Advanced Search

Executive Order On The Placement And Transfer Of Persons Who Must Endure Imprisonment Or Detention (The Space And Transfer Notice)

Original Language Title: Bekendtgørelse om anbringelse og overførsel af personer, som skal udstå fængselsstraf eller forvaring (anbringelses- og overførselsbekendtgørelsen)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Table of Contents
Chapter 1 Election of the Office of the Office
Chapter 2 Transfer
Chapter 3 Administrative claws and entry into force, etc.

Publication of the placement and transfer of persons to be sentenced to prison or detention (transfer and transfer notice)

In accordance with section 30, section 89, paragraph 1. 2, section 105 (5). 2, and section 111 (1). 3, in the Act of the Enforcement of Retribution, etc., cf. Law Order no. 435 of 15. May 2012, as amended by law no. 739 of 25. June 2014, set :

Chapter 1

Election of the Office of the Office

§ 1. Decision on placing in prison or arresthus (choice of desonation institution) of persons who are to be sentenced to prison or detention, cf. Section 20-23 of the Criminal Enforcement Act, or of the Department of Corrections, or of the Department of Corrections of the Department of Corrections, which receives the notification of the Commissioner, in accordance with the rules laid down in the Commitment Proclaition.

§ 2. If a convicted prison sentence is to be sentenced to six months (short sentence sentence), the sentence of paragraph 21 (2) of the sentence is to be sentenced to a sentence. 2 or paragraph 1. 3, no. One-three, or paragraph 21, paragraph 1. 4, decided that the punishment shall be held in the house of succession shall be placed on the condemned as the starting point of an arresor of Copenhagen (MLs) near where the person is domiciled or residence.

Paragraph 2. If the condemned resident of the Faroe Islands is established, the person concerned shall be placed in the Office of the Office at the port of Tórs;

§ 3. Persons who have been sentenced to time sentence of prison for more than three months for infringement of penal code § 210 or § § 216-236 is placed at the beginning of the visitation and observation section of the Staff at the Herstedvester, unless :

1) on the basis of the details of the nature of the crime or other conditions, it must be assumed that there is no basis for placing in the department, or

2) the sentence of the sentenced sentence shall be prison for a maximum of one year, capacity-making considerations for affixing in another institution and for processing reasons shall not be regarded as inappropriate.

Paragraph 2. In the second institution, in accordance with paragraph 1, 1, no. 2, is offered to the inmate visitation with a handler from the visitations and observation department, unless such a conversation is already held.

Paragraph 3. If the person concerned is sentenced to 30 days or more, not more than three months, for the maximum sentence of the sentence referred to in paragraph 1. Paragraph 1 of the said offence shall be placed in the second institution concerned. However, the person concerned shall at the beginning of the visitation and observation department, if the Department of Corrections, on the basis of examination of the case files of the case, finds that there is a clear need for a targeted processing effort.

§ 4. If it is to be considered unfestering and the position in the semi-semi-section is deemed relevant to the needs of the judiciary, it may be placed in the semi-arms section when the conditions for the placing in a closed prison are present.

Chapter 2

Transfer

Insertion of inmates from closed to open prison

§ 5. Decision on the transfer of inmates, which is a time-determined prison sentence, from closed to open prison after the section 24 (4) of the sentence of the sentence of Article 24 (1). 1, shall be taken by the criminal area of the Criminal Investigate. If transfer to a detention facility is located in another area of criminal custody, the decision on transfers shall be taken after prior discussion with the area of the criminal area.

Paragraph 2. If there is a difference of opinion between the two areas of criminal law, the matter is settled by the area of criminal law, which has raised the issue of transfer.

§ 6. Decision on the transfer of inmates, which is to be penalised for the imprisonment of life or detention, from closed to open prison after the section 24 (4) of the sentence of the sentence of Article 24 (1). 1, shall be taken by the Executive Board of the Criminal Investigate for the Preference from the Criminal Investigate. Before a decision is taken, a statement by the Attorney General on the question of transfer to open prison shall be obtained.

Paragraph 2. Even though the inmate is covered by paragraph 1. The decision on the transfer of the transfer to open prison after Section 7 shall be decided on a decision not to take place, except in the case of the Criminal Investigate Office, where the issue of transfer to open prison after paragraph 7 is taken into consideration.

