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The Law On The Implementation Of The Community Sanctions

Original Language Title: Laki yhdyskuntaseuraamusten täytäntöönpanosta

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Law on enforcement of community sanctions

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In accordance with the decision of the Parliament:

PART I

GENERAL PROVISIONS

Chapter 1

General provisions on implementation

ARTICLE 1
Scope

This law shall apply to the implementation of the following municipal sanctions by the Court of Justice:

1) community service;

(2) control training;

(3) conditional imprisonment for monitoring purposes;

4) juvenile punishment.

This law also applies to the enforcement of conditional release control, to which the Criminal Sanctions Agency is to be set up.

For the purpose of this Law Convicted The community penalty referred to in paragraphs 1 or 2.

Criminal law (39/1889) in Chapter 6, Article 11 Provision for community service, Article 11a (2), Article 10 (2), conditional sentence of imprisonment, and Article 10a on sentencing to juvenile punishment.

ARTICLE 2
The objective of the community sanction

The aim of the community sanction is to support, during the execution of the sentence, the sentenced person to promote his social survival and to increase his capacity to live a crime-free life.

ARTICLE 3
Content of the community sanction

The community penalty includes the supervision, obligations, prohibitions and other conditions of the sentenced person, as well as activities defined in accordance with the needs and circumstances of the sentenced person and the security of society, as provided for in this Act.

The detailed content of the community sanction is laid down in the sentence plan of Article 14.

§ 4
Treatment of sentenced persons

The sentenced person must be treated fairly and with respect for his dignity. The implementation of the community sanction shall not lead to the rights of the sentenced person or to circumstances other than those laid down by law or necessarily following the implementation of the sanction.

The implementation of the community sanction shall be carried out in such a way that no greater harm is caused to the sentenced person or to his loved ones than is necessary for the implementation of the sanction. In the implementation of the community penalty for young people aged less than 21 years, particular attention shall be paid to the needs arising from the age and development of the sentenced person.

The persons convicted shall not be placed in a different position between sex, age, origin, nationality, nationality, language, religion, belief, opinion, political activity, trade union activity, family relations, health status, On grounds of disability, sexual orientation or any other person related to the person.

§ 5
General obligations of the sentenced person

The sentenced person shall be obliged to comply with the requirement of intoxication and to participate in the content of the community sanction and to fulfil the other obligations laid down in the sentence.

Chapter 2

Implementing authority and enforcement officers

ARTICLE 6
Implementation authority

The Criminal Sanctions Agency is responsible for the implementation of community sanctions.

§ 7
Person and person working with him

An official of the Criminal Sanctions Agency is responsible for implementing the individual community sanction ( Supervisor ).

In order to facilitate the proper implementation of the Community sanction, a person who has consented to the task may be assisted by a person ( Assistant supervisor ), which has an appropriate training and professional experience in the field of criminal sanctions, social, health or education. A further person may be appointed for the task of the assistant administrator if it is necessary for the organisation of supervision.

The Criminal Sanctions Agency shall conclude an agreement with the auxiliary administrator on the performance of the contract and shall decide on the remuneration and reimbursement of the State resources. There will be no contractual relationship between the Criminal Sanctions Agency and the deputy administrator.

The assistant supervisor shall be subject to the law on language skills required by the staff of general government (2003) And the provisions on criminal liability. Liability for damages is governed by the law on damages (1999) .

§ 8
Responsibilities of the administrator and the assistant supervisor

The role of the administrator shall be:

(1) draw up and communicate to the sentenced person the plan and schedule of the sentence of the sentence of the sentence of the sentence, together with a precise definition of the obligations and limitations attached to the enforcement of the community sanctions and penalties for their infringements;

2) support and control the sentenced person;

(3) monitoring compliance with the obligations laid down in this Act and under this law;

(4) be in contact with the guardians, guardian or other legal representative, where appropriate;

(5) be in accordance with the provisions laid down in this Act and, to the extent necessary, in relation to the sentenced person;

(6) communicate by telephone and, where appropriate, to the place where the sentenced person is involved in the activities in the implementation of the community sanction;

(7) inform the Criminal Sanctions Agency of any breach of the obligations laid down in this law or under this law and shall report thereon;

8) take care of other measures required for the implementation of community sanctions.

The role of the administrator shall be to assist the administrator in the tasks set out in paragraph 1. The auxiliary administrator shall, in addition, comply with the orders of the official of the Criminal Sanctions Agency and inform him if the sentenced person does not fulfil his obligations.

§ 9
More detailed provisions

More detailed provisions on the procedure for setting up the auxiliary administrator are laid down by the Government Decree.

Chapter 3

Examination of the conditions for carrying out the community sanction

ARTICLE 10
Contribution report

The prosecutor or the court asks the Criminal Sanctions Agency to draw up a penalty report if the suspect is charged with a criminal offence which is likely to be convicted of community service or control. The Criminal Sanctions Agency may also, at the request of the suspect, draw up a penalty report if there is a serious reason.

However, there is no need to request a sanction if the suspect is a foreign national and his or her permanent residence is not in Finland and it is estimated that neither the sentence nor the implementation of the community sanction Transfer to another country is not possible.

The following report shall assess the conditions and the capacity of the suspect to carry out a criminal offence. The report shall take account of past crime, drug use and other personal and social conditions, as well as the need to support and support the crime of crime. In this context, it is also clear whether the offence is favourable to the conviction and enforcement of community service or control. On the basis of this information, the Criminal Sanctions Agency shall assess whether the suspected person is eligible for a community service or control of the offence.

If, in the event of a suspected criminal offence, a change has occurred since the introduction of a penalty report, the Criminal Sanctions Agency shall make such amendments to the penalty report.

In the case of juvenile delinquency and conditional incarceration, prior clearance measures are laid down in the law on the settlement of the situation of a young offender (193/2010) . Article 44 of this Act provides for prior clearing and settlement measures to be carried out under the supervision.

ARTICLE 11
Penalty plan plan

If the Criminal Sanctions Agency considers a criminal offence to be suitable to carry out community service, supervision, suspended prison or juvenile punishment, or if the prosecutor or court so requests, the penalty report Shall be accompanied by a plan of penalties, including information on the community sanction in question:

(1) the obligations of the sentenced person;

2) work on implementation, unpaid work, rehabilitation, education or other activities, as well as monitoring meetings;

(3) the methods of control and other monitoring details;

(4) supporting measures to promote the implementation of the sentenced person's life management and punishment.

The plan of the sentence shall be drawn up in cooperation with the suspect.

ARTICLE 12
Support measures

When drawing up the sentence plan referred to in Article 11 or in Article 71 (3), the Criminal Sanctions Agency, together with the social and health authority, shall, as appropriate, identify the living conditions of the suspected criminal offence; and The need for support measures. The implementation of the community sanction and support measures to promote the life-management and punishment of the sentenced person must be coordinated.

When coordinating the measures referred to in paragraph 1, the municipality shall bear the costs of the basic municipal services. The Criminal Sanctions Agency shall bear the costs of the activities related to the implementation of the community penalty.

