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The instructions below specify the procedure to be followed. 1. Beneficiaries -The sentenced persons for whom it is established: that they have reached the terminal stage of an incurable illness; or that their detention is incompatible with their state of health. -The sentenced persons with regard to whom there are no contraindications: those contraindications refer to the risk they would commit new serious punishable facts during the interim release for medical reasons, to the fact that they would not have any place of residence nor accommodation, or to the risk that they would harass the victims. -The sentenced persons – or their representatives – who accept the conditions that have been attached to the interim release for medical reasons and whereby any contraindications have been taken into account. 2. Procedure at prison level 2.1 Request of the sentenced person The sentenced persons who consider themselves to be eligible for an interim release for medical reasons submit a written request at the registry of the prison. The representative of the registry informs the prison warden immediately. There are no particular conditions attached to the aforementioned request. NB: when the sentenced persons are unable to express their will personally, the request can be submitted by their representative (see footnote 1 on page 1). 2.2 Compilation of the file -The prison warden immediately transmits the request of the sentenced person to the general practitioner of the prison for consideration. -The general practitioner submits their advice to the reference physician of the central penitentiary administration without any delay. -The reference physician of the central penitentiary administration immediately provides their advice, as well as the advice of the general practitioner of the prison, to the prison warden. -NB: the sentenced persons can also obtain the advice of a physician of their choice. In that case, the advice of the aforementioned physician is added to the file. -The prison warden formulates a substantiated advice without delay, taking into account any possible contraindications and the conditions to resolve those. -Assuming they are available and that they are not already in the possession of the sentence enforcement court, they complete the file with the following documents: -the detention note; -a copy of the judgments and rulings; -the summary of the facts; -an extract from the judicial records; -where appropriate, the statement of the sentenced person or their lawyer. 2.3 Transmission of the file to the judge of the sentence enforcement court -Within 24 hours after receipt of the file, compiled as described in point 2.2, the registry of the prison transmits the aforementioned file to the competent judge of the sentence enforcement court, being the president of the competent sentence enforcement court. -They also transmit that file to the public prosecutor's office at the competent sentence enforcement court. 3. Procedure at the level of the judge of the sentence enforcement court The public prosecutor's office formulates a substantiated advice, which is then transmitted to the judge of the sentence enforcement court, with a copy to the prison warden and the sentenced person. Within seven days, the judge of the sentence enforcement court takes a decision on the basis of the transmitted file. This is a purely written procedure. Within 24 hours, the judgment is notified to the sentenced persons by judicial letter and communicated to the public prosecutor's office and the prison warden in writing. 4. Provisional arrest The public prosecutor at the court of the court district in which the sentenced persons are located, can order the provisional arrest if the sentenced persons are a serious threat to the physical or the psychological integrity of others. The judge of the sentence enforcement court takes a decision within seven working days following the imprisonment of the sentenced persons, after having conducted contradictory proceedings. If no decision has been taken by the end of the aforementioned period, the sentenced persons have to be released again. 5. Revocation The public prosecutor's office can request the judge of the sentence enforcement court to revoke the interim release for medical reasons in the following cases: -when the sentenced persons were convicted because of a crime or an offence committed during the period that equals the part of the custodial sentences that still remains to be served at the time of the interim release, or within a period of ten years in case of a conviction to a life sentence; -when the particular conditions that were imposed are not respected; -when the medical reasons for an interim release are no longer present; -when the sentenced persons are a serious threat to the physical or psychological integrity of others. In the framework of the interim release for medical reasons, the law does not provide for the possibility to suspend or review the conditions. 6. Appeal before the Court of Cassation It is possible to lodge an appeal before the Court of Cassation against the aforementioned decisions taken by the judge of the sentence enforcement court, under the same conditions as the decisions of the sentence enforcement court. 7. Definitive release The sentenced persons are granted a definitive release after having served the part of the custodial sentences that still remained to be served at the time of the interim release or after a period of ten years in case of a conviction to a life sentence.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country? Special Remarks or Comments
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According to Danish law the enforcement of a prison sentence or a part thereof must be postponed when regard for the convicted offender’s situation, including e.g. health, makes it appropriate; and postponement of the enforcement of the sentence is not inappropriate for law enforcement reasons or preventive policing reasons. Based on case law extensive consideration is shown for the convicted offender’s health – especially if an immediate enforcement of the prison sentence presumably will induce risk of impairment or intervene extensively in ongoing treatment or convalescence. By default postponement shall be limited to a specific time period. If the convicted offender suffers from a critical disease the enforcement can however be postponed until further notice. Permission to postpone the enforcement of a prison sentence is subject to the condition that the convicted offender does not commit any criminal offence. Furthermore permission may be made subject to the condition that the convicted offender in general observes any conditions stipulated.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country?
