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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Overview (table of contents)



Title I



Convicted, that udstår imprisonment in one of the prison institutions or under punishment enforcement code is posted to or placed in an institution outside the prison and probation service





Chapter 1



Parole





Chapter 2



Release date





Chapter 3



Competence





Section II



Convicted, udstår penalty at the place of residence under intensive surveillance and control after the punishment Enforcement Act Chapter 13 (a)





Chapter 4



Competence





Chapter 5



Parole after Penal Code § 38 (1)





Chapter 6



Parole after Penal Code § 38 (2) and section 40 (a)





Chapter 7



Release date





Title III



Final provisions





Chapter 8



Entry into force, etc.



The full text of the Announcement for the release of convicted that udstår imprisonment (release announcement)

Pursuant to § 79 paragraph 2, section 80, paragraph 2, article 89, paragraph 2, and section 111, paragraph 4, of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 435 of 15. may 2012, fixed: title in udstår prison, Convicted in one of the prison institutions or under punishment enforcement code is posted to or placed in an institution outside the prison and probation service Chapter 1 parole time for consideration, decision and revisiting the issue of release on probation



§ 1. Decision concerning release on probation after Penal Code § 38 (1) or section 41, paragraph 1, must be made 4 weeks before the parole date, unless it is not feasible for very specific reasons.

§ 2. Decision concerning release on probation must, however, after penalty enforcement section 80 (1) shall in any event be taken at such a time, to release on probation after the criminal code 1) section 38 (1), can be done immediately after application of two thirds of the criminal time and 2) section 41 (1) can happen immediately after application of 12 years of punishment at imprisonment for life.

§ 3. When parole after Penal Code § 38 (1) or section 41 (1) is refused, the institution must take the issue of parole reconsideration, if at a later date must be assumed, that the conditions for parole are present.

§ 4. When parole after Penal Code § 38 (1) is refused, it is incumbent on the institution to take the question of parole reconsideration when an inmate, 1) as udstår prison sentence for up to 8 years after the refusal has been served an additional 3 months of punishment, or 2) that udstår imprisonment for 8 years or longer prison sentences, after the point-in-time refusal have been served another 6 months of sentence.

(2). When parole after Penal Code § 41, paragraph 1, is denied, it is incumbent on the institution to take the question of parole reconsideration, so that there can be question of parole not later than 1 year after the refusal of the basic regulation. Punishment Enforcement Act, section 80, paragraph 2.

(3). When a parole is reinstated to the application of capital punishment, paragraphs 1 and 2 and § 3 apply mutatis mutandis.

Consultation, etc.



§ 5. Before making a decision about release on probation, obtain information about any pending criminal cases against the detainees from the central criminal register. Obtained that information about a pending criminal case, which is not expected to be completed before the parole date, the institution shall seek further information from the prosecution on the criminal nature of the case and the extent of the criminal proceedings, the time of expected completion and the expected outcomes.

§ 6. Before the institution of proceedings for release after Penal Code § 38 (1) or (2) or section 41 shall decide on the release of test or submit the recommendation to that effect to the Ministry of Justice, Directorate-General for prison and probation service, the institution shall seek an opinion as to whether provision should be made for the supervision, on the opportunities and conditions for the establishment of supervision, from the Department of probation, which, where appropriate, to oversee the question If 1) the institution considers that conditions should be established for the supervision, 2) the inmates have previously been subject to surveillance, 3) Prison Department has asked for an opinion, 4) the inmates have been convicted of violence or seksualkriminalitet, or 5) under section 9 obtained the opinion of the social authorities.

(2). In cases concerning release on probation pursuant to section 40 (a) of the criminal code, the institution shall seek an opinion from the Department of probation, which, where appropriate, to supervise the person. In the case of release on probation with conditions of community service, the Department's opinion must include the question of the suitability of the person concerned to comply with such conditions determined in accordance with section 40 (a) of the Penal Code, paragraphs 3 and 4. In addition, the Department's opinion, in all cases, include the question of supervisory opportunities and on terms during fixing.

§ 7. Before making a decision about release on probation, obtain the opinion of the medico-legal Council, if 1) the inserted udstår the punishment of imprisonment for life, or 2) there is doubt whether the inmates would be dangerous for someone else's life or health.

