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Act (1974:202) Concerning The Calculation Of The Penalty Time Etc.

Original Language Title: Lag (1974:202) om beräkning av strafftid m.m.

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Introductory provisions



section 1 the Judgment of imprisonment shall be promoted to enforcement under this

team. The law also applies to the time of such enforcement

shall be calculated.



What this Act is prescribed if the prison also applies to prison which

imposed as a conversion sentence for a fine. Law (1981:212).



Promotion of judgment enforcement, etc.



2 § has sentenced to prison not completed within the prescribed time

the dispute in the main as far as it concerns the financial penalty, the judgment to be enforced

in this part, notwithstanding that the Prosecutor or plaintiff completed an action

against the judgment.



The judgment referred to in the first subparagraph may also in cases other than that says

enforceable notwithstanding that judgment is not res judicata. The other is

particular Ordinance. Law (1981:212).



paragraph 3 of the Judgment of imprisonment may also be enforced, if the convicted person prior to

the appeal period in the order specified in this law gives off

explanation that he refrains from any action against the judgment as far as it concerns the

financial penalty and admits that it may be executed (nöjdförklaring).

Law (1981:212).



section 4 of The who is detained may make nöjdförklaring facing the Manager of

the custody where he is listed or, if he is included in

correctional institution, in the face of the Manager of the institution or

another official there who have designated to receive such

Declaration. If the detainee is listed on such a device

referred to in the first subparagraph of paragraph 6 of Act (1991:1129) on

psychiatric care or in paragraph 5 of the Act (1991:1137) if

RPU, he may emit nöjdförklaring

before the Chief Medical Superintendent, Operations Manager or other

official who any of them are ordained.



Nöjdförklaring referred to in the first subparagraph shall apply only if the

who receives the Declaration has access to the Court judgment or

evidence about the outcome, as far as concerns the condemned (doms), and

the convict had a cooling-off period to the second day after the then-ruling

was handed down to him by law or otherwise notified to

him. The sentenced person shall, if possible, be given the opportunity to

reflection consult with his lawyer.



The program may take against the nöjdförklaring referred to in the first subparagraph

shall, as soon as it can be pointed out that the judge about his right to

submit nöjdförklaring and inform the sentenced person as to when and how the

can take place. It is incumbent upon him to the day when

nöjdförklaring first can be emitted, asking if the convicted person would

issue such a declaration. Law (2006:666).



paragraph 5 of the provisions of paragraph 4 of the holds the corresponding application in the case of the

is taken care of according to Chapter 28. the third paragraph of section 11 of the Penal Code or as

subjected to imprisonment or on other basis is included in the correctional institution.

Law (1987:764).



section 6 of The who are not detained or incarcerated in

correctional institution may submit nöjdförklaring facing the Manager of

a correctional or detention or any other

officials there that were designated to receive such

explanation or police authorities.



Nöjdförklaring referred to in the first subparagraph may be released only if the

that would give the explanation surrenders jurisdiction judgment or evidence

to the person who is to receive the legend. Law (2014:617).



7 § When nöjdförklaring is released, the witness to attend. Those who received

nöjdförklaring shall make a note of it on the action because

of which the explanation from the parties. The note, signed also by

the convicted person and the witness.



section 8 Nöjdförklaring made according to this law, non återtagas.

The convicted person has completed proceedings against the judgment in what he thereby sentenced to

prison, such an action is deemed to be withdrawn by nöjdförklaringen.

Law (1981:212).



section 9 is the one who shall be subjected to imprisonment in custody, taken care of according to

28 Cape. the third paragraph of section 11 of the criminal code or the intake of

correctional institution to be subjected to penalty in other cases when the judgment

may be executed, the correctional institution or detention where he is

inmate immediately promote judgment for enforcement. If he is

the intake of such entity referred to in paragraph 5 of the Act (1991:1137) if

RPU, it is instead the operations manager who

shall do it.



Keep anyone who is detained in the case not in correctional,

He for enforcement relegated to such institution.



Is it the judge was arrested in another case when the judgment may be enforced and

keep he's not in correctional, enforcement begins

where he kept. Law (1996:795).



section 10 is the one who should be subjected to prison are not arrested or

inmate in correctional judgment pursuant to article 2 of the first

subparagraph may be transacted, the probation service shall submit to him

or her to last a specific day appear at the

correctional institution where the judgment is to be enforced.



If the convicted person fails to comply with or is not serviced by a

injunction under the first paragraph, or if there is a risk

for it, shall, at the request of the Police and probation service

Let make him or her to prison.



Emits the nöjdförklaring before an official of the

correctional or detention, the receiving

the Declaration immediately carry into execution.

Emits the nöjdförklaring face of the police authority, shall

the person receiving the explanation make sure the condemned relegated

to correctional institution.