A temporary interruption of the enforcement of a sentence may be permitted when exceptional circumstances in the nature of e.g. health make an immediate continuation of the enforcement of the sentence inappropriate; there is presumably no danger of abuse; and interruption of the enforcement of the sentence is not inappropriate for law enforcement reasons. Permission to a temporary interruption of the enforcement of a sentence is given for a specific time period and for at least one day. Permission is subject to the condition that the inmate does not commit any criminal offence. Furthermore permission may be made subject to the condition that the inmate in general observes any conditions stipulated.Special Remarks or Comments
Sentencing policy is a matter for Courts. The Irish Prison Service does not have any role in relation to deferment of prison sentence at the sentencing stage.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country?
If a person is serving a prison sentence and requires medical treatment, the following may apply: A person serving a prison sentence who requires medical treatment may be considered for temporary release by the Minister for Justice and Equality for the duration of treatment. If a prisoner is refused temporary release, s/he would remain under the escort of prison staff (i.e. in custody of the Governor) for the duration of any hospital treatment. Legislation governing the powers of the Minister to grant temporary release is provided for in section 2 of the Criminal Justice Act 1960 as substituted by section 1 of the Criminal Justice (Temporary Release of Prisoners) Act 2003 and as amended by section 110 of the Criminal Justice Act 2006, which grants the Minister for Justice and Equality the power to make rules for the temporary release of persons serving a sentence of imprisonment, which has been done under the Prisoners (Temporary Release) Rules 2004 (Statutory Instrument. No. 680 of 2004). Each temporary release period is subject to certain conditions as specified in the direction of the Minister or rules under this section. All applications for temporary releases are assessed as per the criterion outlined in Section 2 of the Criminal Justice (Temporary Release of Prisoners) Act 2003. The type and duration of temporary release which may be granted depends on the circumstances of each prisoner.Special Remarks or Comments
Yes, in the Italian penal and penitentiary system it is possible to defer the execution of prison sentences (art. 684 of the criminal procedure code ‘Deferment of the execution’) when the offender is seriously ill as the Constitution protects the right to health and the re-educating aim of the punishment. The prisoner is released and the sentence will be executed after the necessary period for his/her recovery. The decision is adopted by the Supervisory Court upon request of the offender or of the healthcare and penitenitiary Services, in the following cases provided for by the criminal code: a) Compulsory deferment (as per art 147 of the criminal code) for persons suffering from full blown aids or persons suffering from serious immunodeficiency or for other serious diseases implying an incompatibility within prison regime because the sick person does no longer respond to current treatment; b) Optional deferment (as pert art 147 of the criminal code) for serious physical disease. The deferment has not been adopted or is revoked if the concrete danger of commiting offences exits. The Certification of the psysician of the public healthcare service or of the healthcare service operating within the national healthcare service, either concerning the seriousness of the disease or the above-mentioned incompatibility is always necessary. Thi is carried out by following diagnostic procedures and criteria established by Decree of the Ministry of Health.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country?
