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Regulations On The Use Of Hedges

Original Language Title: Forskrift om bruk av sikringsmidler

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Regulations on the use of hedges date of 1961-12-01-2 Ministry of Justice and emergency Ministry Published II 1961 s entry into force 01.04.1962 589 last modified the Change applies to Norway Pursuant law-1902-05-22-10-section 39b, jf. LAW-2005-05-20-28-section 411 Announced short title regulations on the use of hedges Chapter overview: the main part II given by the Prison Board 1. December 1961 in pursuance of URkgl.res. of 1. September 1961. Changed 1. January 1980 and 1. December 1980.

§ 1. Decision making If not the right has hit other provision, determine the prosecution which hedge funds that should be put in the works toward the sikringsdømte, within the protection frame the Court has set.
The decision taken by the District Attorney, after the tilrådning of the Chief of police who have had the investigation in the case. The decision taken in good time before any jail time is endured.
The public prosecutor can overturn a restraining decision that he himself has hit, as long as the decision is not set in the works.
Decision ombytning of the hedge funds that are set in the works, and about the setting and the resumption of fuse, get hit by the Justice Department.

§ 2. Iverksettende authority decision that hit the fuse is of the right, the prosecution or the Ministry of Justice, is set to rule in the works of the Chief of police who have had this investigation in the case.
If the sikringsdømte endures custodial sentences after judgment in the institution in the prison system, the anstaltens Director decision in the works, possibly with the assistance of the police.

§ 3. The opinion of an expert doctor who rule to psychiatric expert have given statement about the sikringsdømte before the meet's decision to put in place or to adjust-safeguards. Such a statement should also be given on a regular basis in the protection time and usually when there are questions about security in the institution, ref. sections 8, 9 and 10.

§ 4. Disappearance of the penalty prosecutors will find that penalty that is imposed in connection with the judgment on the fuse, in whole or in part should fall away, ref. section 39 of the Penal Code No. 5, submit the matter to the Justice Department with the decision on which hedge funds as in the case will be set in the works.
Endures the sikringsdømte prison, the Director of the institution publishes the person concerned the question of whether to let the penalty fall away for the Ministry of Justice. The Director shall, in that case, a statement about which hedge funds that should be put in the works.

§ 5. Ombytning of punishment and detention with fuse To a person who is sentenced to punishment and detention after the Criminal Code section 39 a, the Department of Justice can decide that it should instead be applied hedge funds under section 39, ref. section 39 a no. 2. Endures imprisonment convicts or detention, be submitted the question for the Justice Department of the Director of the competent institution. The Director shall give a statement about what hedges as in the case should be put in the works.
Hit the Ministry provision that it is to be applied, then fuse case is treated as usual the fuse case.

section 6. General provision on the selection of hedge funds by the choice of hedge funds to be taken aimed at the protection of society against new offences from the convicts. As far as it is compatible with this regard it should also be the aim of promoting the domfeltes social adaptation and his opportunities to lead a law-abiding life. In that regard should/should a particular look that sikringsdømte, that are in need of it, getting an adequate treatment options, ref. sections 7 and 8.

section 7. Assurance in freedom after the Criminal Code section 39.1 a-d of the hedge funds that are mentioned in the Criminal Code section 39.1 a-d, can more be applied at the same time.
By hedging in the freedom it should as a rule be set sikringsdømte under supervision (section 39.1 b). In that case applies to rules on the supervision of offenders, given by the Ministry of Justice 1. December 1961.
When an employable person be secured in freedom, he should get help if necessary to get ordered housing and working conditions. It can be set as a condition for a free assurance form that the sikringsdømte abides by the order and control provisions that are set out for him.
Sikringsdømte who can not support themselves, should by any assurance of freedom are given a protected housing supply and the necessary support of the social authorities or be put in private catering (§ 39.1 d). Secured that need particularly supervision, care or treatment should as far as possible be given stay in an institution or on the treatment location, ref. § 39.1 a. By catering to it on the special form is created the contract between Chief of police on the catering place and forpleieren. The expenses covered by the State at forpleiningen, after the county on the anbringelses site in advance has approved the expenses.
About the expenses they apply rules that are given about this.
Are sikringsdømte who are convicted of serious crimes, secured under section 39.1 a-d, to the authority that puts the decision in the works, inform the police on the anbringelses site.

section 8. Hedging in the processing purposes in social institutions Sikringsdømte, who need it, in the processing purposes are loaded on the assurance after the Criminal Code section 39 no. 1 e: a) in psychiatric hospitals after suffering from sikringsdømte a serious mental disorder. About the procedure by posting applies to regulations given by the Ministry of Social Affairs 22. December 1978 (circular in-1,132/78, sml. The guidance of the same date, type in-1133/78).

b) in the health resort, approved by alkoholistomsorgen, if sikringsdømte is abusing alcohol or other intoxicating and anesthetic agents. Admittance should preferably take place in the institution that is located close to the sikringsdømtes home. Application for admission through superior for alkoholistomsorgen.

c) in care institution when sikringsdømte need care because of particular suffering. He or she is retarded, it can apply for admission in the approved central or regional retarded home.

