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Consolidated Act On Calculation Of Criminal Time, Etc. (Penalty Calculation Order)

Original Language Title: Bekendtgørelse om beregning af straffetiden m.v. (strafberegningsbekendtgørelsen)

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Table of Contents
Chapter 1 Preliminary provisions
Chapter 2 Decision of the number of days leading to truncation
Chapter 3 Withdrawal of penalties in the calculation
Chapter 4 End of the penalty
Chapter 5 Calculation of the time of the parole, etc.
Chapter 6 Calculation of the residual penalty
Chapter 7 Resumption of execution by penalty
Chapter 8 Residue to the retribution after parole
Chapter 9 Calculation of test and monitoring time
Chapter 10 Administrative Board Access
Chapter 11 Entry into force

Publication of the calculation of penal time and so on. (the impalculation of the sentence)

In accordance with section 19, section 75, paragraph 1. 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

Preliminary provisions

§ 1. The notice shall include the calculation of :

1) the end of the sentence following the withdrawal of the entire sentence (the date of end of the sentence),

2) the time of the possibility of parole pursuant to Article 38 (3) of the penal code. One and two, section 40 a, paragraph. Paragraph 1, and section 41 (1). 1,

3) other times to be calculated as part of the sentenced penalty,

4) the arrest time after the interruption,

5) changed dates after the repayment of the execution,

6) the penance for the parole, and

7) probation and monitoring time.

Paragraph 2. Penal proceedings shall mean the specific period of time during which the prison sentence is carried out, including the amount of time which, in accordance with the legislation, is to be taken into account in criminal proceedings.

Paragraph 3. The period of time expires at the beginning of the day of the death on the date of the termination of the penalty.

Paragraph 4. The number of days of the arrest record shall mean the number of days in which the sentenced person has returned to the day on which the sentence is aborted.

Paragraph 5. The number of days of retribution shall be understood as the number of days a paroid had returned to and with the date of termination, calculated from the actual release date.

§ 2. Punishment for days, including the arrest record and the repayment of the repayment of the probation, are calculated in such a way that each day is a calendar date. The sentence shall be calculated in such a way that each month is a calendar month so that a month has been the date on the corresponding date of the following calendar month. If the corresponding date does not exist in the later calendar month, because this is shorter, it will be replaced with the last day of the month. The year sentence shall be calculated that each year is a calendar year and shall be regarded as having gone on the corresponding date in the subsequent calendar year. Exists the corresponding date (the 29th. In February, this shall not be replaced by the 28th. Feb.

Paragraph 2. If the penalty is set to prison for a number of months, a number of days of which have been made conditional, cf. Penal code section 58, paragraph. 1, the calculation of the penalty period shall be carried out as if the condemned were to be carried out all the penalty, but the period thereafter reduced by a number of days corresponding to the entire part of the sentence, or-in the case of the calculation of the time of the release of the time of the parole ; -to the person concerned part of the conditional sentence. The reduction shall be made on the scale given in the last few days. Similarly, in cases where the sentenced penalty is determined in years and / or months, but at a pardon reduced by a certain number of days.

§ 3. Penal proceedings must be calculated if it is found that the calculated calculation has been flawed, or if the conditions are changed, as specified in the case of the conditions in question. Section 16 of the Enforcement Act.

§ 4. The calculations set out in section 1 (1). 1, no. 1 3, must be carried out by the criminal area which has implemented the execution of the punishment.

Paragraph 2. Calculations covered by Section 1 (1). 1, no. 4 to 7, and section 3 shall be carried out by the criminal area responsible for the proceedings, or who has released the sentenced person. If the condemned person shall be punished during the intensive monitoring and control of the provisions of Chapter 13 of the Criminal Enforcement Act, the calculations shall be made of the criminal area that leads or has controlled and control the sentenced person.

Paragraph 3. There must be a note on the date on which the convicted person has been made aware of the calculation, cf. section 15 -16 of the Criminal Enforcement Act, and on the possibility of bringing the issue of the calculation of the Department of Correction of the Criminal Investigenation, cf. § 24. 1, and the deadline for filing a complaint, cf. section 24 (2). The second paragraph shall also indicate that the convicted person shall be guided by the fact that the final administrative decision on the calculation may be required for the purpose of the calculation, cf. Section 112 no. 1.

