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

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
Overview (table of contents)



Chapter 1



Introductory provisions





Chapter 2



Statement of the number of days, resulting in shortening





Chapter 3



Involvement of more criminal in the calculation





Chapter 4



Punishing hours





Chapter 5



Calculation of the time of possible parole, etc.





Chapter 6



Calculation of residual criminal time





Chapter 7



Resumption of execution after penalty interruption





Chapter 8



Calculation of residual penalty after parole





Chapter 9



Calculation of test-and tilsynstid





Chapter 10



Administrative redress





Chapter 11



Date of entry into force of



The full text of the Consolidated Act on calculation of criminal time, etc. (penalty calculation order)

Under section 19, article 75, paragraph 2, and section 111, paragraph 3, of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 435 of 15. may 2012, as amended by Act No. 739 of 25. June 2014, fixed: Chapter 1 preliminary provisions § 1. The notice includes the calculation of 1) punishing hours after application of the whole penalty (the date of finishing the penalty application) 2) time of possible parole after Penal Code § 38, paragraphs 1 and 2, section 40 a (1) and section 41 (1), (3)) other times to be calculated as part of the penalty, 4) residual criminal time after penalty 5) modified the dates after the interruption, resumption of criminal enforcement, 6) remaining sentence after probation and 7) try-and tilsynstid.

(2). By criminal time means the concrete period of imprisonment udstås, inclusive of the amount of time that must be taken into account in accordance with the law to punish time.

(3). Criminal time expires at the beginning on the date of completion of the diurnal penalty application.

(4). By remaining criminal time means the number of whole days that the condemned man has left to endure the day of punishment execution is interrupted.

(5). By residual penalty means the number of whole days, a parole had back up to and including the date of completion of the penalty application, with effect from the effective date of his release.

§ 2. Penalty determined in days, including residual straffetid and residual penalty after parole, calculated in such a way that every day is a calendar day. Penalty provided for in months shall be calculated in such a way that each month is a calendar month so that a month has elapsed at the corresponding date in the following calendar month. Are the corresponding date in the subsequent calendar month, not because this is shorter, it is replaced with the last day of the month. Penalty provided for this year shall be calculated in such a way that every year is a calendar year, and shall be deemed passed at the corresponding date in the subsequent calendar year. Are the corresponding date (29 February) is not, this will be replaced with the 28. February.

(2). Is the punishment provided for imprisonment for a number of months, some of whom a number of days is made conditional, see. Penal Code section 58, paragraph 1, of the criminal the time calculation is made as if the offender should serve the whole sentence, but then reduced by a time so that the number of days corresponding to the whole of the conditional part of punishment or for the purpose of calculating the probation dates, etc. – – to the appropriate part of the conditional sentence. The reduction is done by in the specified extent to let the last days may be canceled. Similarly, in cases where the penalty is set out in years and/or months, but by pardons reduced by a certain number of days.

§ 3. A recalculation shall be carried out by the criminal the time if it is found that the calculation is flawed, or if the assumptions in addition changes the meaning. Punishment Enforcement Act section 16.

§ 4. The calculations referred to in § 1, paragraph 1, no. 1-3, must be carried out by the prison and probation service area, which has launched the execution of the penalty.

(2). Calculations, subject to § 1 (1) (8). 4-7, and section 3, shall be carried out by the prison and probation service area, which are responsible for the proceedings, or who has released the convicted. If the convicted murders on udstår or have residence under intensive surveillance and control after penalty enforcement law chapter 13 a, made calculations of the prison and probation service area that lead or have led monitoring and control with the condemned.

(3). To be done note on the date on which the sentenced person is made aware of the calculation, see. Punishment Enforcement Act §§ 15-16, and about the possibility of bringing the issue of the calculation of the Directorate of Probation, see. Article 24, paragraph 1, and the deadline for filing a complaint, see. Article 24, paragraph 2. The note should also include a statement that the sentenced person is advised that the final administrative decision on the calculation may be required before the Court, without prejudice. Punishment Enforcement Act section 112 No. 1. Chapter 2 estimation of the number of days, resulting in the shortening section 5. The condemned man has been arrested in connection with the case, custody or admitted for mental examination shall be determined by the number of days, as according to the rules in section 86 of the criminal code must be truncated in the penalty. Inventory is done according to the rules laid down in paragraphs 2 to 6. There is provided for that on the occasion of the deprivation of the convicted in another case must be shortened by leniency, Directorate of Probation provides correctional care area communication on what punishment the reduction is concerned, and the number of days you want to truncate.