§ 7. The area of crime shall be subject to the question as to whether the inserted after the section 24 (4) of the Criminal Enforcement Act is carried out. 1, shall be transferred from closed to open prison, up to consideration when, in accordance with the information available, it must be assumed that the conditions for transfer are present.

Paragraph 2. It is also incumbable to take the question, as referred to in paragraph 1, to the criminal field. 1, up to consideration when the inmate has implemented 2 unaccompanied exits without misuse as part of a regular exit cycle (Weekend exit).

Paragraph 3. Finally, the area of criminal law is to take the question, as mentioned in paragraph 1. First of all, when the inmate has stayed in prison for six months, the question of transfer to open prison has been considered at the end. However, this only applies when

1) an inmate who is sentenced to prison for less than five years shall be subject to regular unaccompanied exits (Weekend exit), or has been 1/4 of the penalty period,

2) an inmate who is sentenced to imprisonment for five years and up to eight years shall be permitted to have regular unaccompanied exits (Weekend exit) or has been 1/3 of the penalty period,

3) an inmate who is sentenced to a maximum sentence for eight years or longer time-term punishment shall be subject to regular unaccompanied exits (Weekend exit) or has been half a criminal period, or

4) an inmate responsible for the sentence of imprisonment for life or detention shall be subject to regular unaccompanied exits (Weekend Exit).

§ 8. When the issue of the transfer to open prison is considered, the inmates should be informed about this and have the opportunity to express their opinion.

§ 9. A note must be made on the position of the Department of Correctors to the question of transfer. If the Department of Corrections considers that the transfer should not be carried out, the note must contain a justification for this and the information that the prisoner is informed that the transfer of the criminal area does not occur. If the decision on transfers in accordance with section 5 or section 6 (4) is refused. In the field of criminal matters, the notation must also include information on :

1) date of when the decision has been notified to the prisoner, and

2) the inmates are guided by the possibility of a complaint to the Director Board of the Correction Office in the cases where this is stated in section 28 (2). 1, no. 5 and 6, and the time limit for filing a complaint, cf. § 28, paragraph 1. 3.

Paragraph 2. If the Department of Correctors considers that the transfer must be carried out and the decision after paragraph 6 (2), 1, shall be made by the Executive Board of the Criminal Investigative Services and shall be informed of the inmates before the case is sent to the directorate.

Paragraph 3. If the Department of Correctors considers that the transfer should not be carried out and the transfer after paragraph 6 (2), the transfer shall not be made. 1, shall be made by the Executive Board of the Criminal Investigative Order. At the same time, the inmates are asked if the case is being referred to the directorate. If the inmate wishes to do so, the matter will be submitted to the Directorate. Before the question of transfer to open prison shall be submitted to the Directorate-General, the inmate shall have the opportunity to speak, cf. § 8.

Transfer of inmates from a sealed prison to a semi-decoitus

§ 10. If this is to be considered unfestering and transfer to the semi-arms section is considered relevant in relation to the needs of the intervention, then the inmates may be transferred from a closed prison to the semi-munitions section when the conditions of transfer to the open prison are not ; Present.

Paragraph 2. section 5-6 shall apply mutatis muth to the case of a transfer to the semi-semi-semi-section 1.

Insertion of inmates from open to closed prison

§ 11. Statement on the transfer of inmates from the open to a closed prison after the sentence of the Criminal Enforcement Act is taken by the Department of Corrections of the Criminal Investigation Act. If transfer to a detention facility is located in another area of criminal custody, the decision on transfers shall be taken after prior discussion with the area of the criminal area. If there is a difference of opinion between the two areas of criminal law, the matter is settled by the area of criminal law, which has raised the issue of transfer.

Paragraph 2. Before the transfer takes place, the Directorates of the Department of Correction shall be subject to the notification of the Criminal Court of Correction,

1) the inmate residing in open prison under a decision of the Criminal Office in accordance with section 6 (s). 1, or

2) the convicts shall be penal imprisonment for the imprisonment of life or detention and in the decision on the choice of desonation institution shall be in open prison.

§ 12. Decision on temporary transfer to arresthus or closed prison after the sentence of Article 25 (5) of the sentence of the Pension Act. Five shall be made by the criminal area of the Criminal Investigate. In the case of a transfer to an institution situated in another area of criminal jurisdiction, the decision on transfers shall be taken after the prior discussion with the area of the criminal area.

Paragraph 2. If the two areas of criminal law differ on whether or not transfer is to be carried out, the matter is settled by the area of criminal jurisdiction, which has raised the issue of transfer.