Chapter 2

Decision of the number of days leading to truncation

§ 5. In the case of the criminal conviction of the case, the person who has been arrested, remanded or committed to mental examination shall be made up to the number of days which, in accordance with the rules of the penal code section, must be truncated in the penalty. The decision shall be made in accordance with the rules laid down 2-6. Where there is provision for the detention of the sentenced person in another case to be abbreviated in a second case, the Criminal Office of the Criminal Investigate Office shall inform the State of Correction of the punishment for the abbreviation ; and number of days to be truncated.

Paragraph 2. The assessment of the number of truncation days shall be made on the basis of the information in the judgment on the duration of detention, deposit and isolation resulting from truncation, cf. Penal Code Section 86 (3) of the penal code ONE, THREE. Act. If the penalty is laid down as a common punishment, the information on the duration of detention of detention, entries and isolation from prior conditional sentences covered by the common punishment shall also be included.

Paragraph 3. The number of truncation days shall be counted from the day on which the arrest, imprisonment or presentation has been carried out until and with the date on which it has been terminated. If the detention or submission of detention later on the same day as it was brought to an end, this is considered to be a continuous period. If the convicted person in custody is sentenced after final judgment, the number of days only shall be declared and the day before the execution of the prison sentence is deemed to have been started, cf. Section 14 (4) of the sentence of the sentence. 2.

Paragraph 4. If the convicted person has been isolated from the rule of law, then the number of truncation days in accordance with paragraph 1 shall be taken to the number of truncation days. 3, further one day for the first isolation day, and another day for each subsequent three-day period, the application of the isolation has taken place.

Paragraph 5. The total number of days, in accordance with paragraph 1, 3 and 4 are the truncation days to be included in the calculation, cf. § § 11-16.

Paragraph 6. The number of truncation days shall be disclosed separately for each punishment to be held by the condemned person.

§ 6. If the penalty is carried out (additional) deduction because the sentenced person is being held in custody or remanded into a mental examination in another case, and shall be charged or the person concerned shall be subject to the period in question, in accordance with the conditions laid down in the case of the person concerned. Section 18 (1) of the penalty of criminal law. Two, the penalty is to be recalculate.

Paragraph 2. A new calculation of the number of truncation days shall be used in the calculation of the conversion. For the charted truncation days, cf. section 5 and section 7 shall be added a number of days corresponding to the time of the detention or collection of the period, disconnected from the day on which the execution was interrupted and the day on which the execution is resumed, increased by 50% and rounded up. to the nearest whole number of days. It says that the convicted more time-based prison sentences, cf. Section 8, shall be truncation to be carried out in the most recent sentence.

Paragraph 3. The total number of days laid down in section 5, section 6 (4). 2, and section 7 is then the truncation days to be included in the new calculation.

Paragraph 4. The number of truncation days shall remain separately for each punishment to be carried out by the condemned person.

§ 7. If the penalty is to be carried out (additional) deduction because the condemned unwashed have been placed in interrogation cell, penalty cell, security cell, or excluded from a community, cf. Section 18 (1) of the penalty of criminal law. 3, a recalculation of criminal proceedings shall also be carried out.

Paragraph 2. A new calculation of the number of truncation days shall be used in the calculation of the conversion. For the charted truncation days, cf. section 5 and section 6 shall be added to half the number of days corresponding to the nearest whole number of days, of the number of days the procedure has been taken, from the day on which the procedure has been initiated until and with the day the procedure has been put to an end. It says that the convicted more time-based prison sentences, cf. Section 8, shall be truncation to be carried out in the most recently sentenced to the procedure prior to the procedure.

Paragraph 3. The total number of days, named after section 5, sections 6 and section 7 (4). 2, then, the truncation days to be included in the new calculation.

Paragraph 4. The number of truncation days shall remain separately for each punishment to be carried out by the condemned person.

Paragraph 5. The specification of abbreviation days as referred to in paragraph 1. 1-4 shall not be carried out until a decision has been taken to allow the intervention to be unwashed, cf. Section 106 and Section 1 (1) of the penalty of criminal law. 2, in the notice of the treatment of the requirements of the sentenced and remand arrears on compensation in the event of unowed intervention during the enforcement of the penalty and so on.

Chapter 3

Withdrawal of penalties in the calculation

Desonation Units

§ 8. Multiple prison sentences which may be enforced but which have not yet been passed are included in a total calculation, cf. Section 17 of the execution of a criminal law. Penalty is then a unit.

Paragraph 2. In the same way, further prison sentence is included under the penalty of the penalty in a new aggregate calculation of the penalty period (recalculation), cf. the section 16-17 of the sentence. It is a prerequisite that the execution order is granted before release takes place.