ARTICLE 13
More detailed provisions

More detailed provisions on the settlement of compatibility and other conditions, as well as the procedure for drawing up the sanctions and the preparation of the plan, are laid down by a decree of the Council of Ministers.

Chapter 4

Opening of implementation

ARTICLE 14
Clarification, supplementing, strengthening and notification of the sentence plan

The Criminal Sanctions Agency shall draw up and strengthen the sentence plan of the sentence specified for the community service, as soon as community service, control, conditional incarceration, which has been subject to control, or juvenile punishment has become In the sense of force or in accordance with Article 16, or where, in accordance with Article 70, the Criminal Sanctions Agency has placed the supervision of a prisoner released on parole. Specialised and validated sentence plan shall include, in accordance with Article 11, the time limit for the implementation of the entire community penalty, the details and provisions of the time-limit for the sentence of the sentence to be drawn up in the liquidation period:

1) from the date of implementation;

(2) supervisory meetings;

(3) supporting measures to promote social survival;

(4) the place where the community service is provided, the place of residence, community service, the care centre or any other obligation to perform the treatment provided by a public or private service provider Place of filling;

(5) the duty to perform the duties or the content of any other activity;

(6) restrictions on movement and other specific conditions for the performance of community sanctions and conditions resulting from the conditions and conditions of the service;

(7) a detailed timetable;

(8) the date of expiry of the sentence;

(9) ensuring the continuity of support measures to promote the life-management of the sentenced person after the imposition of the sentence;

(10) any other relevant information, regulations and conditions necessary for the implementation of the community sanction.

The plan of penalties shall be drawn up in cooperation with the sentenced person. In addition, the Criminal Sanctions Agency draws up a timetable for carrying out community sanctions.

The sentence plan shall be served on the sentenced person in person. In the same context, the details of the plan's plan and the penalties for infringement of its provisions shall be subject to the necessary review.

If the details of the information or order referred to in paragraph 1 shall be revealed later than the initiation of the implementation without undue delay, the Criminal Sanctions Agency may supplement the plan of the sentence in this regard. And after the service. The plan shall be completed in accordance with the provisions of paragraphs 2 and 3.

§ 15
Amendment of the sentence plan

Due to the essential change in the circumstances or any other acceptable reason, the Criminal Sanctions Agency may amend the plan of the sentence. The modification of the plan shall respect the provisions of Article 14 (2) and (3).

ARTICLE 16
Enforcement before the judgment is legally enforceable

The enforcement of the municipal service, the supervision penalty, conditional incarceration, which has been subject to control as a consequence, and the execution of juvenile punishment may be initiated on the basis of a judgment of the district court before the judgment has become final, if: The sentenced person agrees to the execution and has satisfied the judgment in so far as he has been sentenced to community sanctions.

§ 17
Implementation of implementation

The implementation of the community service, the supervision service, conditional incarceration, which has been subject to a review of control, and the implementation of the juvenile punishment, shall be initiated without undue delay and shall be completed for one year and three Within one month of the date on which the judgment becomes enforceable. However, in the implementation of several community sanctions, the period shall be one year and six months, including the last enforceable judgment. The periods referred to above shall not be counted as having been suspended or suspended as referred to in Article 18 or 26.

The completion of the community service and of the supervision service begins on a day when the first monitoring meeting, the day of work or other activities, as specified in the plan, is the date of the time specified in the plan. Monitoring of the implementation of community sanctions. The provision of a community service to which the sentenced person has been found to be eligible for support and the execution of juvenile punishment begins on the day when the sentenced person and the supervisor meet for the first time after the judgment is enforceable. The probation period shall begin to run when the sentenced person has given his or her consent to the initiation of enforcement, or when the judgment has become a force of law enforcement. If the conditional release has been placed on probation, the supervision shall begin on the date of release of the person from prison.

ARTICLE 18
Suspension or suspension of operation

The Criminal Sanctions Agency may suspend or suspend the implementation of community service, supervision or juvenile punishment for a limited period of time if the application of the community penalty has been convicted of non-short-term illnesses, For the purpose of attending drug rehabilitation, the service of military service, the voluntary service of women or the provision of a civilian service, the care of the child in the health insurance law; (1224/2004) During the period of maternity, special maternity, paternity or parental leave, or any other temporary barrier resulting from such an acceptable reason. The penalty time shall not elapse during the suspension or suspension.

The enforcement of the sentence referred to in paragraph 1 may also be suspended or suspended where there is an obstacle to the commencement or continuation of an unconditional imprisonment or any other community sanction. In addition, the enforcement of the sentenced person's community service, supervision or juvenile punishment who committed a crime at the age of 21 may be suspended or suspended on the grounds that he was not met and his whereabouts could not be ascertained.

The duration of the suspension or suspension referred to in paragraphs 1 or 2 shall not exceed one year in total when the judgment has become enforceable.

The implementation of community service, control and juvenile punishment may be suspended or suspended if the change in the circumstances of the sentenced person requires an enforcement obligation or a specified location. Restructuring of the permanent obligation. The community service, the surveillance and youth protection may also be suspended if the sentenced person is suspected of having infringed its obligations and is not cleared immediately. The suspension shall not exceed one month.

The Criminal Sanctions Agency shall withdraw the suspension or suspension of enforcement if it appears that the conditions for suspension or suspension no longer exist.

§ 19
Extension of time before court

If the conduct of a community sanction is not possible within the maximum period laid down in Article 17 (1) for a breach of the serious obligations referred to in Article 26, the Criminal Sanctions Agency shall inform thereof The Court of First Instance, which is the first to deal with the criminal case in question or whose jurisdiction is resident or habitually resident.

The Court may, in the circumstances referred to in paragraph 1, extend the period of implementation of the community sanction or convert part of the community service to an unconditional or unconditional prison sentence, and The unconditional prison sentence for the part of the monitoring exercise. Due to the abbreviation of time, the serious illness or accident of the sentenced person, or any other similar cause which cannot be attributed to the sentenced person, community service or surveillance may already be carried out to the full extent of the sentence As a performance.

§ 20
More detailed provisions

The decree of the Council of State lays down more precise rules:

(1) the initiation of implementation;

(2) the enforcement of a judgment without force;

(3) the scope for action to be taken within the scope of the action obligation;

(4) the registration of implementation, deferral and suspension.

Chapter 5

General conditions and infringement of community sanction

ARTICLE 21
General obligations of the sentenced person

The sentenced person shall be obliged:

(1) to participate in the drawing up of the plan of penalties specified in Article 14;

(2) provide the contact person or the assistant supervisor with the necessary contact details as well as information on his work, accommodation, training, study, financial situation and other similar issues; and Changes in them;

(3) keep in contact with its supervisor or assistant supervisor, in accordance with the plan, and enter supervisory meetings;

(4) to fulfil its obligations under the terms of the sentence plan by working or participation in education, training, rehabilitation, programmes, events or other similar, operational and social capacities, or Promote activities;

(5) not to use drugs, as provided for in this Act for each community sanction;

(6) to comply with the obligation under the sentence plan to stay in an apartment or another place;

(7) behave appropriately in supervisory meetings and in situations and events relating to the fulfilment of the obligation to act;

(8) to inform the Criminal Sanctions Agency without delay of an obstacle to the control meeting or to the fulfilment of the obligation to act, and for that reason and, if required, to present an appropriate certificate or explanation of the existence of an obstacle; As provided for in the plan of the sentence;

(9) submit a medical opinion to the Criminal Sanctions Agency, if there are reasonable grounds for suspecting that the health status is insufficient to carry out community service;

(10) comply with the conditions laid down in the plan of penalties other than those provided for in this Article, the timetable for carrying out community sanctions prepared by the Criminal Sanctions Agency and the supervision by the administrator or assistant administrator; The provisions necessary for the implementation.

