Fine
A fine may be imposed either as the sole penalty or in combination with imprisonment. If the person is only sentenced to conditional imprisonment, the sentence does not have any immediate reaction for the convicted person. Therefore, a fine is sometimes used together with conditional imprisonment in order to ensure a tangible sanction. The amount of the fine should be set based on the severity of the criminal act. In addition, the convicted person’s financial circumstances should be taken into account. In cases of driving under the influence, a fine amounting to one and a half times the convicted person’s gross monthly income is normally imposed.
Unconditional imprisonment
A person sentenced to unconditional imprisonment must generally serve the sentence in prison.
A person who has been sentenced to an unconditional term of imprisonment of six months or less may apply to serve the entire sentence at home under electronic monitoring. A person serving a longer prison sentence may apply to be transferred to electronic monitoring during the final six months prior to release. As a general rule, this does not apply to persons convicted of sexual offences, serious violent offences, or violence against children og members of the same household.
If the offender was under the age of 18 at the time of the offence, imprisonment may be imposed only where this is considered particularly necessary.
The Correctional Service can release the convicted person on probation after two thirds of the sentence, and at least 60 days, have been served. Probation is granted only if the Correctional Service considers it unlikely that the convicted person will commit further offences during the probation period.
The sentence should, as far as practicable, be served close to the convicted person’s place of residence.
Conditional imprisonment
A person sentenced to conditional imprisonment does not have to serve the sentence in prison, provided they meet certain conditions. The Penal Code §§ 35-37 set out the conditions the court may impose in order to suspend the execution of the sentence and for the sentence ultimately to be waived. The sentence is waived if the conditions are complied with. A mandatory condition is that the convicted person does not commit any new criminal offences during the probation period. The probation period is usually two years.
Other conditions may include:
- Meeting with the victim before the Mediation Council and complying with any mediation agreement entered into with the victim
- Residing at a specified address
- Completing education or training
- Abstaining from alcohol
- Participation in a court-supervised drug rehabilitation programme
A court-supervised drug rehabilitation programme is an alternative to unconditional imprisonment and may be imposed as a special condition of a conditional sentence. The aim is to help the convicted person become drug-free and to divert them from a criminal lifestyle through comprehensive and individualised rehabilitation.
Youth punishment
Youth punishment is an alternative sanction for offenders aged between 15 and 18 who have committed a serious offence or multiple offences. The purpose of the sanction is to prevent further offending and avoid placing children in prison.
The courts impose youth punishment, but the punishment is carried out under the auspices of the Mediation Council. Youth punishment is based on the principle of restorative justice and can involve the network around the youth, school, child welfare, police, correctional services, health services, etc. The youth may also be asked to participate in a meeting with the victims of the criminal act.
The sanction is tailored to the individual. Together with a follow-up team, the youth should help create a youth plan that they follow during the punishment period. This follow-up team can, for example, consist of family members and people from the school, police, municipality, or mediation council. The youth can influence who sits on the team and what agreements are made.
Youth punishment is carried out over a period of six months to two years. In certain cases, the execution period can be three years.
When the court imposes a sentence of youth punishment, it also gives a subsidiary prison sentence. If the youth does not follow what is determined in the youth punishment, the court can decide that the youth must serve all or part of the subsidiary prison sentence. The same applies if the youth commits new crimes during the execution period.
Community service
Community service is an alternative to imprisonment.
The convicted person is sentenced to perform community service, measures, or programs for a certain number of hours, spread over a specific period. The Correctional Service determines when and how the punishment will be carried out.
Community servicew is often used young offenders or people undergoing rehabilitation for substance abuse.
If the convicted person commits a new criminal act or does not complete the community service, the court can decide that all or part of the punishment should be served in prison.
Preventive detention
A sentence of preventive detention is given if imprisonment is not considered sufficient to protect society from the offender.
With a preventive detention sentence, the convicted person can, in principle, risk being behind bars for the rest of their life, as the sentence can be extended by five years at a time. The court must set a time frame, with a minimum period and a maximum of 21 years. The sentence can later be extended beyond this limit.
A preventive detention sentence is imposed instead of imprisonment. Therefore, the minimum period for preventive detention should correspond to at least the imprisonment that would have been imposed.
It is typically violent and sexual offenders or people who have repeatedly committed serious crimes and who endanger the lives and health of others who can be sentenced to preventive detention.
Before a preventive detention sentence can be passed, a personal investigation must have been carried out. The court also has the opportunity to conduct a forensic psychiatric examination of the accused.
During the sentence, the person sentenced to preventive detention should be given the opportunity to change their behavior and adapt to a life back in the society. Before such a change in behavior is registered, the preventive detention sentence will not be lifted.
A possible release on probation can only be decided by the court. Probation for those sentenced to preventive detention cannot be compared to probation for ordinary sentences. The probation period can extend over a long period, and it is common to set strict conditions that are gradually eased.
Loss of civil rights
Loss of civil rights means that the convicted person is deprived of a position, or that they are deprived of the right to hold a position or exercise a business or activity in the future.
This is used when the court concludes that the criminal act shows that the person is unfit for or may misuse a position, business, or activity. Public considerations must also indicate that loss of rights is necessary.
Special criminal reactions
People who were not accountable at the time of the act cannot be sentenced to ordinary punishment.
Being unaccountable means, according to the law, being psychotic, unconscious, or severely mentally challenged at the time of the act.
In the work of determining whether a person is unaccountable, the court uses psychologists and psychiatrists.
Compulsory mental health care
A sentence of transfer to compulsory mental health care means that the convicted person is transferred to the specialist health service. In practice, this means psychiatric hospital treatment to treat the mental disorder. This is relevant if the accused was unaccountable at the time of the act. In addition, it must be necessary to protect society from new serious crimes.
A sentence of compulsory mental health care must be reviewed by the court every three years and can last a lifetime. If the person is declared healthy at some point, they will be released. There is also a possibility to sentence the person to continue serving in prison. This requires that a condition of risk of recurrence is met.
Compulsory care
An offender who cannot be punished because they had severe intellectual disability (unaccountable) at the time of the act can instead, under certain conditions, be sentenced to compulsory care. A basic condition for imposing compulsory care is that it is considered necessary to protect society. In addition, there must be an imminent risk that the offender will again commit a serious crime that endangers or puts at risk the lives and health of others.