(2). Statement of the number of truncation days must be made on the basis of the information in the sentence about the duration of the statue maker Saschewatzki was attacked, admissions and isolation that leads to shortening of the basic regulation. Penal Code section 86 (1), (3). point is the punishment laid down by the penalty, shall also include information about the duration of the statue maker Saschewatzki was attacked, admissions and isolation from the previous conditional sentences, which are covered by the common punishment.

(3). The number of days counted from truncation and with the day, the arrest, imprisonment or admission is made, up to and including the day on which this is brought to an end. Continuing detention or admission later that day, as it was brought to an end, regarded this as a continuous period. Is the sentenced person in custody after final judgment, is calculated the number of days only up to and including the day before the execution of the prison sentence shall be deemed commenced, within the meaning of. Punishment Enforcement Act section 14, paragraph 2.

(4). The condemned man has been isolated after the Court's determination shall be supplied to the ascertained number truncation days pursuant to paragraph 3, be further one day for the first isolationsdag, as well as an additional day for each subsequent 3-day period, placement in solitary confinement have persisted.

(5). The total number of days calculated in accordance with paragraphs 3 and 4, the truncation days, which should be included in the calculation of the basic regulation. sections 11-16.

(6). The number of truncation days is calculated separately for each penalty which the sentenced person must endure.

§ 6. If during the application of the penalty must be (further) reduction, because the offender is arrested, detained or hospitalized for mental examination in another case, and criminal prosecution is abandoned, or the person concerned shall be dismissed without prejudice. criminal enforcement section 18(2) of the Act, there must be a recalculation of the Penal times.

(2). For use for recalculation be made a new calculation of the number of truncation days. To the ascertained truncation days, see. section 5 and section 7, be a number of days corresponding to the time, detention or admission has lasted, of a fixed amount from and including the day of punishment execution was interrupted, and up to and including the day of punishment execution resumes, increased by 50 percent and rounded up to the nearest whole number of days. Udstår the convicted several time certain prison sentences, without prejudice. § 8, shortening happen in the latest penalty.

(3). The total number of days calculated under section 5, section 6, paragraph 2, and section 7, is now the sawing days, which must be included in the new calculation.

(4). The number of truncation days should continue to be calculated separately for each penalty which the sentenced person must endure.

§ 7. If during the application of the penalty must be (further) reduction, because the condemned man involuntarily have been placed in the interrogation cell, punishment cell, security cell or excluded from the community, see. Punishment Enforcement Act section 18, paragraph 3, should there also be a recalculation of the Penal times.

(2). For use for recalculation be made a new calculation of the number of truncation days. To the ascertained truncation days, see. section 5 and section 6, be a number of days corresponding to half, rounded up to the nearest whole number of days, of the number of days, the procedure has lasted, calculated as from the day on which the intervention is started, up to and including the day on which the procedure is terminated. Udstår the convicted several time certain prison sentences, without prejudice. § 8, shortening happen in the latest penalty prior to the procedure.

(3). The total number of days calculated under section 5, § 6 and § 7 (2), is now the sawing days, which must be included in the new calculation.

(4). The number of truncation days should continue to be calculated separately for each penalty which the sentenced person must endure.

(5). Estimation of truncation days as mentioned in paragraphs 1 to 4 shall only be made when there is a decision to the effect that intervention was involuntary, without prejudice. penalty enforcement Law § 106 and § 1, paragraph 2, of the Executive order on the treatment of convicted and pre-trial prisoners from requirements for compensation in respect of the enforcement of sentences, etc. not to blame interventions under

Chapter 3 the involvement of multiple criminal Detention units in the calculation




§ 8. Several prison sentences, which can be enforced, but that has not yet been served, included in an aggregate calculation, see. criminal enforcement section 17. Criminal time constitutes a unit.

(2). In the same way included further imprisonment, ordered under penalty application, in a new unified calculating criminal time (recalculation), see. Punishment Enforcement Act §§ 16-17. It is a prerequisite that the enforcement order is given prior to release will take place.

