months in prison and which have been at large between the sentencing and the initiation of the execution.

Paragraph 2. Before a decision is taken on the release of the sample, an opinion shall be obtained from the police officer who have dealt with the criminal proceedings if the police Director in the context of the notification of the criminal investigation to the sentenced person to be sentenced to prison sentences, etc., have informed that the person concerned has ties to the rocker and the gang environment.

§ 9. Before the institution takes a decision to release a test or a recommendation on this subject to the Ministry of Justice, the Executive Board of the Department of Corrections, the institution shall obtain an opinion on the arbitrary definition of the social authorities of the institution ; the place of residence of the person concerned, where the inmate is punished for the punishment of violence, homicide or the crimes against minors, and

1) After the release, it is expected to stay with people who are staying with underage children,

2) is expected to take on employment that involves contact with underage children,

3) is entitled to concoct with underage children, or

4) The institution shall, by the way, find the facts of the case.

Case management

§ 10. Before the institution takes a position on the issue of the release to the test or to draw up a recommendation on the subject of the Ministry of Justice, the Directorate of Corrections, the inmates shall be informed of the options which will be put to the ground for : the decision, and have the opportunity to express an opinion.

Paragraph 2. When the institution is in accordance with the rules in section 4 (4). 1, no. 2 (3). 2 or paragraph 1. On the subject of the release of the parole board, the question of the release of the parole board shall be subject to review and shall continue not to consider that the conditions of parole are present, the institution of the dossiers in which the Directorate is under Article 26 (1). 1, no. Paragraph 1 or Article 31 shall decide on the subject of the release of the institution on the issue of the institution. At the same time, the inmates are asked if the case is to be submitted to the Directorate. If the inmate wishes to do so, the matter will be submitted to the Directorate. Before the question of parole is submitted to the Directorate-General, the inmate must have the opportunity to speak.

§ 11. Deciding that an inmate should be released on trial shall be served as soon as possible for the person concerned at the institution ' s action. At the same time, it was weighted in detail on the importance of the decision, including the understanding of the conditions laid down and the effect of any infringements, cf. Penal code § 40, § 40 a, paragraph. 7, cf. § 40, and § 42, cf. § 40.

Paragraph 2. The detainees shall confirm, by its signature of the release form, that the resolution is served and that guidance on the effects of arbitrary offences has been granted in accordance with paragraph 1. 1.

Paragraph 3. The prisoner must have issued a copy of the release of the parole declaration.

§ 12. When the institution decides on the denial of parole, note must be made on the reasons for the decision taken. The justification must comply with the requirements of the explanatory statement for a decision, cf. section 24 of administrative law. The memo must also contain information about :

1) when the decision is notified to the inmate,

2) when the deadline for filing a complaint to the attorney general is due to expire, cf. the section 111 (1) of the sentence. 2,

3) the inmates are guided by the possibility of bringing the matter to the Minister of Justice and about the time limit for filing a complaint, and

4) whether the inmates at the decision of the Decision have indicated that the question should be taken for the Justice Minister.

Paragraph 2. When the institution decides on the refusal of parole in accordance with Article 38 (5) of the penal code. In addition, the notation must also indicate that the inmate is guided by the fact that the final administrative decision on probation may be required for the right to be brought in, cf. section 112 of the sentence. 6.

Paragraph 3. The inmate shall, at the request of the Commission, have issued the notation drawn up in accordance with paragraph 1. 1-2.

§ 13. If an inmate indicated that the institution's lashing of the release of the institution on probation is required for the Justice Department, the institution shall, as soon as possible, and within 10 days, send the case to the Ministry of Justice, the Directorate of the Criminal InvestiDepartment.

Special rules for the examination of applications for the release of a sample of the penal code 38 (1) of the Penal Code. 2

§ 14. The institution must consider whether inmates under the age of 18 at the time of the crime may be released on the test of Article 38 (5) of the Penal Code. The office of the Ministry of Justice shall be submitted to the Ministry of Justice, the Executive Board of the Department of Corrections, unless the institution finds the release in accordance with this provision clearly inadvisable.

§ 15. Inmates who raise questions about the release of the tests on the penal code section 38 of the penal code. 2 shall be weighted on the applicable rules and practices. The person concerned shall, at the same time, submit a possible application to the institution.