§ 13. Before a decision is taken on transfers from the open to a closed prison post of the section 25 (5) of the penalty. In the name of 1-4, the inmates shall be made aware of the availability of assistance and the opportunity to express an opinion.

Paragraph 2. The decision shall be taken on the basis of the information available. The Department of Corrects shall decide whether it is necessary to obtain further information or to carry out the examination of personnel or prisoners for clarification of the circumstances. In the case of consultations, the interrogations shall be given the opportunity to approve the minutes of its explanation and shall be recorded in the minutes of the hearing whether or not the approval has been made.

Paragraph 3. Interrogations must be overawaed by one of the members of the Department of Corrections.

Paragraph 4. There must be a note on the decision taken. The memo must contain a reason for the decision. The justification must include a reference to the rule of law, the decision has been taken and to indicate the principal concerns which have been determined in accordance with the actual circumstances of the decision, which are essential for the decision, appear. The memo must also contain information about :

1) Date of when the decision has been notified to the inmate,

2) the inmates are informed of the rules of law which the decision has been made in accordance with, cf.. section 24 (4) of the administrative act. THREE, ONE. pkt., cf. section 24 (2). ONE, ONE. pkt., and

3) the inmates are guided by the possibility of a complaint to the Director Board of the Correction Office in the cases where this is stated in section 28 (2). 1, no. 3, and the time limit for filing a complaint, cf. § 28, paragraph 1. 3.

Imports of inmates from open prison to semi-munitions

§ 14. If it is considered inflamniable and transfer to the semi-arms section is considered relevant in relation to the needs of the intervention, then the inmates may be transferred from open prison to the semi-munitions section when the conditions of transfer to a closed prison are for : Present.

Paragraph 2. Section 11 and section 13 shall apply mutatis muth to the case of a transfer to the case of the semi-semi 1.

Inferment of inmates between uniform afsonation institutions

§ 15. Decision on the transfer of inmates between open prisons between open prisons, closed prisons intersections or between detention centres in accordance with the section 26 and decision on the transfer of inmates between the carpents between the carpents shall be taken by the law of the two-arms The area of criminal investigation. In the case of a transfer to an institution situated in another area of criminal jurisdiction, the decision on transfers shall be taken after the prior discussion with the area of the criminal area.

Paragraph 2. If the convicts are sentenced to life or detention, prior to transfer, prior to taking place, it shall be notification to the Executive Board of the Criminal Investigation.

Paragraph 3. If the two areas of criminal law differ on whether or not transfer is to be carried out, the matter is settled by the area of criminal jurisdiction, which has raised the issue of transfer.

§ 16. In the processing of cases of the transfer of inmates between uniform institutions after the section 26 (4) of the sentence of the sentence of the sentence. 1, no. Two-six, eight, and paragraph. Paragraph 13, paragraph 13, shall be found. 1-3, and paragraph 1. 4, no. 1 and 2, corresponding use.

Importation of inmates from jail to jail

§ 17. Decision on the transfer of inmates, which is a time-determined prison sentence, from the detention centre to prison after the section 27 of the Criminal Enforcement Act, shall be taken by the criminal area. In the case of a transfer to an institution situated in another area of criminal jurisdiction, the decision on transfers shall be taken after the prior discussion with the area of the criminal area. If the areas of criminal law differ on whether or not transfer is to be carried out, the matter is decided by the area of criminal law, which has raised the issue of transfer.

§ 18. Decision on the transfer of inmates who are sentenced to imprisonment for the imprisonment of life or detention from the detention centre to the Penitentiary Act of Section 27, shall be taken by the Executive Board of the Criminal Correction Office, by the Preceding of the Criminal Exoration. Before a decision is taken, a statement by the Attorney General on the question of transfer to open prison shall be obtained.

Paragraph 2. Even though the inmate is covered by paragraph 1. Paragraph 1 shall decide that transfer shall not be made, except in the area of the Criminal Investigate, when the issue of transfer to prison after paragraph 19 shall be taken up for consideration in the action of the Criminal Investigate.

§ 19. If the inmates in the decision on the choice of desonation institution shall be located in the house of succession pursuant to Article 21 (1) of the sentence of the sentence of Article 21. 3, no. 1 3, or the inmate has been transferred from prison to the post of Penal Office pursuant to Article 28 (1) of the Pension Code. 1, no. The question of whether the inmate in accordance with the Section 27 (2) of the Criminal Enforcement Act is to be taken on the matter of the Criminal Investigate Act. 1, shall be transferred from the post office to prison, up to consideration when, in accordance with the information available, it must be assumed that the conditions for transfer are present.