Paragraph 3. If a paroid is to be pasted for the release of the retribution, the sentence of the second prison sentence, the prison sentence and the sentenced prison sentence in a total calculation of the penalty period shall be subject to the sentence of the sentence of the sentence.

Paragraph 4. The forage penalty shall be included in a total calculation from the date on which the execution of the transformation is carried out, cf. Section 18 (2). THREE, TWO. Prectangle, in the notice of the initiation of prison sentences, imprisonment for imprisonment, and the penalty of transformations for fine.

Sequence

§ 9. If the condemned are to be sentenced to death, the penalties must be included in the calculation one at a time in the order in which they are sentenced. If a prison sentence is to be carried out in connection with the arrest of the arrest, then the remainction of the sentence shall be sentenced to imprisonment.

Paragraph 2. If the condemned person shall be sentenced to death penalty penalties, they shall be included in the calculation one at a time in the order in which the fines are set or adopted.

Paragraph 3. If the penalty is to be fined for the fine of sentenced to prison sentence, the penalty should not be involved until all the other penalties are involved.

Chapter 4

End of the penalty

Calculation of the date for the end of the sentence (time-specific penalty)

§ 10. The starting point of the calculation shall be the date on which the sentencing is to be considered as initiated, cf. Section 14 (4) of the sentence of the sentence. Two and three. In cases where the court of final judgment and the sentenced person on the loose, decide on detention, shall be deemed to have been carried out on the day on which the sentenced person is held (pretensile imprisonment).

Paragraph 2. The calculation shall be made in each case according to the rules in section 11.

Paragraph 3. Should more penalties be included in the calculation, cf. Section 8 repeats the procedure in section 11 (1). 1, no. 1 and 2, for each penal in the order in which the section 9 is to be included in the calculation. The calculation shall be continued in this way until all penalties have been taken.

§ 11. The one that performs the calculation shall :

1) dates from the date on which the sentencing is deemed to have been initiated, a number of days remaining corresponding to the number of days to be truncated according to the rules in section 5 to 7, and

2) from such a date on the calendar, a number of years / lunar / days up the date corresponding to the unconditional prison sentence, to the conversion penalty or to the penal penalty.

Paragraph 2. The date of arrival in the calculation referred to in paragraph 1. The date of the end of the sentence shall be the day of termination, unless the sentenced person has to be more penalised and the procedure laid down in paragraph 1. 1, no. 1 and 2, therefore, must be repeated, cf. ~ 10 (1)) 3. In that case, the date of origin shall be the starting point for the continuation of the calculation.

Chapter 5

Calculation of the time of the parole, etc.

§ 12. The calculation of the date on which persons sentenced to time may, where appropriate, obtain parole, cf. Penal code, section 38, paragraph. 1 shall be as specified in Chapter 4, including on the calendar to go back and forth, however, a number of years / months corresponding to the entire sentence, the whole transformation or the entire balance shall be replaced by a single year ; number of years / lunar / days corresponding to two thirds of this.

Paragraph 2. The date of arrival shall be the date of the possibility of parole in accordance with Article 38 (5) of the penal code. 1, cf. however, paragraph 1 3 and 4.

Paragraph 3. In all cases, it is a precondition for the release of the detention, including the time for which truncation has been taken, has lasted for at least two months. If this is not the case, the time of the possibility of parole is the day in which two months have been passed.

Paragraph 4. If one or more combination of combinations of (together) more than two months of unconditional imprisonment is included in the calculation, it is a precondition for the release of the detention, including the time for which truncation has been truncation has been at least ; for as long as the sentence is unqualified under the penal code section 58 (3). If this is not the case, the time of parole is the day on which a period of time similar to the sentenced unconditional punishment has eluated.

Paragraph 5. In the cases covered by Section 2 (2), In the calculation of the release date only a number of days corresponding to two thirds of the sentence or two-thirds of the number of days reduced by pardons shall be reduced by the calculation of the parole date only a number of days corresponding to two thirds of the sentence of the sentence or equivalent to two thirds of the number of days reduced by

Paragraph 6. A arrival at the split of a number of months is so shared that two thirds of two months are set to 1 month and 10 days and two-thirds of one month is set to 20 days. A new arrival of a fraction of a fraction of a day shall not be included in the calculation.