Paragraph 2. If the institution considers that there is a basis for the release of samples, the assent shall be obtained with the consent of the intervention referred to in section 6 and, where appropriate, Article 8 (8). 2, and Clause 9, before the case is submitted to the Ministry of Justice, the Directorate of the Criminal Investigenation.

§ 16. If an application for a release is justified in the home Member ' s home, the institution must be paid a visit to the home, unless the institution has been established beforehand, or the inmates who are in favour of support ; the application, in accordance with practice, cannot lead to the application of the application.

Specific rules on the treatment of applications for the release of the sample after the 40 (s) of the penal code

§ 17. The question of whether an inmate may be released on the test of Article 40 a of the penal code shall be discussed in connection with the preparation of the plan for the impunity of the person concerned and the time after release, cf. Section 31 (1) of the penalty of criminal law. 2.

Paragraph 2. Inmates who raise questions of release on the test of the penal code section 40 a must be guided by guidance on the rules and practices applicable. The person concerned shall, at the same time, submit a possible application to the institution.

Paragraph 3. The setting of a free sample of the penal code section 40 a is submitted to the Ministry of Justice, the Directorate of the Criminal InvestiDepartment, cf. § 30, 1. pkton, if the institution considers that early parole in accordance with § 40 a shall be made, or if the inmate candidate for early parole.

§ 18. If the institution considers that there is a basis for the release of a sample of Article 40 a of the penal one, the institution shall collect information and statements in accordance with the provisions of section 5 to 9.

Chapter 2

The release date

§ 19. The date of release shall be understood to be the calculated date of the release of the parole or the date on which the release of the release after end of the sentence is to be carried out, cf. Chapters 4 and 5 of the sentence of the calculation of the contract.

20. The release, which shall be carried out after the end of the sentence, must take place at such a time that the release of public transport services may reach a residence in this country prior to the end of the period of time.

§ 21. If the release date falls on a Saturday, Sunday or a public holiday, inmates who are sentenced to prison for 30 days or more are released on a daily basis, in the Easter Sunday, even if the person concerned wishes to do so itself, see it in accordance with the wishes of the person concerned. however, paragraph 1 2-3.

Paragraph 2. However, the release cannot be more than forward in three days.

Paragraph 3. Extingation of the release in accordance with paragraph 1. 1 may be omitted if :

1) evasion or absence from an exit has taken place in the last four weeks before the date of release, or

2) there is a reinforced suspicion that evasion or absence from an exit earlier than four weeks prior to the date of release has taken place for the purposes of the exploitation of access to advance.

§ 22. Inserted prison sentences for 30 days or more can be released until three days before the release date,

1) if it is necessary for the person concerned to be able to begin documenting employment or training, which is of major importance to the employment situation of the person concerned at the time of the release,

2) in the case of the procurement of residence and work or other sub-teams, it is essential that the person concerned can be operated in a public office or by a public authority within a weekend ;

3) in cases where, in the case of a person who is seriously ill, who is seriously ill, to be present at a nearby person's funeral or visit a nearby person at the time of the presence of a nearby person ; family events ; or

4) in the event of an acute lack of seats in an institution.

-23. Inserpenated prison sentences for less than 30 days may be released earlier in cases where they may otherwise be authorised to visit a person who is seriously ill or to be present at a close-up presence. person's funeral.

§ 24. Inmates sentenced to three months in prison or over can be released up to five days before Christmas, the release date falls into the period from the 23rd. Depart to the third. January, cf. however, paragraph 1 2-3.

Paragraph 2. This is a precondition for the advance of the release in accordance with paragraph 1. 1 that

1) at least two months of the punishment has been issued on the day of the release ;

2) the appropriate stay and work or other sub-teams have been guaranteed ; and

3) there are, incidentally, conditions which make the release of the release unadvisable.

Paragraph 3. Extingation of the release in accordance with paragraph 1. 1 may be omitted if :

1) evasion or absence from an end has taken place in the time space from 1. October of the same year,

2) there is a reinforced suspicion that evasion or away from exit before 1 is suspected. October of the same year has taken place for the purpose of making use of access to advance, or

3) the person concerned has been absent from the date of the present time of the derogation, irrespective of the time of the date.