Paragraph 2. It is also incumbable to take the question, as referred to in paragraph 1, to the criminal field. 1, up to consideration when the inmate has implemented 2 unaccompanied exits without misuse as part of a regular exit cycle (Weekend exit).

Paragraph 3. Finally, the area of criminal law is to take the question, as mentioned in paragraph 1. One, up to consideration when the inmate has stayed in the arreshag for six months, since the question of transfer to prison has been considered at the end. However, this only applies when

1) an inmate who is sentenced to prison for less than five years shall be subject to regular unaccompanied exits (Weekend exit), or has been 1/4 of the penalty period,

2) an inmate who is sentenced to imprisonment for five years and up to eight years shall be permitted to have regular unaccompanied exits (Weekend exit) or has been 1/3 of the penalty period,

3) an inmate who is sentenced to a maximum sentence for eight years or longer time-term punishment shall be subject to regular unaccompanied exits (Weekend exit) or has been half a criminal period, or

4) an inmate responsible for the sentence of imprisonment for life or detention shall be subject to regular unaccompanied exits (Weekend Exit).

20. When the issue of a transfer to prison is taken up for consideration, the inmates shall be informed and given the opportunity to express their opinion.

§ 21. A note must be made on the position of the Department of Correctors to the question of transfer. If the Department of Corrections considers that the transfer should not be carried out, the memo must contain a reason for it. If the decision on transfers in accordance with section 17 or section 18 (2), In the field of criminal matters, the notation must also include information on :

1) date of when the decision has been notified to the prisoner, and

2) the inmates are guided by the possibility of a complaint to the Director Board of the Correction Office in the cases where this is stated in section 28 (2). 1, no. 7-8, and the time limit for filing a complaint, cf. § 28, paragraph 1. 3.

Paragraph 2. If the Department of Correctors considers that the transfer must be carried out and the decision after paragraph 18 (2) is to be carried out. 1, shall be made by the Executive Board of the Criminal Investigative Services and shall be informed of the inmates before the case is sent to the directorate.

Paragraph 3. In the case of the Department of Correctors, the transfer shall not take place and the decision after paragraph 18 (2) is not to be carried out. 1, shall be made by the Executive Board of the Criminal Investigative Order. At the same time, the inmates are asked if the case is being referred to the directorate. If the inmate wishes to do so, the matter will be submitted to the Directorate. Before the question of transfer to prison shall be submitted to the Directorate, the inmate shall have the opportunity to speak, cf. 20.

§ 22. In the case of the treatment of cases of transfer from the post office to the Penitentiary Penitentiary, in accordance with paragraph 27 of the sentence 2, no. Two-three, find paragraph 13, paragraph 13. 1-3, and paragraph 1. 4, no. 1 and 2, corresponding use.

Transfer of deposits from arresthus to the semi-cardboard ward

-23. If it is to be considered unfestering and transfer to the semi-arms section is considered relevant in relation to the needs of the intervention, the inmates may be transferred from the arresthus to the semi-carcase department when the conditions of transfer to a closed prison are present.

Paragraph 2. Section 17-18 shall apply by analogs to the case of a transfer to the case of half-arms in accordance 1.

Importation of inmates from prison to arresthus

§ 24. Decision on the transfer of inmates, which is a time-determined prison sentence from prison to the Penal post of Article 28 of the Criminal Enforcement Act, shall be taken by the criminal area. In the case of a transfer to an institution situated in another area of criminal jurisdiction, the decision on transfers shall be taken after the prior discussion with the area of the criminal area.

Paragraph 2. If the two areas of criminal law differ on whether or not transfer is to be carried out, the matter is settled by the area of criminal jurisdiction, which has raised the issue of transfer.

§ 25. Decision on the transfer of inmates, who are sentenced to imprisonment for the imprisonment of life or detention, from prison to the detention post of Article 28 (3) of the Penitentiary Act, 1 and 3 shall be taken by the Executive Board of the Criminal Investigate for the Department of Correction of the Department of Correction.