§ 22
Anonymity control

The sentenced person is responsible for the control of his intoxicities when required to carry out a breath test. When carrying out community service, supervision, or conditional incarceration, which has been subject to control, the sentenced person is required to produce a saliva or urine sample. In that case, the sentenced person may also be required to go to an appropriate department of the Criminal Sanctions Agency, a medical centre or a substance or a substance (1999) For the administration of a urine sample.

If, judging by external signs, the sentenced person is likely to be subject to the influence of alcohol or other intoxication, the official of the Criminal Sanctions Agency shall: Record the findings of intoxication. If the intoxication mode is evident from the external signs, the test referred to in paragraph 1 shall not be carried out and the sample shall not be taken unless the sentenced person is required.

A blood sample may be prescribed for a judgment without any valid reason to refuse a breath test or a saliva or urine sample.

Where the sentenced person is found to be subject to the effect of alcohol on the basis of an alcohol swab, the Criminal Sanctions Agency shall take the measures referred to in Article 25 or 26. If a substance is found to be used as a substance on the basis of the sentenced person's saliva or urine sample, the result shall be verified in a laboratory which fulfils the quality requirements laid down for the performance of the drug tests. The same must be done, even if the result of the rapid test is negative if there are reasonable grounds for suspecting the state of intoxication. If the confirmed result shows that the sentenced person has used the drug law (373/2008), (1) or a medicinal product for which he is not entitled, the Criminal Sanctions Agency shall take the measures referred to in Article 26 of this Act.

ARTICLE 23
Temporary derogation from the obligation to take part in or stay in the apartment

In an individual case, the sentenced person may be allowed to temporarily not comply with the obligation contained in the sentence plan referred to in Article 14 (1) if it is necessary for the disease or other enforcement of the sentenced person. The effect of an unforeseeable event. The sentenced person shall be liable, without delay, to notify the Criminal Sanctions Agency accordingly.

The sentenced person shall derogate from the obligation contained in the sentence plan referred to in Article 14 (1) without prior authorisation if, in the circumstances referred to in paragraph 1 of this Article, the derogation is necessary for imperative reasons. The sentenced person shall be liable, without delay, to notify the Criminal Sanctions Agency accordingly.

§ 24
Nbizarre for the meeting required for the implementation of community sanctions

If a suspended sentence has been imposed for surveillance, or released from juvenile punishment, or released for parole, which is subject to supervision, it shall be left without the known acceptable cause of the administrator or assistant: Without arriving at a surveillance meeting or a similar event, and it is likely that he will try to avoid a meeting, he may be picked up by the administrator or the assistant supervisor for the next meeting. The police shall provide administrative assistance in order to carry out the extraction, unless the takeup measures are clearly deemed inappropriate.

In accordance with the decision of the Criminal Sanctions Agency, the person entitled to arrest shall be decided upon. The following shall be provided at least six hours prior to the date of the surveillance meeting. The attempt must be made to make it so that the sentenced person does not suffer needlessly.

ARTICLE 25
Infringement of obligations

If the convicted person is suspected of failing to comply with the obligations referred to in Article 26 of the offence referred to in Article 26, the Criminal Sanctions Agency shall report. If, contrary to its obligations, the sentenced person is found guilty, the Criminal Sanctions Agency shall give him a written warning. In the event of a warning, the sentenced person shall be informed of the consequences of any continuation of the infringement. If the infringement is found to be limited and is not repeated, a comment may be made to the sentenced person.

§ 26
Unacceptable violation of obligations

If the sentenced person does not initiate or leave the penalty, the sentenced person does not have the right to conduct the sentence or, in spite of the written warning given to him, again or otherwise, intentionally and grossly, In accordance with Articles 21, 22, 38, 49, 72 or 73, the Criminal Sanctions Agency shall take measures to bring the matter before the prosecutor and the court. In the case of community service, control, or juvenile punishment, the Criminal Sanctions Agency shall prohibit the initiation of implementation or suspend enforcement if it has already started.

In dealing with gross violations of obligations or extending the period of performance referred to in Article 19, the court or tribunal shall, prior to the judgment, give the sentenced person an opportunity to be heard. The representative of the Criminal Sanctions Agency shall also be given an opportunity to give its opinion, unless this is clearly unnecessary for the purposes of the proceedings. It can be resolved, despite the absence of the sentenced person. There is a quorum when there is a chairman alone. Otherwise, what is to be done in criminal matters will be respected.

An appeal for an appeal against a decision by a court under this Article shall be treated as a matter of urgency.

§ 27
More detailed provisions

More detailed provisions on the detection and recording of suspected intoxication, the detection and registration of a breach of obligations and the procedure for infringement of obligations are laid down by a decree of the Council.

Chapter 6

Powers

ARTICLE 28
General principles governing the exercise of powers

Officials and auxiliary officers of the Criminal Sanctions Agency responsible for the enforcement of community sanctions shall act objectively and impartially and promoting reconciliation.

Officials and auxiliary staff of the Criminal Sanctions Agency shall, as a matter of priority, seek to ensure that community sanctions are properly carried out.

The officials and auxiliary staff of the Criminal Sanctions Agency shall carry out their duties related to the implementation of the community sanctions, without any further interference in the rights of any person and without causing any greater harm than is necessary and Is carried out.

§ 29
Convicted hearing

The decision to consult the sentenced person to be consulted on the conditions, content and conditions of the implementation of the community penalty and the decision to infringe the obligations of the sentenced person shall be adopted by the Administrative Code. (434/2003) .

ARTICLE 30
Power of decision

The Director of the Institute of Sanctions of the Criminal Sanctions Agency shall decide on the measures to be taken by the gross breach of obligations referred to in Article 26.

The Director of the Community Sanctions Office shall decide on the implementation of the community penalty referred to in Article 17 (1), the suspension or suspension of the initiation of the implementation referred to in Article 18, the blood sample referred to in Article 22 Of the European Parliament and of the Council of the European Union, in accordance with Article 24 of the Treaty, with a written warning as referred to in Article 25, the issuing of the written request referred to in Article 74 and the abolition of controls referred to in Article 60 (3) and Article 76. If there is no delay, the Director of the prison, the Deputy Director or the Criminal Sanctions Officer shall be able to decide on it.

The official responsible for implementation shall be responsible for the calculation of the probation period and shall decide on the supervision of the release of the probation. The other official of the executing department of the Criminal Sanctions Agency, which is responsible for implementation or by the Executive Director, shall decide on the issuing and withdrawal of the apb referred to in Article 34.

