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Ordinance For Enforcement Of The Penalty At The Place Of Residence Under Intensive Monitoring And Control (Notice Of Penalty Application On The Place Of Residence)

Original Language Title: Bekendtgørelse om fuldbyrdelse af straf på bopælen under intensiv overvågning og kontrol (bekendtgørelse om strafudståelse på bopælen)

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Table of Contents
Chapter 1 Definitions
Chapter 2 The start of the case, etc.
Chapter 3 Supportive effect of application
Chapter 4 Fitness investigation, activity schema, etc.
Chapter 5 Conveniance and implementation
Chapter 6 Supervision and control
Chapter 7 Non-Persistent transfer to arresthus or imprisonment and revocation of the grant of the impunity on the place of residence
Chapter 8 Administrative Board Access
Chapter 9 Entry into force

Completion of the enforcement of the sentence of the place of residence under intensive surveillance and control (notification of the enslament of residence)

In accordance with Article 78 a (a), Article 78 (3), Section 78 (d) 2, Section 78 f, paragraph 3, 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

Definitions

§ 1. ' In the case of the impunity of the place of residence ' shall mean the enslament of penalties in the place of residence under intensive surveillance and control after the Enforcement Act Chapter 13 a.

§ 2. For the purposes of this notice, the term ' aptitude assessment ` shall mean the examination of the personal nature of the judiciary, including their housing, employment conditions, physical and mental health, as the State of Corrections, Section 78 b (b) of the sentence of the Penance Act. 4, shall make use of the assessment of whether the sentenced person satisfies the conditions of section 78 b (b) of the penalty of criminal law. 1, no. 1-3, cf. however, paragraph 1 2, as well as the assessment of the imposition of impunity in the place of residence as a result of the situation of the judiciary are not appropriate.

Chapter 2

The start of the case, etc.

Orientation of the convicted

§ 3. When the criminal field in accordance with the rules on the implementation of prison sentences has been received notice that a person is to be sentenced to prison, a letter is sent to the person concerned if it satisfies the conditions of : Article 78 (a) of the sentence of the law of penalties. One or two. The letter shall be informed of the person concerned :

1) the possibility of applying for the payment of the penalties in the place of residence,

2) the conditions for granting authorization to the penalty on the place of residence, cf. Section 78 b (b) of the sentence of the Penance Act. 1-3,

3) the conditions for the authorisation to be the penalty for the place of residence, cf. Section 78 c of the penalty of criminal law, and

4) the conditions under which an application for authorisation to be granted the penalty on the place of residence shall be attached to the termination effect, cf. § 5.

Paragraph 2. Orientation in accordance with paragraph 1 However, 1 is not sent if the convicted person does not have a populator address. The same shall apply where the police chief has informed the State of the investigation that the consideration of the preventive activities of the police is deemed to require the sentencing of the sentence without waiting for the examination of an application for a penalty of criminal activity ; the place of residence.

Paragraph 3. Orientation in accordance with paragraph 1 In addition, 1 is not sent if the convicted person is less than 18 years old. Instead, it is called upon to have a conversation as soon as possible.

Paragraph 4. In addition, the Department of Criminal Investigation may not send an orientation letter, as mentioned in paragraph 1. 1, whose authorisation will be refused, because the specific reference to law enforcement requires this, in accordance with the provisions of the law. Section 78 b (b) of the sentence of the Penance Act. 3.

Competence to take a decision by the rules of this notice

§ 4. Decisions on the enforcement of penalties in the place of residence of the provisions of Chapter 13 of the Criminal Enforcement Act pursuant to this shall be made by the criminal area where the sentenced person is domiciled, unless otherwise agreed.

Paragraph 2. The defendant shall be carried out by the criminal area where the sentenced person is domiciled, unless otherwise agreed.

Chapter 3

Supportive effect of application

§ 5. In the case of the Criminal Investigate area within 14 days of the date on which it is referred to in section 3 (3), The letter referred to in Article 1 (1) has received an application for sentencing to the person of residence from a convicted person on the loose, suspended the sentence until a decision has been taken as to whether or not this application may be met.

Paragraph 2. For persons convicted of penal code § 119, § 123, § 192 (a) (i). 1, no. 1 if the infringement relates to firearms held, worn or used in a public place, section 216, section 244-246 or arms and explosives, section 10 (4). 2 if the infringement relates to the possession of a knife in the public place, it shall be in accordance with paragraph 1. 1 that time limit of 7 days.