SECTION 26. In the processing of cases of transfer from prison to the post of the Penal Office, Section 28 (3). 1 and 2, section 13 (3). 1-3, and paragraph 1. 4, no. 1 and 2, corresponding use. The one in paragraph 13, paragraph 1. Furthermore, the note referred to shall indicate that the inmate is guided by the possibility of filing a complaint to the Executive Board of the Criminal InvestiOffice, cf. § 28, paragraph 1. 1, no. 4, and the time limit for filing a complaint, cf. § 28, paragraph 1. 3.

§ 27. Decision on the transfer from prison to the post of Penal Office for a specified period of time after the sentence of Article 28 (4) of the sentence of the sentence. Two, shall be made by the criminal area of the criminal area. If the transfer to an arresoffice is situated in another area of reference, the decision shall be taken in advance of the prior discussion with the area of the criminal area. If the two areas of criminal law differ on whether or not transfer is to be carried out, the matter is settled by the area of criminal jurisdiction, which has raised the issue of transfer.

Paragraph 2. If the convicts are sentenced to life or detention, prior to transfer occurs, shall be a notification to the Executive Board of the Criminal Investigation.

Chapter 3

Administrative claws and entry into force, etc.

§ 28. The following decisions taken by the Criminal Office may be enclared to the Executive Board of the Criminal Investigate :

1) A decision pursuant to Article 21 (1) of the Enforcement Act. 3, on the placement of arresthus.

2) A decision after the sentence of Article 22 (2) of the sentence. 3-5, about placing in a closed prison, if :

a) the decision concerns a conviction with a sentence of imprisonment for less than five years, and

b) the sentenced person shall not be released from a closed institution for a period of two years prior to the time of execution.

3) A decision of the sentence of Article 25 (2) of the penalty of criminal law. 1-4, transfer from the open prison to a maximum-security prison.

4) A decision pursuant to Article 28 (1) of the Enforcement Act. 1, transfer from prison to arresthus.

5) A decision on the section 24 of the sentence of Article 24 (1). 1 on the disceration of the transfer from a closed prison to open prison when the inmate is placed in a sealed prison after the sentence of Article 22 (22) of the sentence of Article 22 (1). Two-four, and has implemented two unaccompanied exits without misuse as part of a regular exit cycle (Weekend Exit).

6) A decision on the section 24 of the sentence of Article 24 (1). 1 on transfers of transfer from a closed prison to open prison when the inmate is transferred from the open prison to a closed prison after paragraph 25 (5). 1-4, and have carried out two unaccompanied exits without misuse as part of a regular exit cycle (Weekend exit).

7) A decision on the section 27 of the sentence of Article 27 (1). 1 on the discerning of the transfer from the post office to prison when the inmate is situated in the arrespost in accordance with section 21 (3). 3, no. 1-3, and carried out two unaccompanied exits as part of a regular exit cycle (Weekend exit).

8) A decision on the section 27 of the sentence of Article 27 (1). 1 on the discerning of the transfer from the post office to prison when the inmate has been transferred from prison to the post of detention post of section 28 (3). 1 and carried out two unaccompanied exits as part of a regular exit cycle (Weekend exit).

9) A decision pursuant to Chapter 7 of the Enforcement Act or transfer to a prison division or an arresthus, in which the sentence of section 33 (3) of the sentence is to be carried out. 2, it is determined that community should be carried out as a cell collectively with another inserted into his own lounge post after the details of the detector's detailed rule.

10) A decision on the transfer of a transfer from a prison department or an arresthus referred to in paragraph 1. 9, to an institution which is jointly in accordance with the provisions of Article 33 (3) of the Pension Act. 1.

Paragraph 2. A renewed decision on the transfer of the transfer in the measures referred to in paragraph 1. 1, no. 5-8 cases may be reported to the Executive Board of the Department of Correction, where six months have passed since the decision was taken on the question.

Paragraph 3. The Board of Corrective Services shall be made available within two months after the decision has been notified to the person convicted. The Executive Board of the Criminal Office may, in exceptional cases, be disregarded from this period.

Paragraph 4. A complaint to the Board of Corrective Office shall not apply to the Department of Correctional Services unless the Department of Correctional Services or the Directorate-General shall decide on this subject.

§ 29. The announcement shall enter into force on the sixth. May 2015.

Paragraph 2. Publication no. 775 of 26. June 2014 on the placement and transfer of persons who are to be sentenced to prison or detention (transfer and transfer notice) shall be repealed.

Ministry of Justice, the 30. April 2015

Mette Frederiksen

/ Johan Reimann