(2). For use in the remittal of the case for the medico-legal Council must provide a statement about the inmates from a specialist in psychiatry.

§ 8. Before making a decision about release on probation, obtain an opinion from the Prosecutor's Office, if 1) case has been submitted to the medico-legal Council under section 7, 2) the institution has information that gives grounds for believing that the prosecution can come up with specific information, which is of importance for the decision, or 3) in the case of release on probation pursuant to section 40 (a) of the Criminal Code of the inserted convicted of dangerous crimes, including arson, or other General dangerous crime, violent or sexual crime, coarser enrichment crime associated with violence or threat of violence or other offences of particularly serious or professional nature. However, this does not apply to inmates who are sentenced to 8 months in prison, and who have been at large between the conviction and the implementation of the penalty enforcement.

(2). Before making a decision about release on probation, obtain an opinion from the Police Director who has dealt with the criminal proceedings, if the Police Director in connection with the notification of probation, that the offender must serve a prison sentence, etc.., have indicated that the question related to the rocker and the gang environment.

§ 9. Before the institution shall decide on the release of test or submit the recommendation to that effect to the Ministry of Justice, Directorate-General for prison and probation service, the institution shall seek an opinion on the conditions determination from the social authorities in the person's municipality of residence, if the inserted udstår punishment for violence, homicide or sexual offences against minors and 1) after release is expected to take up residence in individuals with whom minor children staying, 2) is expected to assume employment involving contact with minors, 3) are entitled to visitation with the minor children, or 4) the institution considers that the circumstances of the case, moreover, justified.

Casework



§ 10. Before the institution takes a position on the question of release on probation or prepare the recommendation to that effect to the Ministry of Justice, Directorate-General for prison and probation service, the inmate shall be informed of the options will be taken into account for the decision, and given the opportunity to express their views.

(2). When the institution according to the rules in section 4, paragraph 1, no. 2, (2) or (3), takes the question of parole reconsideration and still do not find that the conditions for parole are present, the institution of the proceedings in which the Directorate-General under section 26 (1) (8). 1, or section 31 shall decide on conditional release, inform the inmates of the institution's attitude to the issue. At the same time asked the inmates on the case submitted to the Directorate-General is desired. If the inmate wants it, the matter shall be referred to the Directorate. Before the question of parole shall be submitted to the Directorate, the inmates have the opportunity to comment.

§ 11. Ruling that an inmate must be released on probation, to be served on the person concerned as soon as possible by the institution's measure. At the same time, coached the inserted extensively about the importance of decision, including on the understanding of the stipulated terms and conditions on the impact of violations, see. section 40 of the criminal code, section 40 (a), paragraph (7) of the basic regulation. section 40, and section 42 of the basic regulation. § 40.

(2). The inmates must, by his signature on the resolution confirm the resolution of the probation is served, and that guidance on the impact of violations of conditions is given in accordance with paragraph 1.

(3). The inmates must have handed over a copy of the resolution of the probation.

§ 12. When the institution shall decide on the refusal of parole, should be made note of the reasons for the decision. The explanatory statement must meet the requirements for the statement of reasons for a decision, in accordance with article 3. Executive Law § 24. The note should also include a statement 1) when the decision is notified to the inmates,


2) when the deadline for filing a complaint to the Minister of Justice expires, without prejudice. Punishment Enforcement Act § 111 (2), (3)) that the prisoners are advised of the possibility of bringing the matter to the Minister of Justice and about the deadline for filing complaints, and whether the inserted by decision 4) communication has indicated that the issue is desired before the Minister of Justice.

(2). When the institution shall decide on the refusal of parole after Penal Code § 38 (1), the note also include a statement that the detainees are advised that the final administrative decision on parole may be required before the Court, without prejudice. Punishment Enforcement Act § 112, no. 6. The provisions of paragraph 3. The inmates shall, on request, be given the memo, drawn up in accordance with paragraph 1-2.

§ 13. If an inmate expresses the institution's refusal to grant parole to the Minister of Justice, an appeal is sought to the institution as soon as possible and within 10 days to send the case to the Ministry of Justice, Directorate-General for prison and probation service.

