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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: In Belgium, foreigners stay in pre-trial detention longer on average. Belgium is looking for alternatives within Europe member states for the pre-trial detention and sentencing of foreigners. Belgium is also keen to see under what conditions this could be done. Currently, foreigners make up about 43% our prison population. The Belgian policy unit wishes to submit a number of questions regarding the legislation on foreign nationals through Europris’ KMS. If European partner countries are familiar with their EMN office, they can always consult it when answering the questions.
We make a difference between foreigners of third countries and no nationals belonging to EU Stante Members.
What is the proportion of foreign nationals in the total prison population (both accused and sentenced persons)?For 2021: National Foreingners Third countries EU Pre trial 3.545 3.393 2.629 (77'48 %) 764 (22'52 %) Sentenced 30.382 9.016 7.032 (78'00 %) 1.984 (22'00 %) Total 33.927 12.409 9.661 (77'85 %) 2.748 (22'15 %)
Is the pre-trial detention always executed in a prison setting? Which alternatives does your country have?This issue belongs to Judicial Administration.
Can you provide figures on the number of foreign nationals who benefit from each of the alternatives for the execution of pre-trial detention?Same as before.
Is the fact that a sentenced foreign national does or does not have a right of residence in your country an eligibility criterion for the modalities for the enforcement of custodial sentences?Having a right of residence has influence in reintegration possibilities. In this sense, it is an important criteria for the application of open regimen and probation.
Are there, during the execution of the sentence, agencies that specifically work towards returning foreigners without a right of residence to the country where they have a right of residence?There no specific agencies.
Does your national legislation provide for special modalities for the enforcement of custodial sentences for foreign nationals without a right of residence that are specifically aimed at promoting the removal from the territory?Yes, there are different removal possibilities.
Is there a specific prison regime for foreign nationals (centralised in a prison wing, a separate prison ...)?No. The regime inside prison is the same for nationals and foreing nationals.
Does your national legislation provide for a form of administrative custody in prison? By administrative custody, we mean custody in prison purely to allow for the organization of an actual removal/transfer..Yes, but it is not an issue of Penitentiary Administration.
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In the Immigration Act from 2008, article 5, any person who is not a Norwegian national is a foreign national.
What is the proportion of foreign nationals in the total prison population (both accused and sentenced persons)?2021: 30 sept 2021 total incarcerated - 3225. Persons with foreign citizinship 747. ca 23 %.
Is the pre-trial detention always executed in a prison setting? Which alternatives does your country have?Imprisonment is the most common pre trial detention. Section 181 in the Act of criminal procedures The prosecutor can decide to accept that the arrested person shall not leave a specific place or promise to present himself to the police at specific times, or make other conditionssuch as handing over the passport, various licences.Section 181 The court can decide as alternative to detention the above mentioned alternatives. In addition the court can decide the provision of security in the form of a surety,deposit or mortgage of property. ( section 188) This alternative is very seldom used. for children under 18 years other specified alternatives are usable in the individual cases. Electronic monitoring is not an alternative for pre trial detention.
Can you provide figures on the number of foreign nationals who benefit from each of the alternatives for the execution of pre-trial detention?Detention - foreginers from all countries. 2021: 30,3 % . 603 persons of the total no 2026. Alternative pre trial for the execution/detention are numbers collected by the police, and not the correctional service. But generally the numbers are very small.
Is the fact that a sentenced foreign national does or does not have a right of residence in your country an eligibility criterion for the modalities for the enforcement of custodial sentences?No. it is concidered a criminal case, whereas the question of recidence is authorized under the act of Immigration. The immigration autorities makes the order of return for each individual before the release from prison.
Are there, during the execution of the sentence, agencies that specifically work towards returning foreigners without a right of residence to the country where they have a right of residence?Yes The immigration authoroties and the police.
Does your national legislation provide for special modalities for the enforcement of custodial sentences for foreign nationals without a right of residence that are specifically aimed at promoting the removal from the territory?No.