Suffer the sikringsdømte of epilepsy, he or she can be sought in the State's Center for anbragt epilepsy, Solbergvn. 23, 1300 Sandvika.
Admission occurs after application to the hospital.
Lodgment in other treatment institutions than those mentioned before, happens in the section of the Penal Code tifelle after 39, Nr. 1 litra a, ref. § 7 the fourth paragraph. Also in this case it must be arranged in advance for the space.
By anbringelsen to the competent institution be made familiar with the sikringsdømtes criminal matters and with the time of expiry of the protection time. It should be requested, with ample time limit, to report to the police before the sikringsdømte will be discharged and at the same time provide suggestions for future security arrangement for him.
About the cost of a placement in social institutions apply different policies.

§ 9. Fuse after the Criminal Code section 39.1 e in protection institution or the House If a freer fuse form is not considered reasonable or appropriate, sikringsdømte men are loaded in the Ila country jail and protection section of the Penal Code reform school after 39.1 e as long as the after judgment is access to this.
Sikringsdømte women can on the same terms as mentioned in the first paragraph are loaded in Bredtveit prison and security institution.
It must be sought in advance space for the sikringsdømte on request to the competent institution.

§ 10. Fuse after the Criminal Code section 39.1 f in prison If nothing else the fuse means deemed appropriate it can be secured in custody sikringsdømte fengslig after the Criminal Code section 39.1 f, provided it after the verdict is access to this.
Sikringsdømte is inserted into the prison as the Prison Board in each case.

section 11. Messages to the Ministry of Justice. Changes in protection no later than one year after the fuse is set in the works, and later with most one-year intervals, to fuse case be submitted for the Department of Justice with the statement of assurance form should apply without change or if they spent hedges should to be with others, or about the protection, if any, should be set. If special reasons warrant, be submitted to the question regardless of the above mentioned deadlines.
The case be submitted of the prosecution, except for the case where the sikringsdømte endures imprisonment or hedging in the institution in the prison system. In that case, be submitted to the case of the Director of the competent institution.
In prosecution and the PNA to the reporting information about the sikringsdømtes relationship, with the opinion of the supervisor leads, Office for criminal care in freedom, forpleier or from the hospital or other anbringelses place where the sikringsdømte is nestled. About the medical certificate will be shown to section 3.
Innberetningen is being prepared by the Chief of police who have had the investigation in the fuse case, and sent by him to the public prosecutor for further expedition.

§ 12. Setting the fuse. The resumption of fuse after setting the prosecution Found that the fuse is no longer required, and that the protection should therefore be set, ref. section 39 of the Penal Code No. 3, first paragraph, submit the matter to the Justice Department. About the medical certificate will be shown to section 3.
Hit the Ministry decision that protection should be set, the sikringsdømte be made familiar with that protection can be resumed within the longest over the outlet if there is reason for it. the prosecution will find that there is reason to resume protection, submit the case to the Ministry of Justice with the statement about the hedge funds that should be put in the works.

section 13. Calculation of protection time is not in judgment expressly determined when longest time for protection is running out, the Justice Department determines this in connection with the other decision in the case.
Longest time is regarded as a rule from the day the public prosecutor has hit hedge decision or from the time when the protection will be set later in the works.

section 14. The extension of the protection time prosecutors Assume that protection should be extended, the indictment in the extension case be taken out before the previously determined the longest time is the end.

Is the sikringsdømte secured in the institution in the prison system, he will be released by the longest over the outlet, if it is not then other legal authority for continued placement in the institution.
Is the fuse time extended by final judgment, be submitted to the case for the Ministry of Justice with the statement about the hedge funds that now should be applicable.
Prosecutors are also going to send notification to the Justice Department about the case where the protection time is not been extended.

section 15. Expulsion instead of securing the prosecution will find that a person who is not Norwegian citizen should be taken instead of to be secured after the criminal code sections 39 or 39 a, be submitted to the case for the Justice Department to the decision, ref. section no. 39 7 and section 39 a no. 6. section 16. The arrest and incarceration For the apprehension and detention by implementation, change and extension of the hedge funds etc. shall apply the rules in the Criminal Code section 39 b Nr. 4. II enters into force, these rules 1. April 1962.
From the same time repealed: regulations on hedge funds of 23. September 1929, regulations on hedge funds against the insane of 27. January 1930 and regulations on placement of the sikringsdømte people in the care institution of 17. August 1951.