An official or other official of the Criminal Sanctions Agency, as laid down in the Rules of Procedure, shall decide on the risk of intoxication as referred to in Article 22 other than a blood sample, the right of the offence referred to in Article 23; The obligation contained in the plan for an obstacle and for the provision referred to in Article 25.

Chapter 7

Outstanding provisions

ARTICLE 31
Right to information

Without prejudice to the right of the Criminal Sanctions Agency, without prejudice to the provisions of confidentiality, to impose on the Court of Justice a judgment on the conditions for the judgment and for the implementation of the community sanction of the social and health authorities, Information relating to the rehabilitation or service plan relating to the living conditions of the sentenced person, the use of drugs, drug rehabilitation, mental health and the use of mental health services and other similar information, which are necessary The enforcement of community sanctions and the For the coordination of support measures for the management of life and punishment, provision is made for the processing of personal data in the law on the enforcement of penalties (422/2002) .

The Criminal Sanctions Agency shall have the right, notwithstanding the secrecy provisions, to obtain, for the purposes laid down in this law, the law on the status and rights of the client (812/2000) (1) information which is necessary for the purposes of the sentence to be sentenced to the Court of Justice for its opinion and for the implementation of the community sanction and the life management and punishment of the sentenced person; Of the European Parliament and of the Council.

ARTICLE 32
Travel expenses compensation

The suspected criminal offence is paid for the purpose of determining the conditions of the community sanction and the necessary travel costs incurred by the State for the preparation of the plan. Travel costs related to enforcement and participation in enforcement are paid for by the sentenced person if they are not reasonably able to pay them. Costs shall be paid on the application, on journeys made in the territory of Finland and on the cost of using the cheapest public transport.

§ 33
Compensation for damage caused by the sentenced person

The place of duty and the person belonging to its staff, as well as of the State, shall be reimbursed by the State resources of an object and personal injury caused by negligence on the part of the sentenced person. When taking part or in any other activity.

The State Treasury shall report on the injury referred to in paragraph 1. The compensation is carried out by the State Treasury.

The compensation shall also be provided for in the case of criminal offences (19204/2005) And damages law.

§ 34
Searching alert.

If the sentenced person is not met and his residence is not determined, the Criminal Sanctions Agency may issue an apb. The sentenced person is requested, no later than on the date of the warrant, to contact the community sanctions office of the Criminal Sanctions Agency for the implementation of the community penalty. An apb shall indicate that, in any other case, a procedure shall be initiated to convert community sanction into unconditional imprisonment or otherwise, as a sanction for breach of the terms of that community sanction.

ARTICLE 35
Official assistance

The civil servant of the Criminal Sanctions Agency shall have the right to carry out his duties as a police officer (872/2011) Of the European Parliament.

§ 36
More detailed provisions

More detailed provisions concerning the reimbursement of travel costs incurred by the suspected or sentenced person, the settlement of the injury caused by the compensation of the sentenced person, and the issuing and withdrawal of the apb By a decree of the Government.

PART II

COMMUNITY SANCTIONS

Chapter 8

Community service

ARTICLE 37
Content and duration

The community service is a punishment, rather than a custodial sentence. It contains at least 14 and not more than 240 hours of regular, unpaid work under surveillance.

Not more than 30 hours of community service training can be carried out by participating in the activities organised or approved by the Criminal Sanctions Agency, or by a public or private health service provider organised by a public or private service provider. The purpose of the activities or treatment referred to above is to reduce the risk or substance of the reproduciousness of the sentenced person and to increase the number of sentenced persons to carry out community service. However, the contribution shall be at least half of the sentence imposed.

The community service, which has been convicted of a crime at the age of 21 years, may also include, in particular, tasks and programmes to promote a social capacity for young people, as well as support and guidance for them. In such cases, derogations from the number of activities referred to in paragraph 2 may be waived.

ARTICLE 38
Specific obligations of the sentenced person

The sentenced person shall perform the service duties assigned to him and comply with the instructions given by the service provider.

The sentenced person may not use the drugs referred to in Article 3 (1) of the Law on Narcotic Drugs. The sentenced person shall not be subject to the influence of alcohol or other substance-related substances in employment, rehabilitation, education or other activities related to the implementation of the community service.

ARTICLE 39
Success of an outrageous breach of duties

If the prosecutor considers that the community service should be converted into a supervision order or an absolute term of imprisonment in the light of the procedure referred to in Article 26, he shall, without delay, submit a request to the District Court, which shall: In the first instance, the criminal case in question or whose jurisdiction is resident or habitually resident.

If the Court finds that the sentenced person has been convicted within the meaning of Article 26, it may convert a part of the community service into a probation or an unconditional prison sentence. The minimum duration of the conversion rates referred to above shall be four days. The Court of Justice can also convert a community service which has not yet begun as a custodial sentence or an absolute term of imprisonment.

ARTICLE 40
More detailed provisions

More detailed provisions on the necessary preparation and implementation measures for outpatient healthcare organised by the public or private health service provider, as well as the organiser of the community service office, are laid down by a decree of the Council of Ministers.

Chapter 9

Supervision control

ARTICLE 41
Content

The control is punishable by a punishment which is punishable by technical means and by other means provided for by this law.

The content of the monitoring exercise shall be the obligation of the sentenced person to stay in his residence or other suitable place where he or she is to be treated or where, in accordance with the order of the sentence, he or she is entitled to take part in the activities prescribed for him. The sentenced person may only leave his place of residence or other penalty in the plan provided for in Articles 14 and 46 within the meaning of the sentence plan and the weekly schedule, unless otherwise provided for in Article 23 Is.

This activity is organised or approved by the Criminal Sanctions Agency, or by a public or private service provider, organised or outpatient by a public or private service provider. Work and other activities shall be at least 10 hours and not more than 40 hours per week as provided for in Article 14. The obligation to participate in work or other activities may be imposed on this greater but not more than 50 hours per week, provided that there is a specific reason for the content of the action or other similar circumstances.

Work and other activities shall be scheduled for a period other than the period between 9 p.m. and 6 p.m., unless otherwise provided for in the criminal penalty plan's work or activities.

ARTICLE 42
Sentencing to control of surveillance

The Court of Justice shall only be judged on the supervision of a suspected criminal if it is judged by the Court of Justice in accordance with Article 10 and the report referred to in Article 44 (1) that the conditions and the Court of Justice are before the sentence of the sentence. The sentence plan provided for in Sections 11 and 44 of the Control Code.

ARTICLE 43
Control

The sentenced person shall be supervised by means of a technical medium mounted on a sentenced person or on the wrist, ankle or waistline to be installed in his place of residence or any other penalty in his plan, or A combination of such instruments. The technical instrument shall not allow for the possibility of domestic peace, (806/2011) in Chapter 10, Article 16 And technical viewing within the meaning of Article 19 of Chapter 10.