Found someone who dissented from the correctional institution or

as in other cases in accordance with a specific decision to be reversed to

correctional institution for continued enforcement of a

in prison, the police authorities deport him or

her one such institution.



If it could be done without risk to the sentenced person absconds

get the police submit to him or her to appear before

at the correctional institution rather than consign

him or her there. Law (2014:617).



section 11 of The to be relegated to the correctional institution to undergo

penalty may be kept in the related general temporary custody

or police custody pending the decision on institutional placement or if the

necessary with regard to transport conditions. Act (1976:375).



section 12 If there are special circumstances with regard to the sentenced

health, work or educational circumstances or

other circumstances, the prison system on the application of the

sentenced to prison, and non are detained grant of the suspension of

enforcement for some time, a maximum of six months from the date

When judgment as above is prescribed in this Act,

enforced. Exceptional circumstances exist gets reprieve granted

for a further six months. Women who are pregnant or

breastfeeding babies may be granted a deferment during the time necessary to consider reasonable.



A stay may not be granted if there are reasonable grounds for considering

that the convicted person differs. Occurs reason such

adoption since the suspension is granted, the decision shall be revoked.



Shows the convicted person that he has lodged application for suspension, finally the

date on which he first paragraph under section 10 of the last would have set

at the correctional institution and has the suspension not previously applied

in goal, the execution will be delayed pending the

Correctional decisions. Act (2005:970).



13 repealed by law (2013:650).



section 14 of the Government get for other cases than those referred to in paragraph 12 of

provide for deferment for a maximum period of six months with

the enforcement of the judgment in respect of the sentenced to

prison and is not under arrest or on other grounds set out in the

correctional institution. Team (2013:650).



section 15 if the prison started to take effect and higher law extends the time, shall

enforcement continue under the previous ruling until the condemned

emitting nöjdförklaring in respect of the new judgment or on other basis

may be executed. Law (1981:212).



16 repealed by law (1981:212).



section 17 was repealed by law (1979:692).



18 § Unhooked the undergoing imprisonment for reasons other than suspected

on crime, the implementation should be discontinued. Law (1981:212).



Calculation of penalty time etc.



19 § at the execution of prison sentence counts time, when

the convicted person is arrested or taken care of according to Chapter 28. section 11 of the

the third paragraph of the Penal Code, or on other grounds set out in the

correctional institution, from the date on which the judgment may be enforced

and otherwise, from the day on which the convicted person according to § 10 admitted

in remand or correctional or disposed of

The police authority of the permit.



The time an inmate is staying outside the institution under Cape.

paragraph 3 of the Prisons Act (2010:610) or pursuant to Chapter 4. 29, 29A

or section 31 of the Act (2000:562) on international legal assistance

in criminal matters should be included in the settlement period. The same

applies the time an inmate is staying outside the institution with the support

of Chapter 9. section 1, Chapter 10. 1, 2 or 4 section or Chapter 11. 1 §

Prisons Act, unless there are special reasons speaking against it.



The time that the convicted person is held in custody in the case or been

taken care of according to Chapter 28. the third paragraph of section 11 of the Penal Code

After the final judgment or decision in that it was announced, the

counted in execution. Law (2014:617).



19 a of If someone has been sentenced to imprisonment for a fixed period or if the

34 the Court may, in application of the Cape. 1 section 1 Penal Code, has

decreed that such penalty shall cover additional crimes, and

the condemned on the grounds of suspicion of crime, examined

by its verdict, for a continuous period of at least 24

hours have been detained who arrested, detained or

inmate on a device for RPU, pursuant

of section 10 of the Act (1991:1137) about RPU,

the period of detention, to the part underneath that not


at the same time made the enforcement of a judgment in another case, is considered as

time during which the sanction executed in prison.



If the right has been ruled a suspended sentence or a

probation and instead sentenced to imprisonment for a fixed term,

the first subparagraph shall apply, in so far as the transfer of credits not

in accordance with the first paragraph or chapter 33. paragraph 6, third paragraph

the Penal Code, including



1. deprivation of liberty prior to the conditional sentence or

judgment on probation,



2. deprivation of liberty prior to the judgment by the designated

that the conditional sentence or probation shall be also

additional offences and



3. the disposal referred to in Chapter 28. 6 (b) or section 11

the third paragraph of the Penal Code. Act (2000:176).



19 b of The surrendered to Sweden for

of their sentence under a European arrest warrant

or according to a Nordic arrest warrant, shall be credited

the time that he or she is in response to the request for

surrender has been arrested abroad.

Law (2011:1169).



