prison
Custodial penalty in Danish law, imposed for a fixed term or for life
Prison is a custodial penalty under which the convicted person is deprived of liberty as part of the enforcement of the sentence. Under Danish law it is the most intrusive form of punishment after the fine, and it is imposed for more serious crime. Under the Danish Penal Code (straffeloven) § 31 the ordinary penalties are prison and fine, and § 33 sets out the length of a prison sentence.
A prison sentence may be imposed for a fixed term or for life. A fixed-term sentence may be set at a minimum of 7 days and a maximum of 16 years. In particularly serious cases, where several offences are assessed together, or where particularly aggravating circumstances are present, the sentence may be increased to up to 20 years.
Prison sentences are served in closed or open prisons and in local remand facilities, depending on the length of the sentence, the circumstances of the convicted person and the risk of escape. During service of the sentence the inmate is subject to a number of restrictions, but retains basic rights such as contact with the outside world, visits and the possibility of work or education.
It is important to distinguish a prison sentence from pre-trial detention. Pre-trial detention is not a punishment, but a temporary deprivation of liberty used during investigation and prosecution until a final judgment has been handed down. Only when a person has been convicted by a legally binding judgment does that person serve an actual prison sentence.
Prison as a form of punishment serves to punish, to deter, to protect society and to rehabilitate the convicted person. The specific length of a prison sentence depends on the seriousness of the offence, the risk of reoffending and other mitigating or aggravating circumstances in the individual case.