Special rules on the processing of applications for release on probation after 38 (2) of the Penal Code



§ 14. The institution must consider whether inmates who were under 18 years of age at the time of the offence, can be released on probation after the Criminal Code section 38, paragraph 2. The recommendation to that effect should be submitted to the Ministry of Justice, Directorate of Probation, unless the institution shall release pursuant to this provision clearly utilrådelig.

§ 15. Inmates who even raises questions about release on probation after the Criminal Code section 38, paragraph 2, should be instructed about the existing rules and practices. The person concerned is invited at the same time to deliver any application to the institution.

(2). If the institution finds that there are grounds for his release on probation, obtained with the prisoner's consent an opinion referred to in article 6 and, where applicable, section 8, paragraph 2, and section 9, before the matter is submitted to the Ministry of Justice, Directorate-General for prison and probation service.

§ 16. Is an application for his release on grounds of difficulties in the prisoner's home, the institution must arrange for visits in the home, unless conditions in advance is the institution we all know, or the conditions the prisoners argue in support of the application, after practice cannot result in that the application is accepted.

Special rules on the processing of applications for release on probation after Penal Code 40 a



§ 17. The question of whether an inmate can be considered for release on probation after Penal Code § 40 (a), are discussed in the context of the development plan for his punishment application and time after release, see. Punishment Enforcement Act section 31, paragraph 2.

(2). Inmates who even raises questions about release on probation after Penal Code § 40 (a), shall be instructed about the existing rules and practices. The person concerned is invited at the same time to deliver any application to the institution.

(3). Setting of release on probation after Penal Code § 40 (a) shall be submitted to the Ministry of Justice, Directorate of Probation, see. section 30, 1. point, if the institution finds that early parole pursuant to section 40 (a) must be made, or if the inmates apply for early parole.

§ 18. If the institution finds that there are grounds for release on probation after Penal Code § 40 (a), the competent institution information and opinions in accordance with the provisions of §§ 5-9.

Chapter 2 Release date § 19. By release date, for the purposes of this Ordinance the calculated date of parole or the day on which the release after completing penalty application must take place, see. penalty calculation notice Chapter 4 and 5.

§ 20. The release, which happens after completing penalty application, must take place at such a time that it is released for use by public transport can reach a resident here in the country before the criminal's time limit.

§ 21. If his release date falls on a Saturday, Sunday or søgnehelligdag, may be inmates who udstår imprisonment for 30 days or more, released the almost entire workday, during Easter, however, prior also Easter Saturday, if he even wants it, see. However, paragraph 2-3.

(2). The release, however, most can be brought forward with 3 days.

(3). Advance of release in accordance with paragraph 1 may be omitted if 1) escape or no-show from output has taken place within the last 4 weeks before his release date, or 2) there is a strong suspicion that escape or no-show from the year earlier than 4 weeks before the date of his release has taken place with a view to the exploitation of availability of advance.

§ 22. Inmates who udstår imprisonment for 30 days or more, can be freed until 3 days before release date, 1) if it is necessary, in order that the person can begin the documented employment or training that is essential for the person's employment situation on release from prison, 2) when it is in the interest of obtaining residence and work or other maintenance is essential, that the person concerned can be operated on a public office or with a public authority before a weekend , 3) in the case where there would otherwise be given permission to exit in order to visit a related person who is seriously ill, to be present at an approaching person's funeral or visit Allied individuals for important family events, or 4) if there is acute shortage of seats in an institution.

§ 23. Inmates who udstår imprisonment in under 30 days, may be released earlier in cases where there would otherwise be given permission to exit in order to visit the related persons who are seriously ill, or to be present at an approaching person's funeral.

§ 24. Inmates who udstår punishment of imprisonment of 3 months or more, can be freed until 5 days before Christmas, if release date falls in the period from the 23. December to the 3. January, see. However, paragraph 2-3.

(2). It is a prerequisite for advancing the release in accordance with paragraph 1, to 1) at least 2 months of penalty has been served, the day the release takes place, 2) secured the appropriate question stay and work or other means of subsistence, and 3) that is not otherwise available circumstances, as does advance the release utilrådelig.