19 c § the following a request pursuant to Chapter 2. section 7 of the Act

(2015:96) on the recognition and enforcement of

custodial penalties in the European Union have

detained persons in another Member State and then start

or continue the execution of the sentence in Sweden,

credited the time that he or she has been

arrested in the other State. Law (2015:99).



section 20 for those who have begun to serve jail time for a fixed period shall

The prison system as soon as it can be made to determine the date of

the penalty period. If the sentence is more than a month

the authority shall also determine the earliest

the time the parole eligible and

the time of the trial period.



When the circumstances giving rise to it, a decision

referred to in the first subparagraph be changed. Act (2005:970).



paragraph 21 of the Present to the execution imprisonment of up to two months,

in the calculation of the penalty time recalculation to days, month,

be considered as thirty days. The number of days shall be added to the date from

the time is counted.



Be time for prison counts by month or year, the day that

through his speech month corresponds to that from which the penalty time counts

considered as an expiry date. There is no corresponding day in the month, the

the last day of the month is considered as the final day. Also includes the days of time, shall

the number of days added to the end of the day for the rest of the time.



Is the time of imprisonment fixed only in days, the number of days to be added

the day from which the period starts.



Arise in estimating the time for prison part of the month, is considered the month

be thirty days. Part of the day falls. Act (1982:364).



section 22 shall, in accordance with section 19 (a), or court decree under 33

Cape. section 7 of the Penal Code imprisonment is considered effected to some

number of days, shall first be calculated final day without respect then

and the deduction is calculated from that date. The same applies in the case

about the time that according to section 19 of the second paragraph shall be counted as time

during which the penalty is carried out. Act (2000:176).



section 23 if the interruption occurred in the execution of the imprisonment, it

the number of days that the outage lasted added to the expiration date.



That break is not considered that the who is serving jail time be arrested with

reason of suspicion of crime. Law (2010:617).



section 24 Has conditionally admitted freedom declared forfeited in whole or in part,

shall what forfeited are considered as new penalty in calculating the time.

Law (1979:692).



section 25, the verdict of imprisonment be enforced since the convict started to undergo other

such a penalty but before his release, the penalty times it may be aggregated for

determination of the final day.



section 26 if the convicted person has been listed for enforcement of a judgment

at the prison before the date from which the sentence under § 19

to be counted, the probation order that the period of time during

which he has been detained, shall be included in the

the execution time. Act (2005:970).



repealed by law 27 (1981:212).



Other provisions



section 28 of the prison and probation service announces the decisions referred to in this law.

Decision according to the law effective immediately unless otherwise

may be appointed. Act (2005:970).



section 29 of the correctional decisions under this Act may be appealed to the

General administrative courts.



Leave to appeal is required for an appeal to the administrative court.

Act (2005:970).



section 30 a decision may not be appealed under section 29 before the decision

have been examined by the prison service. Such a review shall

be requested by the decision concerns if it's been him or

her mind. An appeal against a decision which does not have

being reviewed shall be considered as a request for reconsideration.



Upon review under this section, the decision may not be changed

to the convicted. Act (2005:970).



section 31, A request for review shall be in writing and be

come in to the prison system within three weeks from the date of

the convict received the decision. In the request for review shall

the convicted person specifying which decisions referred to and what change in

the decision that he or she desires. Act (2005:970).



32 § penitentiary considers whether the letter of request for

review has come in at the right time. If the letter has arrived

too late, it must be rejected, unless the delay is due to

the Agency provided the faulty intelligence on how to

request for reconsideration. Act (2005:970).



33 § correctional decision under section 29 may be appealed to the

administrative law in whose area of jurisdiction the correctional,

the custody or free care Office is located where the convicted person was

inscribed in the first decision in the case was made.

Law (2009:785).



34 § Government or authority the Government determines

may provide for obligations of municipalities,

Governments and individuals to



1. take action in connection to a nöjdförklaring,

left, and



2. provide the information by reason of the enforcement of judgments in

as required under this Act. Team (2013:857).



Transitional provisions



1994:439



This law shall enter into force on 1 October 1994. Order issued

the Board of Directors prior to the entry into force of the Penal appeal

older provisions.



1995:1698



This law shall enter into force on 1 May 1996, but does not apply in the case

where the first decision in the case taken before that.



2000:176



This law shall enter into force on 1 October 2000. If the Court before

entry into force has decreed that jail should be considered

enforced for certain number of days, applied section 22 in its older

version.



2005:970



1. this law shall enter into force on 1 January 2006.



2. Older rules still apply in the case of

The Prison Board's examination of other

the prison authority's decision before

entry into force and, secondly, in case of appeal by

The Prison Board's decision before

the entry into force. What is in the older rules about

Prison Board shall, after the entry into force instead

apply to the prison system.



2013:650



1. This law shall enter into force on september 1, 2013.



2. Older regulations apply to applications for clemency that have

submitted to the Government before the entry into force.