The Criminal Sanctions Agency shall maintain sufficient contact with the sentenced person and place where the sentenced person takes part in the activities prescribed for him, and shall carry out surveillance visits to the place of residence of the sentenced person or any other place prescribed in his plan. The official of the Criminal Sanctions Agency and the probation officer accompanying him shall have the right to an apartment or any other place where the sentence has been brought to the sentenced person in order to control the duty of stay and intoxication without prior notice. Access to the premises of the sentenced person or to the place prescribed for him in the plan. Surveillance visits shall avoid undue attention. Control shall be carried out without further interference in any of the rights and without causing any greater harm than is necessary to carry out the task.

When the sentenced person is placed in the institution referred to in Article 41 (2), the institution designates the contact person of the institution responsible for the enforcement of the control report. The contact person shall, notwithstanding the obligation of professional secrecy, inform the supervisor or any other official of the Criminal Sanctions Agency of any breach of the conditions or obligations of the institution.

ARTICLE 44
Identification of conditions and plan of penalties

In addition to the provisions of Article 10 of the Sanctions Report, the report on the conditions for the exercise of the control of supervision shall include:

(1) the written consent of the suspect in order to convict the sentence in the form of a monitoring exercise;

(2) the written consent of the suspect in writing to the fact that the Criminal Sanctions Agency is, as appropriate, in compliance with the conditions and conditions of compliance with the conditions of supervision and compliance with the conditions of application of the control Authorities, private entities and persons, and a place where the sentenced person is involved in his activities and that, notwithstanding the provisions on confidentiality, they may notify the Criminal Sanctions Agency of any breach of the conditions;

(3) an assessment of the suitability of the place in which the suspected dwelling or any other penalty has been committed to carry out the monitoring exercise;

(4) an assessment of the need for mobility from participation in the activities of the control point, outside the place of residence or other penalty laid down in the plan;

(5) a description of any other surveillance measures previously sentenced to the suspect;

(6) a statement on the validity of the condemnation of the control of the offence in order to maintain or promote the social capacity of the suspect.

If the Criminal Sanctions Agency considers that the control is justified, or the prosecutor or court so requests, the report shall be accompanied by a plan of penalties, which shall include, in addition to the information provided for in Article 11:

(1) an indication of the place or place designated for the purpose of carrying out the monitoring service;

(2) information on the weekly frequency of work, rehabilitation or other activities and of supervisory meetings;

(3) information on the place of residence or other designated place of movement and the timing of movement.

ARTICLE 45
Procedure for drawing up the plan of the penalty

The person suspected or convicted of a criminal offence shall provide the information necessary for the preparation and execution of the sentence plan and for the enforcement of the sentence. In accordance with the written consent of the suspected or sentenced person, information on medicinal products may be entered in a register containing information on the execution of community sanctions. The processing of personal data shall be governed by the law on the processing of personal data.

The sentence of the sentence shall be accompanied by a written consent to the implementation and implementation of the monitoring report in respect of the implementation and implementation of the probation service, Surveillance visits in the apartment. Consent shall include: Article 11a of Chapter 6 of the Penal Code, The declaration referred to in paragraph 2 that the consent has been given on the basis of its own firm will. In the case of an apartment under the age of 18 years, the person who habitually resides must be examined and consulted, in accordance with the Child Protection Act, (417/2007) § 20 Provides. The opinion shall be recorded in the document attached to the plan. The enforcement of control shall not be carried out if, for a justified reason, the minor is opposed to enforcement and is mature enough to assess the situation on behalf of his age and level of development.

ARTICLE 46
Clarification of the sentence plan

In addition to what is provided for in Article 14, the plan for the control of the monitoring mission shall include more detailed information and provisions concerning the control angle:

(1) the place of residence of the sentenced person or any other place prescribed for him;

(2) the content of the activities referred to in Article 21 (4), the number of hours per week and the travelling time required;

(3) the control and the technical control instruments which it requires;

(4) the period of time for which the sentenced person is obliged to stay in his or her apartment or any other place in which he or she is assigned, and the timing of that time;

(5) the right of the sentenced person to move outside his apartment or any other place prescribed for him;

(6) the time allocated to the personal affairs of the sentenced person;

(7) other conditions necessary for the implementation of the control report.

§ 47
Period of commencing and calculation of the length of control

The performance of the surveillance shall begin on the date on which the technical control instruments necessary for the enforcement of the sentence, after the establishment of the sentence as specified, have been installed or placed in the hands of the sentenced person.

If the enforcement of the control is suspended, the penalty period shall cease from the beginning of the next 24 hours. Otherwise, the length of the monitoring mission shall be calculated in accordance with the (767/2005) in Chapter 3, (1) and (2).

ARTICLE 48
Access to the sentenced person's residence

The official of the Criminal Sanctions Agency shall have the right to access the sentenced person's place of residence or other sentenced person for the installation, repair and deletion of technical control instruments.

ARTICLE 49
Specific obligations of the sentenced person

The sentenced person shall be obliged:

1) to carefully consider the control instruments referred to in Article 43 (1) and to follow the instructions for their use;

(2) allow the official of the Criminal Sanctions Agency to carry out its supervisory function and his assistant to his apartment.

During the implementation of Article 3 (1) of the Narcotic Drugs Act, the sentenced person shall not be allowed to use narcotic drugs, alcohol or any other substance or substance or substance.

§ 50
Security check

The sentenced person may be inspected for the purposes of ensuring the safety and security of the enforcement of the surveillance.

In the case of a security inspection, the official of the Criminal Sanctions Agency shall have the right to a metal detector, other similar technical device or trained dog, or by confiding in clothing, to ensure that the convicted person does not: In possession of an object or substance which may pose a risk to the safety of a person or which is otherwise prohibited by law.

A civil servant of the Criminal Sanctions Agency shall have the right to take off or otherwise found the object and substance referred to in paragraph 2. Displaced objects and materials shall be handed over to the police or, if there is no objection under the law, to be returned to the condemned.

A security check shall avoid undue attention. The inspection shall be carried out without further interference in any of the rights and without causing any greater harm than is necessary to carry out the task.

ARTICLE 51
Suspected of committing a crime as a gross violation of obligations

If the sentenced person is suspected of having committed a criminal offence punishable by more severe penalties than the fine, the Criminal Sanctions Agency shall prohibit the initiation or suspension of the enforcement of the control sentence, and Where appropriate, take action to bring the matter before the Court.

ARTICLE 52
Withdrawal of consent and change of circumstances

In the event of a written withdrawal of the consent of the sentenced person in the same apartment in the same apartment, the Criminal Sanctions Agency shall establish whether the control service can be implemented in another dwelling or other The place of destination of the sentence in the plan, or whether the matter is referred to the Court of Justice. Similarly, if the residence of the sentenced person changes or the circumstances in his/her apartment change so that the enforcement of the control sentence cannot be continued.

For the purpose of establishing a report, the conduct of the monitoring exercise may be temporarily suspended within the meaning of Article 26.

The sentenced person and the person living in the same apartment must be heard.