Is there a specific prison regime for foreign nationals (centralised in a prison wing, a separate prison ...)?Yes. One of the prisons is specilized for this purpose.
Does your national legislation provide for a form of administrative custody in prison? By administrative custody, we mean custody in prison purely to allow for the organization of an actual removal/transfer..Yes. The Immigration Act section 106 gives the rules of arrest and detention in a holding centre for foreign nationals. This is orgainized outside the Correctional Agency.
Any person who resides in Switzerland at a given time, but who does not have Swiss nationality, is considered a foreigner. Their stay in Switzerland is regulated by different residence permits that define the duration of their legal presence. The “Federal law on Foreigners and Integration”, which regulates the entry into and exit from Switzerland, the residence of foreigners and family reunification, is neither applicable to nationals of the Member States of the European Community (EC) their family members and their children, neither to nationals of the European Free Trade Association (EFTA) member states and their families (source: “Federal law on Foreigners and Integration”: https://fedlex.data.admin.ch/filestore/fedlex.data.admin.ch/eli/cc/2007/758/20200401/fr/pdf-a/fedlex-data-admin-ch-eli-cc-2007-758-20200401-fr-pdf-a.pdf)
What is the proportion of foreign nationals in the total prison population (both accused and sentenced persons)?The proportion of foreign nationals in the total prison population was of 70,1% (more or less constant since 2004). To our knowledge, the Federal Statistical Office does not provide the percentage of EU vs. third-countries nationals, although it does provide a table showing the number of prisoners by nationality. It is therefore possible to distinguish between foreigners from the EU and other foreigners, but it would be necessary to count them one by one, which we have done. It results that out of the total foreign prison population in 2021 (70.1%) 73% came from non-EU-countries, and 27% from EU27-countries (source: https://www.bfs.admin.ch/bfs/fr/home/statistiques/criminalite-droit-penal/execution-penale/adultes-detenus.assetdetail.23585046.html)
Is the pre-trial detention always executed in a prison setting? Which alternatives does your country have?Electronic monitoring is in principle available for persons awaiting their sentence, but only a limited number of detainees meet the conditions to be granted this measure. Although we do not have precise data, it can be said that foreign nationals (in particular if they do not have a residence right), as they are deemed to represent a risk of absconding, are barely ever granted electronic monitoring while awaiting their trial. The Federal Statistical Office only provides data for persons executing a sentence through electronic monitoring and figures are very low: in 2021, 405 persons were executing a sentence under the modality of electronic monitoring, of whom 165 were foreigners (source: Federal Statistical Office: https://www.bfs.admin.ch/bfs/en/home/statistics/crime-criminal-justice/execution-penal-sentences-justice/employment-labour-electronic-home-detention-supervision.html)
Can you provide figures on the number of foreign nationals who benefit from each of the alternatives for the execution of pre-trial detention?In addition to the above, sentenced persons can execute their sentence in the form of community service if their custodial sentence is of a maximum of six months (since 1 January 2018, community service is no longer a sentence as such but a modality of executing a sanction; it is, therefore, no longer pronounced by a court but directly by the authority responsible for the execution of sentences). Out of the 3343 individuals who executed a sentence in the form of community service in 2021, 1335 were foreign nationals (but there is no information regarding their origin, namely EU vs. third nationals) (source: Federal Statistical Office: https://www.bfs.admin.ch/bfs/en/home/statistics/crime-criminal-justice/execution-penal-sentences-justice/employment-labour-electronic-home-detention-supervision.html)
Is the fact that a sentenced foreign national does or does not have a right of residence in your country an eligibility criterion for the modalities for the enforcement of custodial sentences?In theory, foreign nationals without a right of residence should not be excluded from modalities of enforcement of custodial sentences that represent alternatives to deprivation of liberty. However, conditions are strict and in practice it means that it is virtually impossible for them to access community service or electronic monitoring. The articles relating to community service (art. 79a CC) and electronic monitoring (art. 79b CC) in the criminal code both make it a condition that the person does not represent a risk of absconding. Their status tends to be automatically associated with such a risk.