(3). Advance of release in accordance with paragraph 1 may be omitted if 1) escape or no-show from the year has taken place in the period from the 1. October of the same year, 2) there is a strong suspicion that escape or no-show from the end before 1. October of the same year has taken place with a view to the exploitation of availability of advance, or 3), the person concerned is absent from the summons to the current execution regardless of the time for doing so.

Chapter 3 Jurisdiction article 25. Decision on parole and questions on the application of this Decree, moreover, taken by prison or arrest the House Leader or the entitled thereto, without prejudice. However, section 26, section 28, section 31 and section 30.

(2). If an inmate is posted to or contained in a prison of pensions or an institution, etc. outside the probation, a decision as referred to in paragraph 1 of the institution from which the inmate is posted, or by the detainee's parent institution.

section 26. Decision about whether inmates should be released on probation after Penal Code § 38 (1) shall be taken by the Ministry of Justice, Directorate of Probation, if 1) the inserted udstår penalty of imprisonment for 8 years or longer timed prison sentence, 2) the inmates be resident in another Nordic country, and there are questions about transferring supervision of the person to that country's authorities , 3) prison or arrest the House considers that parole should be made against the person's consent in accordance with section 38 of the Penal Code, paragraph 1, of the basic regulation. paragraph 4, or 4) there is a dispute between the institution and a) concerned Department of probation on terms during the determination of the basic regulation. section 6 (b)) part, municipality of residence (social services) on terms during the determination of the basic regulation. § 9, or c) the prosecution or police the Director about whether parole should be done without prejudice. § 8.

(2). Decision concerning the parole of inmates, which is covered by paragraph 1 shall be taken on the recommendation of the prison or house arrest.

§ 27. Decision on parole after the Criminal Code section 38, paragraph 1, of the convicted, who is at large, and which under the criminal case has been remanded in custody for so long that two thirds of the criminal time, however, at least two months, is served by pre-trial detention ended, taken by the County Gaol from where the offender is released from custody, see. However, section 26.

(2). Decision on parole after the Criminal Code section 38, paragraph 1, of the convicted, who during the criminal proceedings have been subject to custodial measures in lieu of custody (pre-trial surrogate), or as in occasion of the judgment have been subject to custodial measures under penal code section 73, paragraph 1, until the penalty could be enforced, taken when two thirds of the criminal the time has been served by these measures, of the County gaol, where they would otherwise be located.

section 28. Decision about whether inmates should be released on probation after the Criminal Code section 38, paragraph 2 shall be taken by the Ministry of Justice, Directorate-General for prison and probation service, upon the recommendation of the prison or house arrest, see. However, § 29.


section 29. Prison or arrest the House Leader or the entitled thereto, shall take a decision as to whether 1) foreign inmates who udstår prison sentence for up to 8 years, and which, after the application of the penalty must be expelled with an entry ban, must be released on probation pursuant to penal code section 38, paragraph 2, after the half, however, at least 2 months of time has been served, 2) criminal inmates udstår prison sentence for violation of § 60 of the emergency law section 6 of the Act on compulsory military service obligations fulfillment by civil work, and section 23 (1), (2). point, in the military penal code, must be released on probation after the Criminal Code section 38, paragraph 2, after the half, however, at least 2 months of punishing time is served.

(2). Decision about whether inmates should be released on probation in accordance with paragraph 1 shall be taken, however, of the Ministry of Justice, Directorate of Probation, if 1) prison or house arrest referred to in paragraph 1, no. 1 situations referred considers that the conditions for parole have been met, but the prisoners did not want to be on parole after the Criminal Code section 38 (2), 2) the inmates be resident in another Nordic country, and there are questions about transferring supervision of the person to that country's authorities, or 3) there is a dispute between the institution and the public prosecution service or Police Director on whether parole should be done without prejudice. section 8 (1) (8). 2 and paragraph 2.

