Advanced Search

Ordinance On Access To Visits Etc. To Inmates Who Udstår Imprisonment Or Detention In Prison Institutions (Visitor Notice)

Original Language Title: Bekendtgørelse om adgangen til besøg m.v. til indsatte, der udstår fængselsstraf eller forvaring i kriminalforsorgens institutioner (besøgsbekendtgørelsen)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Table of Contents
Chapter 1 Visits and jail prisoners visit prisoners
Chapter 2 Visit prisoners in the Pensions of Criminal InvestiServices
Chapter 3 Various provisions

Confession of access to visits and so on to inmates who are in prison or detention in the institutions of the Criminal Investigation (Visitor Notice)

Purline to Section 53 (3). 1, Section 54 (1). Three, section 73, paragraph. 4, section 105 (4). 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

Visits and jail prisoners visit prisoners

The right to visit, etc.

§ 1. Inserted prison sentences or having been sentenced to detention shall be entitled to visits, etc., in accordance with the provisions of Section 51 and Section 54 of the Enforcement Act.

§ 2. The Department of Corrections may, taking into account the circumstances of each institution and the extent to which the ortic or security considerations are concerned, lay down restrictions in respect of the number of persons who :

1) at the same time may have been approved visitors to an inmate, and

2) At the same time, visits to the inmates.

Paragraph 2. The area of the Department of Corrections shall lay down detailed rules for the general public to display imagery of imagery.

Visitors ' facilities

§ 3. Visitors shall as far as possible be designed in such a way as to create a natural and friendly visitation atmosphere.

Paragraph 2. Where conditions in the institution are making it justifiable, it may be authorized,

1) visit takes place on the prisoners ' quarters, and

2) visiting takes place at the institution's joint area.

Prohibition of visits

§ 4. Visit of certain persons may be prohibited and a visit permit granted may be withdrawn if, in the individual case, this is required by the order or security reasons.

Paragraph 2. Prior to authorization to visit an inmate in a closed prison or arresthus, the case shall normally be collected by the applicant in the central register of criminal records.

Paragraph 3. Prior to authorization to visit an inmate in an open prison accommodated, information shall be provided for the applicant in the central register of criminal records.

Paragraph 4. Endepiment of information from the Central Criminal Register of paragraph 1. 2 and 3 may be done only if the applicant has given written consent. The Department of Corrections shall guide the applicant that it is a precondition for granting permission to allow the person concerned to submit consent to the call for information from the Central Criminal Register.

Paragraph 5. When an application for a visit permit is refused or a visitation permit is withdrawn, a note shall be made on the grounds for this. If the decision is to be made available to the Executive Board of the Criminal Investigenation, cf. § 25, paragraph. Paragraph 1 shall also make the note that the parties are guided by the possibility of appeal and the time limit for filing a complaint, cf. § 25, paragraph. 2.

Visitors

§ 5. Visit is, in general, unbearable.

Paragraph 2. If, in the case of the individual or security considerations, it is necessary to require visits to be carried out in the presence of staff of the institution.

Paragraph 3. Section 53 of the Enforcement Act, cf. § 51, don't visit the visitors if the visitor is a lawyer and

1) appointed for or selected by the prisoner as a defender of the criminal proceedings leading to the institution, or in a pending criminal proceedings ; or

2) After the law of the court of law, section 733 of the Attorney General will be appointed by the Attorney General for public defender.

Paragraph 4. In the presence of visits to the institution of staff, the call may be required to be conducted in a language such as the presence of the Visitor's visit. For that reason, interpreter can be used.

Paragraph 5. The Directorate of the Profice Office may decide that, in closed institutions, where the structure of the building permits, it may be permitted to have a visit to a space separation rather than under the presence of staff in cases where it is in cases where : pursuant to paragraph 1. Two is certain that a visit must be carried out under the presence of staff. Furthermore, with a space separation, a provision may be made in cases where provision has been made in accordance with section 4 to ban a visit or to withdraw a visit permit.

Suffering visits

§ 6. Visit visitors may be interrupted if, in the individual case, this is required by the order or security considerations.

Caused effects etc.

§ 7. The Department of Corrections may, taking into account the circumstances of each institution and, to the extent of which the order and safety considerations are concerned, lay down restrictions on which the visitors may include or be in possession of Visited. The Department of Corrections may, in particular, provide for the fact that the visitors may not bring effects which are difficult to investigate and other effects which are not permitted to have in the institution, cf. the rules of the recon notice and regulations issued after this.

Paragraph 2. Mobile telephones and similar communications equipment and accessories etc. for this purpose must not be allowed to be brought in by visits. However, this does not apply if the visitor is a lawyer and if this visit shows the communication equipment to the staff and possibly to the visitors. to register and at the same time

1) has been appointed for or selected by the person concerned as the defender of the criminal proceedings leading to the institution, or in a pending criminal proceedings ; or

2) After the legal spender of $733, the Attorney General is appointed by the Attorney General for public defender.

