Imprisonment

Imprisonment in Europe

Determination of Fixed-term Imprisonment in Germany

Provisions relating to determination of fixed-term imprisonment in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the First Title, Penalties -imprisonment,” located in Section 39 Determination of fixed-term imprisonment, which reads: Imprisonment for less than a year shall be determined in full weeks and months, imprisonment for a longer period in full months and years.

There is additional information on the German criminal system, covering determination of fixed-term imprisonment and related issues, here. For details on the German legal system, please see here.

Short Terms of Imprisonment as the Exception in Germany

Provisions relating to short terms of imprisonment as the exception in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Second Title, Sentencing,” located in Section 47 Short terms of imprisonment as the exception, which reads: (1) The court shall not impose a term of imprisonment of less than six months unless special circumstances exist, either in the offence or the person of the offender, that strictly require the imposition of imprisonment either for the purpose of reform of the offender or for reasons of general deterrence. (2) If the law does not provide for a fine and a term of imprisonment of six months or more is not to be imposed, the court shall impose a fine unless the imposition of a sentence of imprisonment is strictly required pursuant to subsection (1) above. If the law provides for an increased minimum term of imprisonment, the minimum fine in cases covered by the 1st sentence of this subsection shall be determined by the minimum term of imprisonment; thirty daily units shall correspond to one months imprisonment.

Penalties -imprisonment in Germany

Provisions relating to penalties -imprisonment in the German Criminal Code are located in Chapter Three Sanctionsin relation to First Title, Penalties -imprisonment

There is additional information on the German criminal system, covering penalties -imprisonment and related issues, here. For details on the German legal system, please see here.

Imprisonment in Sweden

Imprisonment in the Swedish Penal Code

The Swedish Criminal Code was adopted in 1962 and entered into force on 1 January 1965. It contains provisions on imprisonment and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Imprisonment in Sweden under Section 20

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 20 reads as follows: A decision concerning a measure described in Section 18 may not be made after the expiry of the probationary period. A decision concerning a measure referred to in Section 19 may be made even after the expiry of the probationary period provided that the supervision board has taken up the question prior thereto. (Law 1973:918)

Imprisonment in Sweden under

Section 5

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 5 reads as follows: A person sentenced to imprisonment shall, for the enforcement of the punishment, be taken into a prison unless otherwise provided. (Law 1998:604)

Imprisonment in Sweden under

Section 6

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 6 reads as follows: A person serving imprisonment for a fixed term shall, unless it follows otherwise from the second or third paragraph or by Section 7, be conditionally released when two-thirds of the sentence, but at least one month, has been served. Conditional release may not, however, be granted with imprisonment imposed in accordance with the provisions of Chapter 28, Section 3, nor from imprisonment in conversion of a fine. At the request of a sentenced person, conditional release may be delayed to a later time than that which follows from the provisions of the first paragraph or by Section 7. (Law 1998:604)

Imprisonment in Sweden under

Section 3

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 3 reads as follows: A person who has been sentenced to imprisonment for at least two years and who, after the judgement has acquired final legal force, commits a crime for which the punishment is imprisonment for more than six years, may be sentenced for such relapse to imprisonment for a term which exceeds by four years the maximum punishment that can be imposed for the crime or, in the case of several crimes, the maximum punishment that can be imposed for the crimes under Section 2. A crime committed by a person who has not attained the age of twenty-one may not constitute a ground for such extension of the term of imprisonment as is provided in the first paragraph. A foreign judgement may be given the same effect as a Swedish judgement. (Law 1981:211)

Imprisonment in Sweden under

Section 10

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 10 reads as follows: After conditional release there shall follow a probationary period corresponding to the remaining portion of the sentence, but of at least one year. (Law 1998:604)