(3). Decision concerning the parole of inmates, which is covered by paragraph 2, are taken on the recommendation of the prison or house arrest.

section 30. Decision about whether inmates should be released on probation after Penal Code § 40 (a), shall be taken by the Ministry of Justice, Directorate-General for prison and probation service, upon the recommendation of the prison or house arrest. If the sentenced imprisonment in udstår during 8 months, however, the decision taken by the prison or arrest the House Leader or the entitled thereto, without prejudice. However, the cases referred to in section 26 (1) (8). 2 and 4.

section 31. Decision about whether inmates who udstår punishment of imprisonment for life, must be released on probation after Penal Code § 41, paragraph 1, shall be taken by the Ministry of Justice, Directorate-General for prison and probation service, upon the recommendation of the prison or house arrest.

Title II of the Convicted, who udstår punishment on the place of residence under intensive surveillance and control after the punishment Enforcement Act Chapter 13 a Chapter 4 jurisdiction of section 32. Decision on parole after the Criminal Code section 38, paragraph 1, and questions on the application of this Decree, moreover, taken by the operator or the supervisory authority which is empowered to do so, see. However, § 33. The same applies to the decision on parole after Penal Code § 40 (a) of the basic regulation. However, section 33, no. 1, 3 and 4.

section 33. Decision under section 32 shall be taken by the Ministry of Justice, Directorate of Probation, if 1) the sentenced person be resident in another Nordic country, and there are questions about transferring supervision of the person to that country's authorities, 2) supervisory authority finds that the parole shall be against the person's consent in accordance with section 38 of the Penal Code, paragraph 1, of the basic regulation. paragraph 4, 3) there is a dispute between the Department of probation, which decides on parole, and the Department, which, where appropriate, to oversee the question whether the conditions determining, or 4) there is a difference of opinion between the supervisory authority and the public prosecutor's Office or police the Director about whether parole should be done without prejudice. section 8 (1) (8). 2 and paragraph 2.

§ 34. Decision on whether convicted must be released on probation after the Criminal Code section 38, paragraph 2 shall be taken by the Ministry of Justice, Directorate-General for prison and probation service, upon a proposal from the supervisory authority.

Chapter 5 parole after Penal Code § 38 (1) time for consideration, decision and revisiting the issue of release on probation



section 35. By the supervisory authority's treatment of the question of release on probation after the Criminal Code section 38, paragraph 1, the provisions of § 1, § 2, nr. 1, and section 3 apply mutatis mutandis.

Consultation, etc.



§ 36. By the supervisory authority's treatment of the question of release on probation after the Criminal Code section 38, paragraph 1, the provisions of section 5, section 6, paragraph 1, article 8, paragraph 1, no. 2 and (2) and section 9, mutatis mutandis.

Casework



section 37. By the supervisory authority's treatment of the question of release on probation after the Criminal Code section 38, paragraph 1, the provisions of section 10, paragraph 1, and articles 11 to 13 shall apply by analogy.

Chapter 6 parole after Penal Code § 38 (2) and section 40 (a) of section 38. By the supervisory authority's treatment of the question of release on probation after the Criminal Code section 38, paragraph 2, section 5, section 6, paragraph 1, article 8, paragraph 1, no. 2 and paragraph 2, section 9, section 10, paragraph 1, articles 11-12, as well as § § 14-16 apply mutatis mutandis.

§ 39. By the supervisory authority's treatment of the question of release on probation after Penal Code § 40 (a) section 5, section 6, paragraph 2, article 8, paragraph 1, no. 2 and paragraph 2, section 9, section 10, paragraph 1, articles 11-13, and section 17 (2) shall apply mutatis mutandis.

Chapter 7 Release date § 40. By the release of the convicted, who udstår punishment on the place of residence under intensive monitoring and control, see § 19, § 21, § 22, nr. 2 and 3, as well as § § 23-24 by analogy.

§ 41. The release, which happens after completing penalty application, must take place at such a time that the disassembly of the electronic monitoring equipment is made in the criminal's time limit.

Title III final provisions Chapter 8 entry into force, etc.

§ 42. The notice shall enter into force on the 1. July 2013.

(2). Executive Order No. 581 of 31. may 2013 for the release of convicted that udstår imprisonment (release announcement), should be repealed at the same time.

The Ministry of Justice, the 24. June 2013 Morten Bødskov/Johan Reimann

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