Chapter 3

Competence

§ 25. The release of the release and the application of this notice shall also be taken by the leader of the prison or the arresthug of the prison or authorised by the prison of the prison in accordance with the provisions of the arrest. However, section 26, section 28, section 30 and section 31.

Paragraph 2. Where an inmate is stationed to or placed in one of the Pensions or an institution other than the criminal institution, a decision as referred to in paragraph 1 shall be taken as referred to in paragraph 1. 1 of the institution from which the inmate is seconded, or by the mother institution of the work.

SECTION 26. Decision on whether inmates should be released on trial by the Penal Code Section 38 (3). 1, shall be taken by the Ministry of Justice, the Executive Board of the Department of Correction, if :

1) The convicts are sentenced to imprisonment for eight years or longer time-term penal punishment ;

2) the inmates shall have a residence in another Nordic country and there are questions to transfer the supervision of the person concerned to the competent authorities of the country concerned ;

3) The prison or the arreshapen finds that the subject of a paroleum must be made against the consent of the person concerned in accordance with Article 38 (4) of the penal code. 1, cf. paragraph 4, or

4) there is disagreement between the institution and

a) in the case of the investigation of the term, the term of office of the term, cf. § 6,

b) the person concerned of the place of residence (Social Services), if any, in accordance with the terms of the term. § 9, or

c) the prosecution or the police commissioner, whether or not the parole is to be made, cf. § 8.

Paragraph 2. The parolation of prisoners covered by paragraph 1 shall be taken into account. 1, shall be taken from the prison or the arreshapen position.

§ 27. Statement on the release of the Penal Code Section 38 (3) of the Penal Code. 1, of convicted felons, who have been in custody for so long as two-thirds of the criminal proceedings for at least two months shall be taken by the arrest of the holding office from which the convicts are released. from custody, cf. however, section 26.

Paragraph 2. Statement on the release of the Penal Code Section 38 (3) of the Penal Code. 1, of the sentenced persons who have been subject to detention in the criminal proceedings, taking place in the place of protective custody (prevarietic surrogate) or, in the case of judgment, have been subordinate to deprivation of freedom from the penal code of the penal code ; 73, paragraph 1. 1, until the time of the sentence, two-thirds of the penal period shall be taken at the time of the arresthus of the species where the person concerned would otherwise be stowed.

§ 28. Decision on whether inmates should be released on trial by the Penal Code Section 38 (3). 2, shall be taken by the Ministry of Justice, the Executive Board of the Correction Office, after suspension from the prison or the arreshapen, cf. However, Section 29.

§ 29. The leader of the prison or the operator or the operator of the prison shall decide whether :

1) foreign inmates sentenced to prison sentences for up to eight years, and which are to be expelled from a ban on entry, must be released on trial in accordance with Article 38 (4) of the Penal Code. 2, at least two months of penal period, of the penal period, of the penal period,

2) Inmates serving the prison sentence for violation of section 60 of the preparedness Act, Section 6, in the Law on the fulfillment of civil work, and section 23 (4). ONE, TWO. in the military penal code, to be released on the test of the Danish Penal Code section 38 (3). Two, at least two months, of course at least two months, of the penal clock has been passed.

Paragraph 2. Decision on whether inmates should be released on the tests provided for in paragraph 1. 1 shall, however, be taken by the Ministry of Justice, the Executive Board of the Department of Correction, if :

1) Penitentiary or jail in the subparagraphs of paragraph 1. 1, no. One of these situations considers that the conditions for the release of the parole have been met, but the inmates do not wish to be paroled in accordance with paragraph 38 of the penal code. 2,

2) the inmates must have a stay in another Nordic country, and there are questions to transfer the supervision of the person concerned to the competent authorities of the country concerned ; or

3) there is disagreement between the institution and the prosecution or the police Director on whether or not the parole should be done, cf. § 8 (3) 1, no. 2 and paragraph 1. 2.

Paragraph 3. The parolation of prisoners covered by paragraph 1 shall be taken into account. Two, determined by suspension from the prison or the arresthplace.

-$30. Decision on whether inmates should be released on trial by the Danish Ministry of Justice, the Ministry of Justice, the Executive Board of Corrections, after suspension from the prison or the arressa. However, if the sentenced person is sentenced to prison for less than eight months, the decision shall be taken by the leader of the prison or the arresthug of the prison or the person authorized to do so, cf. however, the cases referred to in section 26 (4). 1, no. Two and four.