Imprisonment in Sweden under

Section 14

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 14 reads as follows: During the probationary period the conditionally released person shall lead an orderly life, try to support himself to the best of his ability and otherwise observe what is required of him by this Code or through conditions made, or instructions given, with its support. He shall, when summoned, appear before the local prison and probation administration. If ordered to make compensation for damage caused by the crime, he shall make all possible efforts to meet this obligation. When the conditionally released person is placed under supervision, the local prison and probation administration shall, through supervision and the provision of support and assistance, seek to ensure that he does not relapse into crime and that his general adjustment in the community is promoted. To this end the local prison and probation authority shall keep itself continuously informed about the conduct of his life and his circumstances in general. (Law 1998:604)

Imprisonment in Sweden under

Section 19

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 19 reads as follows: If a conditionally released person has seriously disregarded his obligations and if it may be presumed that he will not allow himself be corrected by any measure that the supervision board may take, the board may declare the conditionally granted liberty forfeited for up to a period of fifteen days on each occasion. (Law 1998:604)

Imprisonment in Sweden under

Section 23

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 23 reads as follows: If conditionally granted liberty is declared wholly or partially forfeited, the period forfeited shall be regarded as a new punishment imposed by a sentence for the purpose of considering a further conditional release. (Law 1983:240)

Imprisonment in Sweden under

Section 8

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 8 reads as follows: If several sentences of imprisonment are being served concurrently, the combined terms of imprisonment shall be taken into consideration in applying Section 6. However, this does not apply to imprisonment imposed under Chapter 28, Section 3 or conversion imprisonment for non-payment of fines. Time served shall also include the time during which the punishment is considered to be under enforcement by reason of an order of the court referred to in Chapter 33, Sections 5 or 6. (Law 1993:201)

Imprisonment in Sweden under

Section 18

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 18 reads as follows: If the conditionally released person does not comply with what is required of him by this Code or with conditions or instructions issued with its support, the supervision board, in addition to making conditions in accordance with Section 15 or deciding on a matter described in Chapter 37, Section 7, first paragraph, may: 1. decide that a warning be given to the conditionally released person or 2. decide on supervision of the conditionally released person for a stated period after the one-year probationary period has elapsed, but at the most until the expiry of the probationary period. (Law 1983:240)

Imprisonment in Sweden under

Section 7

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 7 reads as follows: If the sentenced person seriously violates the conditions for the serving of the sentence in a prison, the date for conditional release may be postponed. Such a postponement may amount to at most fifteen days on each occasion of use. In deciding on the question of postponement consideration shall be given to whether the infringement may or can have other negative consequences for the sentenced person. (Law 1998:604)

Imprisonment in Sweden under

Section 15

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 15 reads as follows: If there is reason to suppose that, to facilitate his adjustment in the community, a conditionally released person needs the support of special conditions which must be observed during the probationary period, such conditions may be made for a stated period or until further notice. They may relate to: 1. place of residence or lodging for a stated period for at most one year at a time, 2. employment, other gainful occupation, education or training, 3. medical care, treatment for alcoholism or other care or treatment in or outside a hospital or other similar establishment. If the conditionally released person is to under go care or treatment under the first paragraph, point 3, it may be prescribed that he provide blood, urine and breath samples in order to monitor that he is not under the influence of dependency producing substances. If the conditionally released person has been ordered to make compensation for damage caused by the crime, conditions may be made about the time and manner of meeting this obligation unless, in view of the conditionally released person’s financial situation and other circumstances, such conditions may be presumed to counteract his adjustment in the community. If the conditionally released person is under supervision, special instructions may be given about its conditions. They may specify the way in which and to what extent the conditionally released person shall maintain contact with the supervisor or the local prison and probation administration. They may also prescribe an obligation for the conditionally released person to notify the supervisor or the local prison and probation administration of absence from the place of work, school or other occupation or institution referred to in the conditions. (Law 1998:604)

Imprisonment in Sweden under

Section 1

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 1 reads as follows: Imprisonment is imposed for a fixed term or for life in accordance with what is provided for the crime. A fixed term of imprisonment may not exceed ten years, unless otherwise provided in Section 2 or 3, nor be shorter than fourteen days. With a sentence to imprisonment combined with probation in accordance with Chapter 28, Section 3, the term of imprisonment shall be as there provided. Separate provisions govern the use of imprisonment as a conversion punishment for the non-payment of fines. (Law 1981:331)