(3). A parole that must be reinserted for the application of the remaining penalty, also serve second jail sentence, included residual penalty and the sentenced imprisonment in an aggregate calculation of Penal times.

(4). Alternative custodial penalty of fines is included in an aggregate calculation from the time of the execution of the punishment shall be implemented without prejudice to on-going. section 18 (3), 2. point of order on the implementation of the prison sentence, sentenced to custody and on-going punishment for fine.

The order



§ 9. Should the condemned serving multiple prison sentences, involvement of the penalties in the calculation one at a time in the order in which they are imposed. To prison udstås in connection with the remaining penalty, punishment, then remaining first sentenced to imprisonment.

(2). Should the offender despise more fines, penalties for involvement of the transformation in the computation one at a time in the order in which the fines are imposed or adopted.

(3). Should alternative custodial penalty of fine udstås in connection with sentenced to imprisonment, forvandlingstraffen not, ahead of all other punishment is involved.

Chapter 4 Criminal hours calculating the date for finishing the penalty application (fixed penalty)



§ 10. The starting point for the calculation is the time of punishment execution shall be deemed commenced, within the meaning of. Punishment Enforcement Act section 14, paragraphs 2 and 3. In cases where the Court after the final judgment, and while the offender is at liberty, deciding on pre-trial detention, enforcement shall be deemed to commence on the day the offender is arrested (remanded).

(2). The calculation shall be made in each case according to the rules laid down in section 11.

(3). There must be involved more criminal in the calculation of the basic regulation. § 8, repeat the procedure set out in section 11 (1) (8). 1 and 2, for each of the sentences in the order under section 9 shall be included in the calculation. The calculation is continued in this way until all punishments are included.

§ 11. The, which is carrying out the calculation, 1) from the date on the calendar, where punishment execution shall be deemed commenced, go back a number of days corresponding to the number of days to be shortened according to the rules laid down in sections 5-7, and 2) from the date on the calendar so udfundne go a number of years/months/days, corresponding to the provided unconditional imprisonment, to on-going punishment or to residual penalty.

(2). The date obtained by the calculation referred to in paragraph 1 is the date for finishing the penalty application, unless the convicted must serve several sentences, and with the procedure laid down in paragraph 1, no. 1 and 2, therefore, must be repeated, in accordance with article 3. § 10 (3). In this case, the resulting date will be the starting point for the further calculation.

Chapter 5 Calculation of the time of possible parole, etc.

§ 12. The calculation of the time when people sentenced to fixed penalty may obtain parole, see. Penal Code section 38, paragraph 1, is done in a similar way as stated in Chapter 4, including on the calendar to go back and forward, respectively, with the exception that a number of years/months/days corresponding to the whole of the prescribed penalty, the whole diversity of the penalty or the entire residual penalty is replaced by a number of years/months/days corresponding to two thirds of this.

(2). The resulting date is the date for possible parole after Penal Code § 38, paragraph 1, of the basic regulation. However, paragraphs 3 and 4.

(3). It is in all cases a precondition for parole, to detention, including the time, for which there has been shortening, have lasted for at least 2 months. This is not the case, is the time for eventual parole the day when 2 months is retiring.

(4). If one or more combination sentences of (collectively) more than 2 months unconditional imprisonment shall be included in the calculation, it is a condition of parole, to detention, including the time, for which there has been shortening, have lasted for at least as long as sentenced to unconditional punishment pursuant to criminal code, section 58 (1). This is not the case, is the time for eventual parole the day that has elapsed a period equal to the sentenced unconditional punishment.

(5). In the cases covered by article 2, paragraph 2, the calculation of parole date only happen reduction with a number of days corresponding to two thirds of the conditional part of the penalty or equivalent to two thirds of the number of days during which the penalty by pardon is reduced by.

(6). A forward comments by sharing a number of remaining months will be shared in such a way that two thirds of the 2 months be set at 1 month and 10 days, and two thirds of 1 month is set to 20 days. A forward comments remaining on a fraction of a day, will not be included in the calculation.

§ 13. When calculating the time for eventual parole pursuant to penal code section 38, paragraph 2, when the convicted have served half of the sentence, used a similar approach as set out in section 12, except that a number of years/months/days corresponding to two thirds of the penalty, punishment or residual penalty shall be replaced by the transformation a number of years/months/days corresponding to half of this.