§ 31. Decide whether prisoners serving imprisonment for life are to be released shall be released on the test of Article 41 (4) of the penal code. 1, shall be taken by the Ministry of Justice, the Executive Board of the Department of Correction, after suspension from the prison or the arreshapen.

TITLE II

Contributed penalties on the place of residence under intensive surveillance and control after the Enforcement Act of Chapter 13 of the Enforcement Act

Chapter 4

Competence

§ 32. Statement on the release of the Penal Code Section 38 (3) of the Penal Code. 1 and the application of this notice shall also be taken by the leader of the supervisory authority or by the competent authority, in accordance with the provisions of the supervisory authority. however, section 33. The same applies to the decision concerning the release of Article 40 a of the penal code, cf. however, section 33, nr. One, three and four.

§ 33. Decision after paragraph 32 is taken by the Ministry of Justice, the Directorate of the Criminal Investigation, if

1) the condemned must have a stay in another Nordic country, and there are questions to transfer the supervision of the person concerned to the competent authorities of the country concerned ;

2) the supervisory authority considers that the subject of the release of the person concerned shall be subject to the consent of the person concerned in accordance with the Penal Code section 38, paragraph 1, cf. paragraph 4,

3) there is a difference of opinion between the Department of Corrections, which decides on the release of the person concerned, and the department which, where appropriate, shall supervise the person concerned, on the terms of the term, or

4) there is disagreement between the supervisory authority and the prosecution or the police commissioner whether or not the parole should be done, cf. § 8 (3) 1, no. 2 and paragraph 1. 2.

§ 34. Decision on whether or not the condemned should be released on trial by the Penal Code section 38 (3). 2, the Ministry of Justice, the Directorate of the Department of Correction, shall be taken by the Ministry of Correction, on the recommendation of the supervisory authority.

Chapter 5

Parole in accordance with Penal Code Section 38 (3). 1

Time of consideration, decision and reopening of the question of the release of the sample

$35. For the examination of questions by the supervisory authority, on the release of a sample of the penal code section 38 (3). 1, find § 1, section 2, no. Paragraph 3 shall apply mutatis mutis.

Consultation, etc.

§ 36. For the examination of questions by the supervisory authority, on the release of a sample of the penal code section 38 (3). 1, find § 5, section 6 (4). Paragraph 1, section 8, paragraph 8. 1, no. 2 and paragraph 1. 2, as well as section 9 corresponding usage.

Case management

§ 37. For the examination of questions by the supervisory authority, on the release of a sample of the penal code section 38 (3). Paragraph 10 (1). 1, as well as section 11-13 similar uses.

Chapter 6

Parole in accordance with Penal Code Section 38 (3). 2, and § 40 a

§ 38. For the examination of questions by the supervisory authority, on the release of a sample of the penal code section 38 (3). 2, find § 5, section 6 (4). Paragraph 1, section 8, paragraph 8. 1, no. 2 and paragraph 1. 2, section 9, section 10 (4). 1, sections 11-12, as well as section 14-16 corresponding usage.

§ 39. For the examination of questions by the supervisory authority, on the release of a sample of the penal code section 40 a, section 5, section 6 (4). 2, section 8 (4). 1, no. 2 and paragraph 1. 2, section 9, section 10 (4). 1, Section 11 13, and section 17 (3). 2, similar application.

Chapter 7

The release date

§ 40. In the event of the release of convicted fellowance on the place of residence under intensive surveillance and control, section 19, section 21, section 22, no. The same applies to 2 and 3 as well as section 23-24 equivalent.

§ 41. The release, which shall be carried out after the end of the sentence, must take place at such a time that the dismantling of electronic surveillance equipment has been carried out prior to the expiry of the penalty.

TITLE III

Final provisions

Chapter 8

The entry into force, etc.

§ 42. The announcement shall enter into force on 1. July, 2013.

Paragraph 2. Publication no. 581 of 31. May 2013 on the release of convicted prison sentences (release notice) are hereby repealed.

Ministry of Justice, the 24th. June 2013

Morten Bødskov

/ Johan Reimann