ARTICLE 53
Parole freedom and probation

The sentenced person shall be released on parole in accordance with Chapter 2c of the criminal code Articles 5 to 7 and taking into account possible Article 13 of Chapter 6 of the Criminal Code By virtue of a reduction. At the same time, the sentenced person shall be eligible for parole in the event of the execution of the time of the supervision of the checks carried out, which shall be obtained from each of the controls applicable to it: Article 5 of Chapter 2c of the Criminal Code The intended destination. The calculation of the components of the date shall not be taken into account. When the sentenced person is released on parole, the trial period shall begin, which shall be the length of the residual sentence.

On the last day of enforcement of surveillance, the Criminal Sanctions Agency shall withdraw the use and take over the technical control equipment used for the enforcement of the control.

If the sentenced person commits a crime during the trial, the Article 14 of Chapter 2c of the Criminal Code Provides for the enforcement of the residual sentence to be enforced.

ARTICLE 54
Processing of serious breach of duties

If the prosecutor considers that the sentenced person has been convicted within the meaning of Article 26 or 51, he shall, without delay, bring the matter before the District Court which, as the first instance, has dealt with the criminal case in question or whose jurisdiction The sentenced person lives or habitually resides.

ARTICLE 55
Reprehensible punishment instead of control

If the Court finds that the sentenced person has been convicted within the meaning of Article 26 or 51, it shall convert a part of the control charge into an unconditional prison sentence with a minimum period of four days.

If a number of controls have been carried out by the sentenced person, the portion of the aggregated control shall be converted into absolute imprisonment. If a modified term of imprisonment would lead to the application of different destinations, the implementation of the Article 6 of Chapter 2c of the Criminal Code Provides for a common sentence for conditional release.

ARTICLE 56
Specific tasks of the official and the deputy administrator of the Criminal Sanctions Agency in the implementation of the surveillance

The official of the Criminal Sanctions Agency shall be responsible for:

(1) make both pre-announced and unannounced on-site visits to a place of residence or other condemned premises;

(2) be in contact with the sentenced person, where appropriate, in the same dwelling and with the guardian, guardian or other legal representative of the person aged under 18, as well as to the contact person of the other designated place.

The role of the auxiliary administrator shall be to assist the official of the Criminal Sanctions Agency in the tasks set out in paragraph 1. The assistant supervisor shall be entitled to carry out surveillance visits to the place of residence of the sentenced person or to any other sentenced person only in the presence of the administrator or other official of the Criminal Sanctions Agency.

The official and the assistant administrator of the Criminal Sanctions Agency shall treat the sentenced person in the same place as those living in the same dwelling or other sentenced person, and shall ensure that they do not suffer unnecessarily The implementation of the monitoring report.

ARTICLE 57
Organisation of central control

The Criminal Sanctions Agency organises the national and regional control of the implementation of the monitoring report. The Criminal Sanctions Agency may procure and conclude contracts for central control information systems, their maintenance and the technical supervision of the information system and the transmission, reception and transmission of alerts from a private service provider, If it is necessary for the purpose of carrying out the task. The contract shall specify the information systems, software, central control tasks to be carried out under the supervision, the staff responsible for carrying out the tasks, and any other relevant information necessary for the proper management of the central control. The Criminal Sanctions Agency shall ensure that workers have the necessary training and experience. The Criminal Sanctions Agency monitors the adequacy of the activities and is responsible for ensuring that central control is managed reliably and professionally.

Where central control is exercised within the meaning of the agreement as referred to in paragraph 1, the right to decide on the transmission of documents arising under the supervision of a central authority shall be governed by the law on the public authorities' activities Article 14 of the ec Treaty ( (1) and Article 23 of the Act concerning the professional secrecy of an employee of the central supervisory body. The employee of the central supervisory body shall not have access to the registers of the Criminal Sanctions Agency. The worker shall be subject to the language law in this task (2003) And the provisions on criminal liability.

ARTICLE 58
Specifications and provisions

More detailed provisions on preparatory actions necessary for the management of social or health care, public or private health service providers, and control and implementation measures, screening and registration, and The procedure for granting conditional release may be issued by a decree of the Council.

The central administrative department of the Criminal Sanctions Agency may lay down more detailed provisions for the calculation of the penalty and for the control of the intoxication referred to in Article 22 and the activities referred to in Article 41.

ARTICLE 59
Reference provision

Civil service law (1446/2007) Articles 74 or 75 or in compulsory military service (1438/2007) , in place of a sentence of imprisonment, shall be punishable by a control Article 11a of Chapter 6 of the Criminal Code, Are fulfilled. The provisions of Articles 74 and 75 of the Civil Service Act, Article 81 (2) to (4) and Articles 82 to 85 and Article 118 of the Military Service Act provide for a custodial sentence and conditional release. For the rest, this law will apply to the enforcement of control.

Chapter 10

Supervision of the sentenced person in prison

ARTICLE 60
Content and duration

Supervision of the sentenced person shall include regular meetings between the administrator or the deputy administrator and the sentenced person. The purpose of the meetings is to monitor the circumstances and changes in the sentenced person and to improve the ability of the sentenced person to live a crime-free life. Monitoring may also include tasks and programmes promoting social performance.

Monitoring meetings and control functions and programmes shall be limited to a maximum of 12 hours each month, but not more than 24 hours for the duration of the programme or for any other specific reason. During control, the monthly number of hours may vary according to the appropriate implementation of the controls.

If, at least six months after the time of the probation period, it has become apparent that there is no need to continue monitoring, the Criminal Sanctions Agency may, on a proposal from the administrator, abolish supervision.

ARTICLE 61
Anonymity requirement

In order to enhance the possibility of surveillance, the sentenced person shall not be in control meetings or in the activities required for the implementation of the supervision, and shall not be subject to the influence of alcohol or other substance intoxication.

§ 62
Success of an outrageous breach of duties

In the event of a serious breach of its obligations under Article 26, the Criminal Sanctions Agency shall immediately inform the prosecutor, unless it is manifestly unnecessary, in breach of its obligations under the supervision of a suspended sentence. The purpose of monitoring purposes.

If the prosecutor considers that the probation period should be extended for a breach of the gross obligations referred to in Article 26, he shall without delay make a claim to that effect to the District Court which, as the first instance, has dealt with The criminal case in question or of which the sentenced person resides or is normally resident.

If the Court of Justice finds that the duties of the convicted sulphur have been infringed in a serious manner within the meaning of Article 26, and if the reasons which led to the infringement as a whole are of particular reason, it may extend the Total control time for a maximum of six months.

ARTICLE 63
More detailed provisions

More detailed provisions on the abolition of controls will be adopted by the Government Decree.

Chapter 11

Youth education

ARTICLE 64
Content and duration

A juvenile punishment of 15 to 17-year-old offenders has been sentenced to a penalty of at least four months and not more than one year, containing supervision and accompanying measures, in particular to promote a social capacity for young people, Activities and programmes, as well as support and guidance related to them. In addition, youth education includes work and work in the field of supervision, unless it is considered to be manifestly unnecessary or particularly difficult to organise.

The maximum number of events in the implementation of juvenile punishment, to which the penalty is payable, shall not exceed eight hours each week. During the sentence, the weekly frequency may vary depending on the implementation.