Are there, during the execution of the sentence, agencies that specifically work towards returning foreigners without a right of residence to the country where they have a right of residence?The State Secretariat for Migration (SEM) determines under what circumstances a person may enter Switzerland to live and work. It also decides who is granted protection from persecution. In collaboration with the cantons, the SEM organises the accommodation of asylum seekers and the return of people who do not need protection to their country of origin. However, the SEM does not work directly with detainees. The most relevant initiatives are mostly canton-based and run jointly by civil society organisations, cantonal services for the execution of sentences and prisons. Examples include the International Social Service, which work among other with the Detention Cantonal Office of Geneva, or the Red Cross of Bern Canton, working jointly with authorities to help detainees develop a project enabling them to reintegrate their community after their release. A dedicated website will be launched in January 2023 with the support of the Swiss Center of Expertise in Prison and Probation to showcase good practices and compile relevant information for practitioners: www.info-retour.ch
Does your national legislation provide for special modalities for the enforcement of custodial sentences for foreign nationals without a right of residence that are specifically aimed at promoting the removal from the territory?Following a so-called “initiative” (under Swiss law, popular initiatives do not come from Parliament or the Federal Council, but from citizens and are considered to be one of the pillars of “direct democracy”), adopted by both the majority of people and of the cantons in February 2016, a judge is obliged, in some cases, to order the deportation from Switzerland of a person who is a national of a foreign state when he or she is criminally convicted, depending on the type of offence (Art. 66a CC). The provisions relate to any foreigner, which implies that any person who does not have Swiss nationality is likely to be subject to this article in the event of the commission of an offence (including if born in Switzerland). In 2021, 2,693 persons were ordered to be deported under Art. 66a of CC and in 59% of the cases, the expulsion was effective (Source: Federal Statistical Office).
Is there a specific prison regime for foreign nationals (centralised in a prison wing, a separate prison ...)?There is no specific prison regime or dedicated prison for foreign nationals, whether with a right of residence in the country or not.
Does your national legislation provide for a form of administrative custody in prison? By administrative custody, we mean custody in prison purely to allow for the organization of an actual removal/transfer..Foreign individuals can be placed in administrative custody as a way to secure a decision to enforce removal or expulsion (for a total duration of up to 18 months according to the Federal law on foreigners). In such cases, they should be detained in a dedicated facility. However, some prisons continue to hold foreigners in administrative custody which has been deemed inappropriate by the National Commission for the prevention of torture. The Commission has stated that, when such detention occurs, foreign national awaiting deportation should at least be placed in a dedicated sector and kept separated from other detainees and benefit from a more open regime (source: National Commission for the prevention of torture: https://www.nkvf.admin.ch/nkvf/fr/home/publikationen/factsheets.html)
(1) yes (2) yes
What is the proportion of foreign nationals in the total prison population (both accused and sentenced persons)?(1) 53 (without Estoninan nationals) (2) 133
Is the pre-trial detention always executed in a prison setting? Which alternatives does your country have?Mostly prisons, but also house of detentions.
Can you provide figures on the number of foreign nationals who benefit from each of the alternatives for the execution of pre-trial detention? Is the fact that a sentenced foreign national does or does not have a right of residence in your country an eligibility criterion for the modalities for the enforcement of custodial sentences?No.
Are there, during the execution of the sentence, agencies that specifically work towards returning foreigners without a right of residence to the country where they have a right of residence?Prison have special officers who specifically work towards returing foreigners without the right of residence.
Does your national legislation provide for special modalities for the enforcement of custodial sentences for foreign nationals without a right of residence that are specifically aimed at promoting the removal from the territory?Yes, there are options of early release.
Is there a specific prison regime for foreign nationals (centralised in a prison wing, a separate prison ...)?No.
Does your national legislation provide for a form of administrative custody in prison? By administrative custody, we mean custody in prison purely to allow for the organization of an actual removal/transfer..No.