(2). A forward comments by sharing a number of months remaining is divided so that half of the 1 month be set at 15 days.

§ 14. When calculating the time for eventual parole pursuant to penal code section 40 a (1), when the convicted have served half of the sentence, used a similar approach as set out in section 13.

(2). It is in all cases a precondition for parole, to detention, including the time, for which there has been shortening, have lasted for at least 2 months. This is not the case, is the time for eventual parole the day when 2 months is retiring.

§ 15. When calculating the time for possible parole after application of 12 years of a sentence of imprisonment for life, see. Penal Code section 41 (1), the person making the calculation, from the date on the calendar, where punishment execution shall be deemed commenced, 1) go back a number of days corresponding to the number of days to be shortened according to the rules laid down in sections 5-7, and 2) from the date on the calendar so udfundne advance to the corresponding date 12 years later.

(2). Should the convicted along with a penalty of imprisonment for life also serve a fixed penalty, the calculation is done by conducting a comprehensive calculation of time for possible parole after application of two thirds of the temporal punishment, see. § 12, and the time for possible parole after 12 years of application of the penalty of imprisonment for life, see. (1).

§ 16. In the calculation of other times to be calculated as part of the punishment, used a similar approach as set out in section 12, except that a number of years/months/days corresponding to two thirds of the penalty to be replaced with a number of years/months/days corresponding to the appropriate part of this.

Chapter 6 Calculation of residual criminal time § 17. When the execution of the penalty is suspended, without prejudice. Punishment Enforcement Act § § 75-76, made note on the date of the interruption has occurred.

(2). As the date of the interruption shall be entered on the day of the condemned 1) has evaded punishment execution by dodging or bortgå from the institution, 2) has evaded punishment execution by leaving his residence outside of the prison and probation service area provided period, when the convicted udstår penalty at the place of residence under intensive surveillance and control after penalty enforcement law chapter 13 a, 3) fails to timely return back for a absences allowed , 4) is arrested or remanded in custody for at least 24 hours, 5) be released in accordance with a previously authorised to postpone the execution of a portion of the penalty (Division), or incidentally 6) released after receiving permission for punitive interruption.

(3). If a convicted, who himself must travel to detention institution, after the execution is implemented by attendance in lockups, etc., do not arrive to the institution without undue delay, the execution shall be deemed adjourned on the day of departure.

§ 18. Udstår the convicted timed punishment, calculates the residual criminal the time as the number of whole days, the convicted on disconnect day have left to serve, up to and including the date of completion of the penalty application, see. section 1, paragraph 4.

(2). The execution is interrupted before the moment for possible parole after Penal Code § 38 (1), possibly also the Criminal Code section 38, paragraph 2, section 40 a (1), or after the Criminal Code section 41, paragraph 1 shall be calculated at the same time, the number of whole days that have left to endure until eventual parole. Similarly, possibly other parts of the sentence, which has meaning of punishment execution, see. § 16.

Chapter 7 resumption of execution after penalty interruption calculation of modified dates



§ 19. Penalty enforcement considered resumed the day on which the offender meetings to continue application of penalty or apprehended, or the day of detention, launched under the penalty application, ceases.


(2). If the convicted in connection to the apprehension/arrest remanded, however, not be considered as the execution of resumed before detention ceases. If the execution of a custodial sentence or measure undertaken abroad, is the execution of timed penalty remains suspended until the penalty or measure. The same applies in cases where the offender should be subject to custodial measure after Penal Code §§ 68-70, and at the same time has not taken the Court determination on cancellation of the penalty referred to in article 6. Penal Code section 89 (a).

§ 20. When execution of the temporal punishment resumes, calculate the revised date for the completion of the 1) penalty application and 2) changing times for possible parole, etc.

(2). The, which is carrying out the calculation, from the date on the calendar, where execution is resumed, go forward a number of days corresponding to the remaining straffetid noted, without prejudice. section 18, paragraph 1. The resulting date is the modified date for finishing the penalty application.

(3). Timing for possible parole, etc. are calculated by from the date on the calendar, where execution is resumed, to go forward a number of days corresponding to the remaining times until noted possible parole, etc., see. Article 18, paragraph 2.

