Different Types of Punishment
A person found guilty in a criminal case may be sentenced to various types of punishment. These are ranging from fines to imprisonment and preventive detention. The punishment depends, among other things, on the crime committed.
Fine
A fine can be used either as the sole punishment 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 to give the convicted person a noticeable reaction.
The amount of the fine should be set based on the severity of the criminal act. In addition, the convicted person’s financial situation should be taken into account.
In cases of driving under the influence, a fine of 1.5 times the convicted person’s gross monthly salary should always be used.
Unconditional imprisonment sentence
A person sentenced to unconditional imprisonment must serve the sentence in prison.
If the offender is under 18 years old at the time of the offense, they can only be sentenced to imprisonment when it is particularly necessary.
The Correctional Service can release the convicted person on probation when two-thirds of the sentence and at least 60 days have been served. Probation is only granted if the Correctional Service believes the convicted person will not commit new crimes during the probation period. The sentence should be served as close to the home as practically possible.
Conditional imprisonment sentence
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 shows the conditions the court can set to postpone the execution of the sentence and for the sentence to eventually be waived.
The sentence is waived if the conditions are met. This requires that the convicted person does not commit new criminal acts during a set probation period is always a condition. The probation period is usually two years.
Other conditions may include:
- Meeting the victim in the mediation council and fulfilling any mediation agreements made with the victim
- Staying at a specific place
- Completing education
- Abstaining from alcohol
- Narcotics program with court control
A narcotics program with court control is an alternative to unconditional imprisonment and is used as a special condition for a conditional sentence. The convicted person should become drug-free and be steered away from a criminal path through comprehensive and individual rehabilitation.
Youth punishment
Youth punishment is an alternative for offenders between 15 and 18 years old who commit a serious crime or multiple crimes. The goal of the punishment is to help the youth out of crime and avoid having to place 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 punishment should be adapted 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 were severely mentally retarded (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.