Paragraph 3. In other cases, if special reasons are to be found, the Criminal Court may decide to suspend the sentence until a decision has been taken as to whether the application for the penalty on the settlement of the sietch can be met.

Paragraph 4. However, an application for the impunity of the residence may not be conferred if the Commissioner has informed the State of the investigation that the consideration of the preventive activities of the police is deemed to require that the condemned start to take place ; the execution without waiting for the examination of an application for the impunity of the residence of the Member State, cf. Article 78 (a) of the sentence of the law of penalties. 3, 3. Act.

Chapter 4

Fitness investigation, activity schema, etc.

General on the suitability survey

§ 6. When a convicted person has filed an application for authorization to carry out the penalties in the place of residence, an examination of the suitability of the sentence shall be carried out by the Criminal Investigate State. If the criminal sorrow is already familiar with the person's personal relationship, and it is clear that the sentenced person does not satisfy the conditions of impunity in the place of residence, in accordance with the conditions laid down in the Member State of residence, Section 78 b (b) of the sentence of the Penance Act. 1, cf. however, paragraph 1 Two, or paragraph. 3, may commence a more detailed examination of the condemned to be omitted.

Paragraph 2. Before commencement of the suitability study, it must be ensured that the sentenced person has given written consent to,

1) the procedure for processing shall be obtained for the information on the person concerned from the Central Criminal Register ;

2) the extent to which it is necessary for the organisation and execution of the enslavement of the Member State of residence to the extent necessary to provide information on the criminality of the judiciary and so on to persons who have the same address as the sentenced person who is more than 18 years old ;

3) the extent to which it is necessary for the organisation and execution of the enslavement of the Member State of residence to the extent necessary to provide information on the criminal activity of the judiciary and so on shall be communicated to the person concerned, place of work, training, or similar, including for the purpose of the appointment of the contact person to notify the Criminal Investigate if the person sentenced in whole or in part misses its work, training or the like, and

4) the extent to which it is necessary for the organisation and execution of the impunity of residence, to the extent necessary for the organisation of residence, to collect information from other detectives.

§ 7. In connection with the suitability study, in writing, it shall be obtained in writing from persons who have the same residence as the sentenced person and shall be over 18 years to be assisted in the place of residence, see it in accordance with the sentence of the Member State. Section 78 b (b) of the sentence of the Penance Act. 1, no. 3.

In particular, the production of activity schedule and so on.

§ 8. Before the time of sentencing to the Member State of residence, the Criminal Investigation Area shall be drawn up in cooperation with the condemned one activity scheme. In the event of the activity, it shall be indicated in the event of the period during which the sentenced person shall :

1) to be found in the place of residence,

2) go to work or training, or similar,

3) participate in any programme activities,

4) participate in any processing, and

5) the inspection visits to the criminal area of the criminal area, etc.

Paragraph 2. In the event of the event, it shall also show that the period during which the condemned may leave its place of residence in order to make personal purchases, clothing dishes, etc. These periods shall be determined in such a way as to make up to 4 hours a weekly basis.

Paragraph 3. In addition, the activity scheme must indicate within which time the convicted person may leave his domicile for special activities with a resocialised purpose in up to 4 hours weekly.

Paragraph 4. The activity scheme shall also specify that the person sentenced in days when the person concerned does not have any activity outside its place of residence may not be outside the sietch. This can be done in the first month of the probe for two hours on a daily basis in the second paragraph. month of departure for 3 hours on a daily basis in the third. and 4. the month of the probing for 6 hours daily and in the fifth. and 6. the month of the probe for eight hours a day. If the person sentenced more than two activity-free days in one week, the person concerned may be outside the sietch for two hours without the sietch.

Paragraph 5. The activity scheme shall also specify the extent to which the sentenced after 30 days of impunity on the residence of the Member State may leave his domicile in 16 hours in the even-handed period over 2 activity-free days, however that not more than 14 hours shall be phased out in the case of : Same day. In the weeks in which such an option is used, it shall replace the possibility of leaving the place of residence in the number of hours fixed for the week in question after paragraph 1. FOUR, ONE. and 2. Act.

Paragraph 6. Stay outside the residence in accordance with paragraph 1. 4 and 5 can occur in the time space from time to time ; 6 for at 22 and a maximum of two days a week. However, if the person convicted has more than two even-free days a week, however, the hours may be allocated more than 2 days, but so that the total number of hours in which the sentenced person has permission to stay outside of the sietch remains unchanged. The permit to stay outside of the place of residence, in accordance with paragraph 1. 4 and 5 shall not be combined with a permit given in accordance with paragraph 1. Two and three.