§ 13. For the calculation of the time of the possibility of parole pursuant to Article 38 of the penal code, section 38 (4). 2, when the condemned has passed half of the penalty, a corresponding procedure is used as specified in section 12, however a number of years / months corresponding to two-thirds of the penalty, the sentence of transformation or the remainder of the sentence is replaced by a number of : Year / lunar / days corresponding to half of this.

Paragraph 2. A arrival at the split of a number of months is so shared that half of 1 month will be set to 15 days.

§ 14. For the calculation of the time of the parole in accordance with the Penal Code, section 40 (a) of the penal code. 1, where the sentenced person has passed half the penalty, the corresponding procedure shall be applied as specified in section 13.

Paragraph 2. In all cases, it is a precondition for the release of the detention, including the time for which truncation has been taken, has lasted for at least two months. If this is not the case, the time of the possibility of parole is the day in which two months have been passed.

§ 15. For the calculation of the time of the possibility of parole after the period of 12 years of imprisonment of a sentence of imprisonment for life, cf. Penal code section 41 (4). 1, the calculation of the date on the date on which the sentencing is considered to be commenced, shall be that of 1,

1) go a number of days, corresponding to the number of days to be truncated according to the rules in section 5 to 7, and

2) from the date on which the date of the date comes to the date of the corresponding date 12 years later.

Paragraph 2. If the sentence is to be sentenced to a sentence of life in prison, the calculation shall be carried out by conducting a total calculation of the time of the possibility of parole following the release of two-thirds of the time-penalty period, cf. section 12, and the time of the possibility of parole following the release of 12 years of the sentence of the sentence of imprisonment for life, cf. paragraph 1.

§ 16. For the calculation of other times to be calculated as part of the penalty, a corresponding approach is to be applied as specified in section 12, however, a number of years / months / days corresponding to two thirds of the penalty shall be replaced by a number of years / months / days corresponding to the part of this.

Chapter 6

Calculation of the residual penalty

§ 17. When the execution of the punishment is interrupted, cf. Section 75-76 of the penalty of criminal law shall be recorded on the date on which the interruption has occurred.

Paragraph 2. As the date for the suspension, the day on which it was sentenced

1) has elesated the execution by evading or disposing of the institution ;

2) has evaded the execution by leaving his domicile outside the period of time when the sentenced person shall be punished in the case of the place of residence under intensive surveillance and control following the provisions of Chapter 13 of the Criminal Enforcement Act.

3) fails to return in good time after a permitted absence,

4) be held or held in detention for at least 24 hours,

5) be released in accordance with a prior authorisation for postponement with the execution of part of the sentence (split), or, by the way,

6) are released after having been authorized to be suspended.

Paragraph 3. If a convict who is to travel to the Office of the Office after the execution is initiated at a meeting of the house of succession and so on shall not arrive at the institution without undue delay, the execution shall be deemed to have been interrupted on the day of departure.

§ 18. If the convicted time penalty is calculated, the remaining penalty period shall be calculated as the number of days on which the termination day has returned to the day and with the end of the sentence for the end of the sentence, cf. Section 1 (1). 4.

Paragraph 2. The execution before the time of the possibility of parole pursuant to Article 38 (4) of the Penal Code shall be broken down. Paragraph 38 (1) of the penal code, if applicable. 2, section 40 a, paragraph. Paragraph 41 (1), or of the penal code. 1, at the same time, calculate the number of whole days that the person in question remains to be released until the release of the parole. Similarly, where appropriate, other parts of the penalty which have an impact on the execution of the penalty shall be applicable, cf. § 16.

Chapter 7

Resumption of execution by penalty

Calculation of changed dates

§ 19. The sentence shall be deemed to be resumed on the day the condemned encountment shall continue to be carried out on punishment or under arrest, or the day of detention, under penalty of the penalty, shall cease.

Paragraph 2. However, if the convicted person in connection with the apprehension / arrest of the arrest was held, the execution shall not be deemed to be resumed until the detention detention is terminated. If the enforcement of the sentence of imprisonment or measure is implemented abroad, the execution of time-determined sentence shall continue to be suspended until such time as the end of the penalty or the measure. The same shall apply in cases where the sentenced person shall be deprived of detention after the penal code section 68-70 and the court has not at the same time taken the decision to waste the punishment, cf. Penal code § 89 a.

20. When the execution of time-specific punishment is resumed, calculated

1) the modified date of the end of the penalty ; and

2) changed times for the possible parole, etc.

Paragraph 2. The person responsible for the calculation shall, from the date on which the execution is resumed, shall take a number of days up to the period in which the residue has been taken, cf. Section 18 (2). 1. The date of arrival has been the amended date for the end of the penalty.