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In the Foreigners Act of the Republic of Croatia (Official Gazette 133/20 and 114/22) Article 3 Paragraph 1 = the foreigner means a person who doesn’t hold Croatian citizenship. (1) national of a Member State of the European Economic Area (hereinafter: EEA) means a person holding the citizenship of one of the EEA Member State (2) Third-country national means a person who doesn’t have the citizenship of an EEA Member State or of the Swiss Confederation, but does have the citizenship of a third country or is a stateless person (a person who is not considered as a national by any state under its national legislation). A third country means a state other than an EEA Member State or the Swiss Confederation. Generally, in Croatian national legislation, the EU national means a person holding the citizenship of the one of the European Union (hereinafter: EU) Member States. In Croatian Prison system the foreign prisoner is a prisoner who doesn’t hold Croatian citizenship. There is no difference between foreigner and domestic prisoner in the enforcement of the prison sentence or pre-trial detention. Foreign prisoners have an additional right - they are entitled to correspond and have conversations with diplomatic and consular representatives of their country or of a state protecting their rights. Prisons and penitentiaries inform Croatian Ministry of Foreign and European Affairs about receiving and releasing foreigner prisoners.
What is the proportion of foreign nationals in the total prison population (both accused and sentenced persons)?On 7th December 2022 there were 505 foreigners (accused and sentenced persons) of the total of 4309 prisoners, which is 11,72 % of the total prison population. (1) There were 94 EU citizens (without Croatian citizenship), which is 2,18 % of the total prison population. (2) There were 379 third-country nationals, which is 8,79 % of the total prison population. (3) There were 32 stateless persons, that is prisoners without proof of citizenship, which is 0,74 % of the total prison population.
Is the pre-trial detention always executed in a prison setting? Which alternatives does your country have?The pre-trial detention is generally enforced in prison setting. Criminal Procedure Act defines a possibility of court ordering a pre-trial detention in the home in specific cases (pregnant women, person with physical disabilities which makes it difficult for them to move, 70 years old person, and other exceptional cases defined by the court) if the purpose of ordering detention may be achieved by prohibiting the person from leaving their home. There is a possibility of ordering by the court pre-trial detention in the house under an electronic monitoring, but the ordinance about the procedure of a pre-trial detention under an electronic monitoring is currently being drafted. According to the available information, a pre-trial detention in the home is ordered in a small number of cases.
Can you provide figures on the number of foreign nationals who benefit from each of the alternatives for the execution of pre-trial detention?----
Is the fact that a sentenced foreign national does or does not have a right of residence in your country an eligibility criterion for the modalities for the enforcement of custodial sentences?The right of residence is not a criterion for the enforcement of custodial sentence. Prisons and penitentiaries are obliged to register the temporary residence to the local police station for prisoners imprisoned longer than 3 months.
Are there, during the execution of the sentence, agencies that specifically work towards returning foreigners without a right of residence to the country where they have a right of residence?The Ministry of Interior and a police administration or a police station are the competent bodies for the enforcement of the Foreigners Act, that is, in deciding on temporary and permanent residence of the citizens of a Member State of the EEA, citizens of third-countries and foreigners and in deciding on voluntary return of citizens of third-countries and foreigners (decision on return) and their deportation (decision on expulsion).
Does your national legislation provide for special modalities for the enforcement of custodial sentences for foreign nationals without a right of residence that are specifically aimed at promoting the removal from the territory?No.
Is there a specific prison regime for foreign nationals (centralised in a prison wing, a separate prison ...)?No, see answer 1.