Paragraph 3. The area of the Department of Correctors shall inform visitors in advance of what should not be included in visits and that Article 73 (3) of the Criminal Enforcement Act. 2, may be confiscated from items and money being smuggled into inmates.

§ 8. In the closed institutions, detailed examination of the part of the visitor ' s brought effects shall be carried out.

Paragraph 2. In open institutions, further examination of the conjugenated visit may be carried out.

Paragraph 3. Where further examination of the part of the Visitor ' s brought in the effects shall be carried out, it shall be indicated by the visitors ;

1) the study can only be carried out with the consent of the Visitor, and

2) that it may result in rejection if the person concerned refuses to examine the effects of the effects.

Visitation of the Visitor ' s clothing and examination of the visiting ' s outer casing

§ 9. In closed institutions, visitation must be carried out on the clothes that the visitor is wearing at the meeting. In this connection, it can be made a condition for the visit that the visitor, at the request, will be researching the Drug Drug Drug Dogs.

Paragraph 2. In open institutions, visitation can be made by the clothes that the visitor is wearing when the meeting is present. In this connection, it can be made a condition for the visit that the visitor, at the request, will be researching the Drug Drug Drug Dogs.

Paragraph 3. Visitation of the clothing that the visitor is wearing at the meeting may be carried out using a metal detector and knows that the visitor is encouraged to display items that the visitor has in pockets, etc. Visitation can also be carried out by that : in the pockets or body under the clothes, it shall be checked by the clap or appeasel, whether or not the visitor has any effects hidden in his clothes.

§ 10. If, in the case of individual cases, there is a reasonable suspicion that the Visitor will carry out any smuggling operations, a further examination of the outlook of the visitor may be carried out.

Paragraph 2. Closer examination of the exterior casing of the Visitor shall be made aware that the visitors are invited to take on its outer casing so as to carry out a further examination of the area of the criminal investigation.

§ 11. If the examination of the visitor pursuant to section 9 to 10 must be carried out, it shall be indicated by the Visitor,

1) the study can only be carried out with the consent of the Visitor, and

2) that it may result in rejection if the person concerned refuses to examine.

§ 12. Examination of the visitors under section 9 to 10 shall be carried out in a manner which is suitable for the purpose of reducing the experience of the Visitor's experience.

Paragraph 2. Frisk in the form of the patch or feeder, without any clothes, cf. Section 9 (1). THREE, TWO. PC may not be carried out by any other gender person other than the one to be investigated.

Paragraph 3. Closer to the examination of the visitors ' outer casing, cf. Section 10 must be carried out in a separate room and must not be carried out or be overtaken by persons of another gender other than the one to be investigated. The examination must not be overweight by other visitors or inmates.

§ 13. When further examination of a visitor ' s outer casing shall be carried out, cf. Paragraph 10 must be made about the background to this and its outcome.

Visit children

§ 14. Visit children can usually only take place during the accompanying of an adult.

Paragraph 2. Visit children may normally only take place with the consent of the holder of the custody of the parent authorities. In cases where parents have joint custody, it must be considered in the individual case whether the consent of both parents should be obtained.

Paragraph 3. Permission to visit children of inmates who are punished for the killing of or grossly violent crimes against minors requires that, with the consent of the intervention, an opinion has been obtained from the social authorities as to whether or not to : they know of relationships that speak against the visit.

Paragraph 4. Consent to visits by children involving accommodation in visitors ' apartment assumes that the consent of the intervention has been obtained by the social authorities as to whether they are aware of the facts that are being used to speak against the visit.

Paragraph 5. Permission to visit as mentioned in paragraph 1. 3 and paragraph 1. However, 4 may be given without obtaining an opinion from the social authorities whose special circumstances in the individual case are therefore speaking.

Inmate's access to having his child in the institution

§ 15. An inmate has the right to have his child under 1 year at the institution of the institution if the inmate is able to take care of the child, cf. Section 54 (4) of the penalty of criminal law. 1.

Paragraph 2. Permission to have his child with him in the institution presups,

1) the sentenced person has given the consent to obtain a statement from the social authorities as to whether residence in the institution of the condemned person is compatible with the child ' s care ;

2) the social authorities find a residence in the institution of the condemned person, with the concern of the child ; and

3) that there are no circumstances in any case which provide the basis for the assumption that the person sentenced may not be able to take care of the child in the institution itself.

Paragraph 3. However, the permission to have his child in the institution may, however, be given without prejudice to the opinion of the social authorities, if :

1) specific circumstances in the individual case are therefore,

2) there are no circumstances which provide the basis for the assumption that the person sentenced may not be able to take care of the child in the institution, and

3) the condemned before has given consent that the institution shall inform the social authorities of the fact that the child is staying with the condemned in the institution.