Specific information on the establishment of a programme

§ 9. Identification of the programme undertaking to which the convicted person may take part, cf. Section 78 c (c) of the sentence of the sentence. 1, no. 6 shall be based on the need for assistance, support and guidance provided by the person being given to the judiciary and the time-scale of the impunity.

Especially on the intake of urine and extraction tests

§ 10. There must be no other persons present in the room where the sentenced person shall be given a urine sample after the sentence of Article 78 b (b) of the sentence of the sentence of the Pension. 4, final pkt., cf. however, paragraph 1 2.

Paragraph 2. The area of crime may, where necessary, determine the need for the urine sample to be transferred by the staff of the detector.

Paragraph 3. Forgication of the urine sample provided for in paragraph 1 Two may only be overweised by the same sex as the convicted person.

Paragraph 4. There must be a note of the submission and the results of the urine sample.

§ 11. Dedication of exoneration test of a Section 78 b (b) of the Pension Act. 4, last prectangle, overweight of personnel from the criminal field.

Paragraph 2. There must be note of the publication and the outcome of the extraction test.

Chapter 5

Conveniance and implementation

§ 12. When the area of criminal law has taken a decision that a sentence is to be sentenced on the place of residence, it shall be attribuculated to sententions.

§ 13. The condemned must be attribumed to a period of at least four weeks before the date of implementation. For persons convicted of penal code § 119, § 123, § 192 (a) (i). 1, no. 1 if the infringement relates to firearms held, worn or used in a public place, section 216, section 244-246 or arms and explosives, section 10 (4). 2 if the infringement relates to the possession of a knife in the public place, the deadline for the termination shall be 10 days. A 10-day grace period shall also apply where the police chief has informed the State of the investigation that the consideration of the preventive activities of the police is deemed to require the sentencing of the sentence without waiting for the treatment of a person ; application for the enslament of the Member State of residence. If the sentenced person agrees to this, then, in the case of a shorter notice, they may be summons in the case of 1. -3. Act.

Paragraph 2. Commencing shall be carried out within six weeks of the date of the decision in the case. For persons convicted of penal code § 119, § 123, § 192 (a) (i). 1, no. 1 if the infringement relates to firearms held, worn or used in a public place, section 216, section 244-246 or arms and explosives, section 10 (4). 2 if the infringement relates to the possession of a knife in the public place, however, the implementation shall be made within 30 days of the date of the decision. The same shall apply where the police chief has informed the State of the investigation that the consideration of the preventive activities of the police is deemed to require the sentencing of the sentence without waiting for the examination of an application for a penalty of criminal activity ; the place of residence.

Paragraph 3. If the practical organisation of the impunity shall, exceptionally, make it necessary, the time limits referred to in paragraph 1 shall be possible. Two, deviated.

§ 14. The sentence shall be applied when the criminal area gives the condemned notification to this effect, cf. Article 8 (8) of the penalty of criminal law. 4.

Chapter 6

Supervision and control

§ 15. For the purposes of the supervision of the sentenced person, cf. Section 78 d (1) of the penalty of criminal law. 1, the Department of Corrections shall be provided to support and guide the condemned person in order to improve the ability of the judiciary in order to live in a criminal-free life and to exercise control over the judgment of the conditions which apply to : Enforcement.

§ 16. In order to improve the opportunities of the judiciary in order to live in a criminal-free life, the area of criminal law shall be responsible for the purposes of the offence of the possibility of the criminal investigation ;

1) guide and assist the judged on the working, educational, social and personal conditions of the person concerned ; and

2) communicate contact with persons, institutions and authorities, which, in accordance with other legislation, may provide the sentenced assistance.

§ 17. The Department of Correctives shall lay down the rules necessary for the implementation of the supervision and conditions of authorisation.

Paragraph 2. The conditions for treatment, participation in any programme activities, etc. shall be undertaken by the criminal area immediately following the application of the enquilition. It is the responsibility of the Department of Correctors to ensure that such conditions are met.

§ 18. The extent of the contact between the criminal area and the judgment during the execution shall be determined by an overall assessment of the need for support and control, and in the light of the rules in section 20-21.

§ 19. The checks carried out in accordance with the conditions laid down for the authorisation shall be carried out, inter alia, by means of the judgment during the execution of the execution of the period of time by an electronic transmitter, by electronic means, by means of the initiation of the contract ; The sentencing shall be constituted on the person of the person being sentenced.