ARTICLE 65
Anonymity requirement

The sentenced person shall not be subject to supervision meetings, the work, rehabilitation, education, training or other activities related to the implementation of the sanction, and, in the event of implementation, of alcohol or other substances Under the influence.

ARTICLE 66
Processing of serious breach of duties

If the prosecutor considers that the convicted person has infringed his obligations under Article 26, he shall immediately refer the matter to the District Court which, as the first instance, has dealt with the Habitually resident or habitually resident in a criminal case.

§ 67
Success of an outrageous breach of duties

If the Court of Justice finds that the offender has been violated in a serious manner within the meaning of Article 26, it must sentence him to other penalties instead of the part of the juvenile punishment which has been carried out.

The age of the sentenced person must be considered when selecting the species of the new penalty, and the degree of seriousness of the offence which has not been carried out, the degree of seriousness of the offence to be condemned and the quality of the offence which led to the conviction of juvenile punishment.

If, in the light of the considerations set out in paragraph 2 and taking into account the considerations set out in paragraph 2, there has been a total or substantial amount of juvenile punishment and, in the light of the considerations set out in paragraph 2 as a whole, there is also a particular reason for the absence of the Part of the holding may be subject to unconditional imprisonment.

ARTICLE 68
Taking into account the part of the juvenile punishment carried out

When sentenced to a new punishment for juvenile punishment Article 8 of Chapter 7 of the Penal Code Or in the case referred to in Article 16 or Article 67 (1) of this Law, the part of the juvenile punishment which has already been carried out must be taken into account as a result of a new form of punishment. The two days of juvenile detention shall be considered equivalent to one day of unconditional imprisonment, unless the content of the part of the sentence which has already been carried out there is no specific reason to depart.

ARTICLE 69
More detailed provisions

More detailed provisions on the places of work related to the study of working life and work are laid down by the Government Decree.

Chapter 12

Supervision of conditional release

ARTICLE 70
Setting up of supervision

A prisoner to be released for parole shall be placed as a test-person for the purposes of supervision if:

1) the trial period is longer than one year;

(2) the offence was committed under the age of 21;

(3) the prisoner himself requests it; or

(4) the prisoner is committed to compliance with the law on probation (629/2013) Paragraph 4 And any other conditions relating to the treatment and support which may be attached to it.

Notwithstanding the provisions of paragraph 1, the prisoner may not be subject to supervision if, in view of its purpose, control is clearly unnecessary in view of the removal of the prisoner's expected country, serious illness or any other particular cause. The prisoner may not be subject to supervision even if, on the basis of his probation and other explanations, there is no apparent risk of a criminal offence.

ARTICLE 71
Content of control

The probation release shall include regular meetings between the administrator or the deputy administrator and the sentenced person. The purpose of the meetings is to monitor the circumstances and changes in the sentenced person and to improve the ability of the sentenced person to live a crime-free life. Monitoring may also include tasks and programmes promoting social performance.

Surveillance meetings and control tasks and programmes shall be subject to a maximum of 12 hours each month, but not more than 30 hours, by the sentenced person in need of specific support and supervision. During control, the monthly number of hours may vary according to the appropriate implementation of the controls.

If, pursuant to Article 70 (1), the prisoner is placed under control, the Criminal Sanctions Agency shall draw up, in good time before conditional release, the plan of the penalty period for supervision with the prisoner. This plan must be coordinated with the plan of the prison sentence. The plan shall be drawn up to the extent necessary in cooperation with the prisoner's home and home municipality and other authorities, private entities and individuals.

ARTICLE 72
Specific obligations of the sentenced person

The control of the conditional release shall not be subject to control meetings or activities necessary for the implementation of the monitoring, and shall not be subject to the influence of alcohol or other substance-related substances.

If the sentenced person is committed to the treatment of medicinal products referred to in Article 70 (1) (4), he shall provide the urine and blood samples necessary to monitor the use of the medicinal product and to ensure the safety of the treatment. The sentenced person is obliged to appear in a specially designated university hospital or special medical care unit.

ARTICLE 73
Specific control provisions

Where the sentenced person is placed under the control of Article 70 (1) (4), he/she shall be under an obligation to comply with the provisions relating to the medicinal product and any other treatment and support thereto, as well as the enforcement thereof.

ARTICLE 74
Infringement of the provision on medical treatment or other treatment and assistance

If, pursuant to Article 70 (1) (4), the imposition of non-compliance with the provisions laid down in the sentence plan, medicinal or other medical treatment and support, the Criminal Sanctions Agency shall issue a written request to the sentenced person Complies with the plan of the sentence.

If, in spite of the request, the sentenced person fails to comply with the provisions of the plan for medical treatment or other treatment and support, or to terminate the treatment, the provisions of Article 26 shall be complied with.

ARTICLE 75
Success of an outrageous breach of duties

If the prosecutor considers that a part of the residual penalty is to be executed in the event of a serious breach of the obligations referred to in Article 26, he shall, without undue delay, submit a claim to that court, which shall be the first As a court case, the criminal case in question or the residence or permanent residence of the sentenced person.

If the Court finds that the sentenced person has infringed its obligations in a gross manner within the meaning of Article 26, and having regard to the reasons for which the person convicted and the reasons for the infringement as a whole are of particular reason, it may order: The residual penalty shall be applied for at least four days and not more than 14 days.

ARTICLE 76
Duration of control

If, for a period of at least six months after the time of the probation period, it has become apparent that the conditions of life of the sentenced person have stabilised, the sentenced person does not have a clear risk of committing a crime and that it is not necessary to continue monitoring, The Criminal Sanctions Agency may suspend surveillance on a proposal from the administrator.

After the period of surveillance for one year and six months, the Criminal Sanctions Agency shall consider the need to continue monitoring or to discontinue supervision in accordance with the provisions of paragraph 1.

It may also be terminated for six months under Article 70 (2) if the convicted foreign law (2003) Articles 148 or 149 have been converted or expelled from the country or have been permanently converted into non-secondary Nordic countries or have long-term institutionalised treatment due to illness. The commuting of the sentenced person to another Nordic country is not an end-of-the-day basis if control can be organised under the law on the enforcement of judgments in criminal matters between Finland and the other Nordic countries (326/1963) Based on.

ARTICLE 77
Control of medical treatment and review of the prescription for medical treatment and other care and support

The Criminal Sanctions Agency is suitable for the organisation of medical treatment and the taking of a blood and urine sample related to medical treatment with a university hospital and specialised medical care unit.

The provision on medical treatment and possible other treatment and support shall be reconsidered at intervals not exceeding three months.

The supervision and termination of medical and other treatment and support shall be decided by the Criminal Sanctions Agency. In the event of an emergency, a doctor acting in a hospital or specialised medical unit referred to in paragraph 1 may temporarily suspend the treatment. The notification of the temporary suspension of the medicinal product shall be communicated immediately to the doctor of the Criminal Sanctions Agency, which shall take a final decision on the medicinal product.