(4). Similarly, as stated in paragraph 3, shall be calculated the revised time for possible parole, see. Penal Code section 41, paragraph 1, by the resumption of execution of imprisonment for life.

(5). Should the convicted along with a penalty of imprisonment for life also serve a fixed penalty, happens the calculation under paragraph 4, by using a similar approach as set out in section 15, paragraph 2.

(6). The dates obtained by calculations in paragraphs 2-5 replaces the dates calculated in accordance with the rules laid down in chapters 4 and 5.

§ 21. Should the offender in addition to remaining criminal time serving further imprisonment, see. § 8, paragraph 2, the person making the calculation, on the basis of the date, obtained by the calculation of the residual criminal time, see. Article 20, paragraph 2, the sentence of imprisonment which further ordered, by 1) to go back a number of days corresponding to the number of days you want to truncate on this punishment and 2) from the date on the calendar so udfundne go a number of years/months/days, equivalent to a prison sentence.

(2). The date obtained by calculation in accordance with paragraph 1 is new date for finishing the penalty application.

(3). The time for eventual parole pursuant to section 38 of the Penal Code, paragraph 1 shall be calculated in the same way, however, on the basis of the date, obtained by the calculation of the remaining time until the possible parole, see. Article 20, paragraph 3, and thus to a number of years/months/days corresponding to the whole of the penalty to be replaced with a number of years/months/days corresponding to two thirds of this. In the calculation of other times for possible parole, see. Penal Code section 38 (2), section 40 (a), paragraph 1, or any other part of the sentence, used a similar approach, so that a number of years/months/days corresponding to the whole of the penalty to be replaced with a number of years/months/days corresponding to the appropriate part of the punishment.

(4). There has not been any interruption of the probation penalty before time pursuant to penal code section 38 (1) shall be calculated by the number of whole days resume execution, which by the interruption was back to endure until the time when the condemned man would have served two-thirds of the punishment handed down before the penalty the interruption. section 18 (2) shall then apply mutatis mutandis. The person making the calculation, then from this date 1) go back a number of days corresponding to the number of days you want to truncate on the penalty, the further question is sentenced, and 2) from the date on the calendar so udfundne go a number of years/months/days, corresponding to the additional penalty.

(5). In the calculation of other times for possible parole, see. Penal Code section 38 (2), section 40 (a), paragraph 1, or any other part of the sentence, paragraph 4 apply mutatis mutandis, provided that two thirds of sentence imposed before the interruption will be replaced with concerned criminal part thereof.

Chapter 8 Calculation of residual penalty after parole § 22. When the sentenced person, as udstår point-in-time prison sentence, release on probation, made note on the actual løsladelsesdag, as well as the calculated residual punishment cf. section 1, paragraph 5.

Chapter 9 Calculation of the test-and tilsynstid § 23. The probationary period in the context of parole or conditional pardon shall be counted from the day the offender actually has been released, see. However, paragraph 2.

(2). Benådes the convicted for the whole sentence, or decide on this matter or on parole, after the offender is released, the probationary period shall be counted from the date of the decision.

(3). Lays down the conditions that the release should be subject to supervision, supervisory time is calculated in a similar way as set out in paragraphs 1 and 2.

(4). End of trial or tilsynstid occurs at the beginning of the diurnal.

Chapter 10 of the Administrative Appeals section 24. Decisions of the prison and probation service area on the criminal time calculation, see. Punishment Enforcement Act § 14, § 16, an appeal may be lodged to the Directorate of Probation, unless the complaint is motivated by disagreement on criminal judgment, interpretation, see. Code of civil procedure section 998.

(2). Complaint to the Directorate of Probation must be initiated within two months after the decision is communicated to the convicted. Directorate of Probation may, in exceptional cases, dispense with this deadline.

(3). A complaint to the Directorate-General for prison and probation service has no suspensive effect, unless the prison and probation service area or the Directorate shall take provision to that effect.

Chapter 11 the date of entry into force of § 25. The notice shall enter into force on the 6. may 2015.

(2). Executive Order No. 728 of 25. June 2011 on calculating criminal time, etc. (penalty calculation order) is repealed.

The Ministry of Justice, the 9. April 2015 Faamoe/Johan Reimann

Related Laws