§ 16. An inmate has the right to have a child full of one year but not for three years, in the institution of the institution if the inmate is able to take care of the child and the area of criminal and social authorities considers that the conditions of the institution are in the institution ; compatible with the care of the child, cf. Section 54 (4) of the penalty of criminal law. 2.

Paragraph 2. Permission to have his child with him in the institution presups,

1) the conditions set out in section 15 (1). 2, no. One-point-three is true.

2) the social authorities, on the basis of a statement from the Criminal Investigation, on the conditions of the institution concerned, including the structure and the current composition of inmates and a possible visual inspection of the institution, the situation in the institution is compatible with the concern of the child ; and

3) that the field of criminal law shall thereafter, in particular on the basis of the evaluation of the social authorities, to ensure that the situation in the institution is compatible with the child ' s consideration.

Paragraph 3. If this is the best thing for the child and, in particular, in individual cases, therefore, an inmate may be allowed to have or keep a child in the institution for a limited period after the child is full 3 years.

§ 17. Permission to have his child within the institution may be conditional upon the consent of the sentenced person to be accepted by the sentenced person in an institution which, in respect of the direction and the clientele, is suitable for the purpose of the person concerned ; to stay for little children.

Inmates with bad contact with the outside world.

§ 18. It is a matter for the Crime of Corrections to be constantly aware of whether the institutions are inmates who have little connection with the outside world.

Paragraph 2. In relation to inmates who have little connection with the outside world, it is incumboured by the department of the Department of Corrective Services to make it possible to increase the contact of the intervention to the outside world, as far as possible, and to that extent in terms of safety and ordinal considerations. is defensible.

§ 19. The Department of Corrections must consider whether, in institutions associated with a Visitor's Visitor (permanent visitor) institutions, visits by appropriate persons as visiting friends of prisoners who have little connection with the outside world may be visited.

20. The order of visitors must be approved by the criminal area. Approval may be made only when :

1) the visiting friend in writing has agreed in writing to inform the area of the investigation of matters that may affect the inmate if the prisoner is in agreement ;

2) the visiting friend in writing has agreed in writing not without the consent of the Department of Corrects to receive any of the deposits or deposits with the inmates in relation to the purchase, sale, rental or the like, and

3) the visitation valve has issued a declaration of confidentiality, cf. § 22, nr. 2.

§ 21. The Department of Corrections shall guide the inmate that the regular visitor is not covered by the confidentiality of Article 152 of the Penal Code and may only be subject to professional secrecy in respect of information supplied by the criminal area of the criminal area of the criminal investigation ; visitors after section 22. Instructions must be made before the visits are started and before obtaining consent after paragraph 22, no. 1, for the purpose of passing information to the visitation valve.

§ 22. The visitors must have the necessary information on the conditions of the work. However, the provision of information to the visitation valve may be done only if :

1) the inmates in writing intertwats in the supply, and

2) in the area of the criminal area of the Administrative Act, section 27 (2). In the case of the confidential information provided, the obligation to secrecy shall be subject to the confidentiality of the confidentiality of the information provided.

Chapter 2

Visit prisoners in the Pensions of Criminal InvestiServices

-23. In the case of inmates in the pension provision of the Criminal Services, sections 1 to 3, section 4 (4), 1, 4 and 5, section 6, section 7 (4). One and three, section 8. 2, section 9 (4). 2 and 3, section 11, section 12, paragraph 12. Articles 1 and 3, sections 14 to 18 and section 24-25 corresponding use.

Chapter 3

Various provisions

Competence

§ 24. Decisions pursuant to this notice shall be made by the criminal area of the criminal area.

Administrative Board Access

§ 25. The following decisions taken by the criminal area may be enclamed to the Executive Board of the Criminal Investigate :

1) Prohibition of visits by one of the provisions of Section 51 of the penalty of criminal law. 2, mentioned lawyers, or withdrawal of such authorisation, cf. § 4.

2) Prohibition to visit a near-person person or the withdrawal of such authorisation, cf. § 4.

3) A decision that a presence of a close-standing person shall be witnessed, cf. Section 5 (5). 2.

4) Prohibition of visits by a diplomatic or consular representative or withdrawal of such authorisation, cf. § 4.

5) A decision that a visit of a diploma or consular representative must have been overworked, cf. Section 5 (5). 2.

6) A refuse to have his child in the institution or the withdrawal of such authorisation, cf. Section 54 (4) of the penalty of criminal law. One and two.

Paragraph 2. The Board of Corrective Services shall be made available within two months of the notification of the decision to the Parties. The Directorate of the Department of Correction may, in exceptional cases, disregard the overrun of this time limit.

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.

Entry into force

SECTION 26. The announcement shall enter into force on the sixth. May 2015.

Paragraph 2. Publication no. 757 of 24. June 2013, on access to visits, etc. to inmates who are in prison sentence or detention in the institutions of the Criminal Order (visitation notice) are hereby repealed.

Justice Department, the 9th. April 2015

Mette Frederiksen

/ Johan Reimann