ARTICLE 78
Physician's disclosure

A doctor acting in a hospital or a specialised medical care unit referred to in Article 72 (2) shall, notwithstanding the obligation of professional secrecy, have an obligation to provide the Criminal Sanctions Agency with information to assess whether the sentenced person has complied with Article 70 (1). The provisions relating to the treatment of medicinal products referred to in paragraph 4 and to any other treatment and support attached thereto.

ARTICLE 79
Costs

The costs of the medicinal product referred to in Article 70 (1) (4) and any other treatment and support thereto, as well as the costs thereof, shall be borne by the State.

ARTICLE 80
More detailed provisions

More detailed provisions on the procedure for supervision, the abolition of controls and the content of the plan for the sentence of the sentence imposed under Article 70 (1) (4) are laid down by a decree of the Council.

PART III

OUTSTANDING PROVISIONS

Chapter 13

Certain provisions relating to implementation and reporting

§ 81
Court of Justice report on community sanctions

The court or tribunal shall inform the Criminal Sanctions Agency of its judgment in which it has condemned the community service, the supervision of the probation service, conditional incarceration, which has been subject to control, or a juvenile punishment, by depositing a solution Information on the system for the resolution and decision of the national system of judicial administration. The award of the label shall be governed by the law of the national judicial administration (192/2010) And under it.

ARTICLE 82
New prison sentence

If the prosecutor decides to prosecute a criminal offence convicted of community service, supervision or juvenile punishment, which, according to the prosecutor's assessment, is punishable by absolute imprisonment, the prosecutor may Inform the Criminal Sanctions Agency accordingly. Upon notification of the notification, the Criminal Sanctions Agency shall prohibit the initiation or continuation of the implementation of the community sanctions.

The unconditional imprisonment of a person previously sentenced to community service or juvenile punishment for a criminal offence committed before the end of the implementation of the community penalty referred to above or, if: The Court of Justice may prohibit the initiation or continuation of the enforcement of the community sanction in respect of a criminal offence committed prior to conditional release. In prohibiting the enforcement of previously sentenced community sanctions, the court must provide that the part of the community penalty in question must be carried out in prison.

In spite of the appeal, the prohibition of the enforcement of the previously sentenced community sanction must be respected.

ARTICLE 83
Taking account of the community's sanction in the measurement of imprisonment

When the sentenced person is sentenced to a new sentence in the case referred to in Article 82 in the case of community service, supervision or juvenile punishment, the conversion shall be carried out in accordance with the same period of imprisonment and of the community The imposition of community sanctions has been complied with. In converting the day part of the control angle is equal to one day of imprisonment. The conversion shall be carried out in accordance with the most favourable calculation method.

§ 84
Reducing the penance of the sentence pan

If, in the case referred to in Article 16, sentenced to community service, supervision or juvenile punishment, the appeal is sentenced to a prison sentence, the Criminal Sanctions Agency shall deduct from the The amount of imprisonment corresponding to the part already carried out as a community sanction. A similar reduction shall be carried out when the Court of Justice has prohibited the enforcement of the control, but has not ordered the length of the sentence to be carried out as a prison term. If the sentenced person has been paroled on parole, the sentence of Article 6 of Chapter 3 of the Prison Act shall be applied accordingly.

ARTICLE 85
More detailed provisions

More detailed provisions on the preparation, processing, content and transmission of implementing documents and the sending of certain declarations are laid down by the Government Decree.

Chapter 14

Appeals appeal

ARTICLE 86
Eligible decisions

The sentenced person shall require an adjustment to the decision of the Criminal Sanctions Agency concerning:

(1) the suspension or suspension of the implementation referred to in Article 18 (1), (2) and (4) and the suspension of the suspension or suspension referred to in Article 18 (5);

(2) the written warning referred to in Article 25;

(3) reimbursement of travel costs within the meaning of Article 32;

(4) the placing of control referred to in Article 70;

(5) The penalty time for the control offence referred to in Article 47 (2).

ARTICLE 87
The decision-making power and treatment of the adjustment

The regional director of the Criminal Sanctions Agency shall rule on the objection referred to in Article 86 (1) to (4). The appeal against the decision taken in paragraph 5 of that section shall be determined by the Executive Director of the Criminal Sanctions Agency.

The adjustment requirement shall be made in writing within seven days of the notification of the decision. The adjustment requirement shall be submitted to the regional manager, the Director of the Community Sanctions Office or the Director of the prison. In the case of a decision on the penalty time for the control of the offence referred to in Article 86 (5), the claim shall be forwarded to the Executive Director. The adjustment requirement shall be treated as a matter of urgency.

The decision of the Enforcement Unit of the Enforcement Service of the Criminal Sanctions Agency, other than that of the penalty period referred to in Article 86 (5), cannot be required for an adjustment, but shall be appealed to the Administrative Court, as provided for in Article 88.

ARTICLE 88
Appeal to administrative court

The decision of the Regional Director or of the Executive Director, given as a result of the request for adjustment, may be appealed to the Administrative Court, as in the case of administrative law (18/06/1996) Provides. The appeal shall be lodged with the Administrative Court whose decision has been taken in the context of the jurisdiction of the regional director in the tachograph. The decision of the Executive Director shall be lodged with the Administrative Court of Helsinki.

The appeal shall be lodged within 14 days from the notification of the decision.

ARTICLE 89
Appeal by administrative court

When handling the appeal, the administrative court is a quorum of one. The matter of appeal must be addressed as a matter of urgency.

ARTICLE 90
Appeal to the Supreme Administrative Court

An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.

ARTICLE 91
Effect of adjustment and complaint on implementation

The application of the amendment or the lodging of a complaint shall not suspend the implementation of the decision referred to in Article 86 (4) and (5), unless the Regional Manager or the Executive Director, or the Court of Appeal, decides otherwise.

ARTICLE 92
Legal aid

Legal aid in the case referred to in Article 86 is governed by the Law on Legal Aid (257/2002) . The report referred to in Article 10 (1) of that Law does not need to be presented. The decision to grant legal aid shall be decided by the Court of Justice if it is before it.

ARTICLE 93
More detailed provisions

More detailed provisions on the application and handling of the objection are laid down by a decree of the Council.

Chapter 15

Entry into force

ARTICLE 94
Entry into force

This Act shall enter into force on 1 May 2015.

ARTICLE 95
Repeal laws

This law will repeal:

1) community service law (105/1996) ;

2) Law on juvenile punishment; (1196/2004) ;

3) Law on the control of conditional release (782/2005) ;

(4) Law on the supervision of suspended prison sentences (19/04/2010) ;

(5) Law on the control of supervision (330/2011) .

ARTICLE 96
Transitional provisions

In matters relating to the imposition, preparation and implementation of the Community sanction, the provisions in force shall apply. However, the provisions of this law shall apply if, in the event of a breach of the conditions, a change in the terms of the conditions or an equivalent reason, it shall be retabled after the entry into force of this Act.

At the time of entry into force of the Act, the provisions in force at the time of entry into force of the Act shall apply to infringement or suspension of implementation or suspension. When an appeal is lodged before the entry into force of this Act, the provisions in force at the date of entry into force of this Act shall apply.

HE 215/2014 , LaVM 18/2014, EV 260/2014