20. Furthermore, checks and inspections shall be carried out by :

1) the area of criminal law shall make on-the-spot checks and inspection visits to the place of residence, the workplace, the educational site or the like, and

2) the condemned person shall be subject to the criminal area of the Criminal Investigate.

§ 21. The number of inspection visits and inspection tests shall be determined on the basis of an assessment of the need for control and supervision in the individual case, however, so that the area of detector shall be 1-3 unannounced visits to the sietch per week, and at least one inspection boaying to a place of work, training, or similar a week.

Paragraph 2. The determination to the extent to which the convicted person is to be met in the area of the Criminal Exortion shall be determined, cf. Section 78 c (c) of the sentence of the sentence. 1, no. 8 is based on an assessment of the need for supervision and control in the individual case.

§ 22. The exchange of samples and urine samples may, inter alia, be taken during inspection visits to the sietch, or when the convicted meetings in the area of the Criminal Exaeration.

Paragraph 2. sections 10 and 11 shall apply by analoging to the submission of the exhalation and urine tests provided for in paragraph 1. 1.

-23. The range of detectives may allow the sentenced to be outside the sietch in the event of the period during the event schedule, in addition to the period laid down in the activity table.

1) to visit a nearby person who is seriously ill,

2) to be present at a near-person's funeral,

3) to appear in court or to other public authorities in cases where the public authority considers it to be necessary ; or

4) medical examination or treatment or other similar treatment, which is not appropriate to the place of residence.

Paragraph 2. The Department of Corrects may also allow convicted felons to be punished for 30 days or more, with a view to visiting the presence of close persons at major family events.

Paragraph 3. The Department of Correctional Services may, by the way, permit the person to stay outside the sietch in addition to the periods specified in the activity table if there are other similar weighing reasons other than those referred to in paragraph 1. Paragraph 1 and paragraph. Two mentioned.

Chapter 7

Non-Persistent transfer to arresthus or imprisonment and revocation of the grant of the impunity on the place of residence

§ 24. A permit for the impunity of the residence may be revoked in accordance with the rules of Section 78 e of the penalty.

§ 25. Temporary transmission to prison or arresthus after the Article 78 (f) of the sentence of the sentence of the Pension Act. Two, will be carried out by a practical assessment. Temporary transfer must, as a general rule, be carried out in the event of a clear understanding that the granting of the authorisation of the residence of the country of residence must be revoked, including, if any, the convicted felon ;

1) have been ascertained by alcohol, eupreizing substances or similar,

2) refuses to take urine or exoneration test,

3) no longer has a permanent residence,

4) after participation in non-residence activity without reasonable justification, return to the residence for a long period of time after the period specified in the activity scheme, or

5) has left the sietch outside of the periods defined in the activity table.

Paragraph 2. Temporary transmission to prison or arresthus must be carried out in immediate connection with the decision of the Criminal Office, if necessary with the assistance of the police.

SECTION 26. A decision on the withdrawal of a permit for the withdrawal of the residence shall be taken as quickly as possible. In the same context, a decision shall be taken in which prison or arresthus the sentenced person shall be the remaining part of the sentence.

Paragraph 2. If the Department of Correction of the Criminal Investigate shall decide on the withdrawal of the authorization against a convicted felon of a convicted prison or an inheritance, the sentenced person shall be transferred to the prison immediately and in the immediate end of the service. or arresthus, where the remainder of the punishment is to be completed, cf. paragraph 1. The condemned may temporarily be transferred to another species of arresor or to a prison sentence.

Paragraph 3. If the Department of Correction of the Criminal Investigate shall decide on the withdrawal of the authorisation of a convicted person on the residence of the person concerned, the sentenced person shall be transferred to the prison or the house of arresthus, where it is to be carried out in the immediate end and in the immediate end of the service. the remaining part of the punishment shall be completed, cf. paragraph 1. The condemned may temporarily be transferred to another species of arresor or to a prison sentence.

Chapter 8

Administrative Board Access

§ 27. The decision of the Department of Corrections for the withdrawal of a permit for the withdrawal of a grant to the place of residence of Article 78 of the Member State of residence shall be subject to the Board of Corrections of the Criminal Investigate.

Paragraph 2. 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 3. Complaining to the Direqutorate of the Correction 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.

Chapter 9

Entry into force

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

Paragraph 2. Publication no. 759 of 24. June 2013 on the enforcement of penalties in the place of residence under intensive supervision and control (announcement of the impunity on the residence of the sietch) shall be repealed.

Justice Department, the 9th. April 2015

Mette Frederiksen

/ Johan Reimann