Imprisonment in Sweden under

Section 2

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 2 reads as follows: Imprisonment may be imposed as a joint punishment for several crimes if imprisonment may be imposed for any one of the crimes. Imprisonment for a fixed term may be imposed for longer than the severest of the punishments provided for the crimes but shall not exceed the sum total of the maximum terms that can be imposed for the individual crimes. Nor may it exceed the severest punishment that can be imposed by more than: 1. one year if the severest punishment provided is shorter than imprisonment for than four years, 2. two years if the severest punishment provided is imprisonment for four years or more but less than eight years; or 3. four years if the severest punishment provided is imprisonment for eight years or more. With sentences imposed in accordance with the second paragraph, a fine shall be considered as corresponding to imprisonment for fourteen days. Imprisonment for less than the longest of the minimum period provided for may not be imposed. (Law 1988:942)

Imprisonment in Sweden under

Section 11

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 11 reads as follows: In connection with a conditional release or at a later date, the decision may be taken that the conditionally released person shall be placed under supervision if this is considered necessary. Decisions concerning supervision are taken by a local prison and probation administration1. If such supervision has been ordered but found to be no longer required, a supervision board may decide that supervision be discontinued. Supervision shall cease without any special decision being taken after one year of the probationary 1 The Swedish Prison and Probation Service consists of the central administration, regional prison and probation administrations and local prison and probation administrations. Each local prison and probation administration has its own chief whose task is to manage unified prison and probation activities. There are no chiefs of individual prisons or probation offices. (Translator’s note). period has elapsed unless other consequences follow from the provisions of Section 18. (Law 1998:604)

Imprisonment in Sweden under

Section 17

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 17 reads as follows: Instructions concerning the carrying out of a condition referred to in Section 15 may be given by the supervisor, who may also allow a temporary easement of, and make any urgently needed adjustment.

Imprisonment in Sweden under

Section 16

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 16 reads as follows: Instructions in accordance with Section 15 shall be given by a supervision board. The local prison and probation administration may give such instructions pro tempore until the board has made its decision on the matter. If the progress and other personal circumstances of the conditionally released person warrant it, the supervision board may change or cancel a given condition or make a new condition. (Law 1998:604)

Imprisonment in Sweden under

Section 4

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 4 reads as follows: Repealed (Law 1988:942)

Imprisonment in Sweden under

Section 6a

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 6a reads as follows: Repealed (Law 1998:604)

Imprisonment in Sweden under

Section 12

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 12 reads as follows: Supervision and probation in general is carried out under the management of the local prison and probation administration. This administration also appoints a supervisor and, if necessary, may appoint one or more persons to assist in the supervision. (Law 1998:604)

Imprisonment in Sweden under

Section 13

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 13 reads as follows: The conditionally released person, if under supervision, shall keep his supervisor informed of his residence, employment situation and other conditions of significance for the supervision, report to the supervisor when required to do so and in general maintain contact with the supervisor in conformity with the latter’s instructions. To the extent that the local prison and probation administration so decides, the foregoing provisions on the supervisor shall also apply to an officer of the local prison and probation administration or other person. (Law 1998:604)

Imprisonment in Sweden under

Section 9

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 9 reads as follows: The National Prison and Probation Administration decides on a delay in accordance with Section 6, third paragraph, and postponement of conditional release in accordance with Section 7. The Government or an administration designated by the Government may provide that another prison and probation administration other than the National Prison and Probation Administration may decide on a delay or postponement of conditional release. A decision on matters dealt with in the first paragraph shall take immediate effect unless otherwise provided. (Law 1998.604)

Imprisonment in Sweden under

Section 24

Under Part Three, on Sanctions, and Chapter 26, on Imprisonment, the Section 24 reads as follows: When conditionally granted liberty can no longer be declared forfeited, the punishment shall be considered fully served on expiration of the probationary period.

Resources

Notes

  1. The content of the translated German penal code in relation to short terms of imprisonment as the exception is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to determination of fixed-term imprisonment is current as of 2010

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