Does your national legislation provide for a form of administrative custody in prison? By administrative custody, we mean custody in prison purely to allow for the organization of an actual removal/transfer..No, Croatian national legislation doesn’t provide an administrative custody in prison for the third-country national or foreigner, yet they may be accommodated in reception centre for foreigners (hereinafter: centre) for the purpose of restricting the freedom of movement to ensure forcible removal and return if forcible removal and return cannot be ensured by less coercive measures. Accommodation in the centre may last only for the shortest period of time necessary to ensure forcible removal and during the activities of forcible removal that are carried out with due care. It may last up to 6 months if there is a risk of avoidance of the obligation to leave EEA or the Republic of Croatia, and may be extended for a maximum of 12 more months in the cases written in the Foreigners Act.
Persons who may be deported from the United Kingdom are defined by national legislation at S.3(5) of the Immigration Act 1971. Persons who are not British citizens, including EU nationals, can be deported subject to the exceptions in s7 of the Immigration Act 1971. A person is a British citizen if they satisfy the requirements under The British Nationality Act 1981. In certain circumstances EU nationals or third county family members of an EU national may be deported under saved provisions of The Immigration (European Economic Area) Regulations 2016 for conduct that occurred before 11pm on 31 December 2020Persons who may be deported from the United Kingdom are defined by national legislation at S.3(5) of the Immigration Act 1971. Persons who are not British citizens, including EU nationals, can be deported subject to the exceptions in s7 of the Immigration Act 1971. A person is a British citizen if they satisfy the requirements under The British Nationality Act 1981. In certain circumstances EU nationals or third county family members of an EU national may be deported under saved provisions of The Immigration (European Economic Area) Regulations 2016 for conduct that occurred before 11pm on 31 December 2020. https://www.legislation.gov.uk/ukpga/1971/77/section/3 https://www.legislation.gov.uk/uksi/2016/1052
What is the proportion of foreign nationals in the total prison population (both accused and sentenced persons)?For England and Wales, we publish the breakdown of nationalites but do not differentiate between those with or without right of residence: https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F1113584%2FPopulation_30Sep2022.ods&wdOrigin=BROWSELINK
Is the pre-trial detention always executed in a prison setting? Which alternatives does your country have?Pre -trial detention is always executed in a prison (for youths appropriate equivalent). Alternatives would be to be released on bail which could involve tagging.
Can you provide figures on the number of foreign nationals who benefit from each of the alternatives for the execution of pre-trial detention?---
Is the fact that a sentenced foreign national does or does not have a right of residence in your country an eligibility criterion for the modalities for the enforcement of custodial sentences?Execution of sentences are the same regardless of nationality.
Are there, during the execution of the sentence, agencies that specifically work towards returning foreigners without a right of residence to the country where they have a right of residence?Home Office (Immigration Enforcement) is responsible for the removal of foreign national offenders (FNO) who have no right to remain in the UK. FNOs may be removed before they reach the end of their custodial sentence under one of three schemes ( Prisoner transfer, Early Removal Scheme and Tariff Expired Removal Scheme).
Does your national legislation provide for special modalities for the enforcement of custodial sentences for foreign nationals without a right of residence that are specifically aimed at promoting the removal from the territory?For determinate sentences there is the early removal scheme (ERS) for prisoners under section 260 of the Criminal Justice Act 2003 allowing for their removal from prison 270 days early for the purposes of deportation. This has since been extended to 12 months under the Nationality and Borders Act 2022. For indeterminate sentence prisoners removal for deportation purposes can be at tariff expiry under section 32A of the Crime (Sentences) Act 1997 (TERS).
Is there a specific prison regime for foreign nationals (centralised in a prison wing, a separate prison ...)?HMPPS does operate three prisons with only foreign nationals; however, they abide by the same rules as the rest of the prison estate. Prisons which hold both FNOs and British nationals do not operate different regimes for the different cohorts.
Does your national legislation provide for a form of administrative custody in prison? By administrative custody, we mean custody in prison purely to allow for the organization of an actual removal/transfer..A FNO may be detained under immigration powers by the Home Office whilst deportation is being pursued. Although there is no time limit, the decision to continue detention must be reviewed regularly to ensure deportation is still reasonably foreseeable and likely. A FNO detained under immigration powers can apply for bail at any time.
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