Paragraph 3. The times for the possible parotation etc. shall be calculated from the date on which the execution is resumed, to go a number of days up to the notated residues pending the possibility of parole, etc., in accordance with the date of the necessary parole, etc., Section 18 (2). 2.

Paragraph 4. Similarly, as set out in paragraph 1, 3, calculate the changed time of the possibility of parole, cf. Penal code section 41 (4). 1, through the resumption of the imprisonment of life imprisonment.

Paragraph 5. If the sentence is to be sentenced to a sentence of life in the same way, the calculation shall be calculated in accordance with paragraph 1. 4 by using an equivalent procedure as set out in section 15 (3). 2.

Paragraph 6. Date of arrival of the projections referred to in paragraph 1. 2-5 replaces the dates, calculated according to the rules laid down in Chapters 4 and 5.

§ 21. In addition to the arrest record, the sentence shall be further penal sentence, cf. § 8 (3) 2, where the calculation is based on the date which has been obtained in the calculation of the residual penalty period, see. Section 20 (2). 2, involve the prison sentence, which is further sentenced,

1) to go a number of days, corresponding to the number of days to be short-breeated as regards this penalty and

2) from such a date on the calendar, a number of years / months / days up corresponding to the prison sentence.

Paragraph 2. Date of arrival at the calculation of paragraph 1. One is the new date for ending the penalty.

Paragraph 3. The time for the possibility of parole pursuant to Article 38 (4) of the penal code. 1 shall be calculated in the same way, however, starting from the date on which the period of release of the period shall be calculated, pending the possibility of parole, in accordance with the date of the release. Section 20 (2). 3, and so that a number of years / months / days corresponding to the entire sentence of the sentence shall be replaced by a number of years / months / days corresponding to two thirds of this. For the calculation of other time for conditional release, cf. Penal code, section 38, paragraph. 2, section 40 a, paragraph. 1, or any other part of the penalty, is used a similar procedure so that a number of years / months corresponding to the sentence of the sentence shall be replaced by a number of years / lunar / days corresponding to that part of the sentence.

Paragraph 4. Where there is no prior offence, a possible release of the time in accordance with the penal code section 38 (3) of the penal code. 1, during the resumption of the execution, the number of whole days that at the interruption was returned shall be calculated until the time when the condemned would have been sentenced to two-thirds of the sentence sentenced before the offence. Section 18 (2). 2, shall apply mutatis mutis. The one that performs the calculation shall then be obtained from this date ;

1) go a number of days, corresponding to the number of days to be short-breeated as regards the sentence of the person concerned and

2) from such a date on the calendar, a number of years / months / days up corresponding to the further sentence of sentence.

Paragraph 5. For the calculation of other time for conditional release, cf. Penal code, section 38, paragraph. 2, section 40 a, paragraph. Paragraph 1, or any other part of the penalty, shall be found. 4 similar applications, with two-thirds of the sentence sentenced before the offence is replaced by the relevant part of the offence.

Chapter 8

Residue to the retribution after parole

§ 22. When the condemned person who is in a time-determined prison sentence is released on trial, the notation is made on the actual release day, as well as the calculated retributing, cf. Section 1 (1). 5.

Chapter 9

Calculation of test and monitoring time

-23. The trial of probation or conditional pardon shall be taken from the date on which the convicted person has actually been released, cf. however, paragraph 1 2.

Paragraph 2. If the sentenced person is convicted of the entire punishment, or whether it is made provision for this or on probation, following the release of the convicted felon, the test shall be the date of the decision.

Paragraph 3. Where conditions are laid down for the release to be subject to supervision, the monitoring time shall be calculated in the manner set out in paragraph 1. One and two.

Paragraph 4. Expiration of sample or monitoring time shall be the beginning of the day of death.

Chapter 10

Administrative Board Access

§ 24. Decisions taken by the Criminal Investigation of Penal Calculation, cf. The Criminal Court of Criminal Enforcement Act, section 14 and section 16, may be complained to the Board of Correction of the Department of Correction, unless the complaint is motivated by disagreement on the interpretation of the criminal judgment, cf. Legal spellletop, section 998.

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. 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.

Chapter 11

Entry into force

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

Paragraph 2. Publication no. 728 of 25. June 2011 on the calculation of penal time and so on. (The sentence is hereby repealed).

Justice Department, the 9th. April 2015

Mette Frederiksen

/ Johan Reimann