The Italian penitentiary Administration has specialized healthcare facilities (diagnostic-therapeutic Centres) and the National health centre which take charge of the sick persons within prisons. Art 11 of the Penitentiary Act (L.354/75) gives the opportunity to treat the prisoner even outside prison. However in case of serious disease, the prisoner can interupt the execution of the prison sentence for the period of treatment by asking deferment (as per art. 684 of the code of criminal procedure) in the same cases described at point 1. Besides, for drug addicted prisoners who shall serve a sentence not exceeding 6 years (or 4 for serious offences) the suspension of the 5 year sentence (as per art 90 of the Decree of the President of the Republic 309/90 governing the field of psychotropic substances, treatment and rehabilitation of the relevant drug addiction) is possible. In the latter case the Supervisory Court ascertains that the offender has been submitted to therapeutic and socio-rehabilitation treatment with positive results according to the procedures and protocols established by inter-ministerial decrees and agreements between local heathcare and penitentiary structures. In case of psychic disease suddenly appeared before or during the execution of the sentence the judge orders (as per art. 148 of the criminal code) the hospitalization in judicial psychiatric hospitals or prison hospitals (security measures) for the length of illness. In such case the Constitutional Court declared illegal the decision to suspend the sentence (judgement n. 145 of 19.06.1975).Special Remarks or Comments
The Sentence Execution Code of Latvia, Section 116: If during serving of the sentence the convicted person has become ill with a mental illness or other serious incurable disease due to which he or she is incapable of continuing to serve the sentence, the sentence execution institution shall ensure that an expert-examination is carried out in accordance with the law. Taking into account the opinion of the commission of doctors the sentence execution institution may propose to the court that such person be released from further serving of the sentence. A submission regarding release of the convicted person from further serving of the sentence together with the opinion of the commission of doctors and information regarding the health or mental condition of the convicted person during the serving of the sentence, as well as information regarding the possible future location of the person shall be sent to the district (city) court in the territory of operation of which the deprivation of liberty institution is located.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country?
Criminal Procedure Law, Section 640: (1) If a convicted person has fallen ill with a mental disturbances during the serving of a punishment of deprivation of liberty, and therefore he or she may not be located in a prison and medical treatment is necessary for him or her, a judge may, based on the findings of an expert-examination, release the convicted person from the serving of the punishment, determining treatment for such person. (2) If a person referred to in Paragraph one of this Section is not dangerous to society on the basis of the nature of a committed offence and his or her mental condition, a court may place him or her under the care of a kinsperson or other persons who will nurse the patient, and under the supervision of a medical treatment institution on the basis of his or her place of residence. (3) If, during the period of serving a punishment, a convicted person whose determined punishment is not related to deprivation of liberty falls ill with mental disturbances, a judge may take a decision on his or her release from further serving of the punishment. (4) If a convicted person falls ill with a serious illness that is not mental disturbances, a judge may take a decision on his or her release from further serving of the punishment, taking into account the nature of the committed criminal offence, the character of the convicted person, and other circumstances. (5) In releasing a convicted person from the further serving of a punishment in connection with an illness, a court may release him or her not only from the basic punishment, but also from an additional punishment, indicating such release in a decision.Special Remarks or Comments
The enforcement of a sentence has to be defered, when the convict has a mental disease, when he has another illness, that brings him into the danger of life, if the sentence would be enforced or when he is in a physical condition, that does not allow the enforcement of the sentence.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country?
A prison sentence can be interrupted for medical treatment, when the prisoner has a mental disease, when he has another illness, that brings him into the danger of life or when he is that ill, that the illness can not be medicated in prison or in a prison hospital. It has to expected, that the illness will exist for a serious time. The prison has to inform the execution agency about the illness of the prisoner. The sentence can not be interrupted for medical treatment, if serious reasons, especially reasons mentioned the safety of the community members, do not allow an interruption. The possibilities for enforcement and interruption of a sentence are regulated in § 455 Strafprozessordnung (code of criminal procedure).Special Remarks or Comments
To a person sentenced to imprisonment or imprisonment of 40 years enforcement of sentence, on his request, can be delayed for many reasons. The first reason is if the person has acute illness and in the prison there are no treatments, or the person is hospitalized or placed in post-hospital rehabilitation treatment. Execution of prison sentence or prison sentence of 40 years, in this case, can be delayed until the illness, hospitalization or post-hospital rehabilitation treatment lasts. The delay of punishment for this reason is possible only on the basis of the findings and opinions of medical experts.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country?
Interruption of execution of a sentence of imprisonment or imprisonment of 40 years can be granted to prisoner's request or suggestion of the head of the prison for the same reasons on which it can be granted and the delay of sentence execution. The decision for delay brings the Ministry of Justice and the interruption time is not counted in the time of execution of sentence. In case when the request for interruption is submitted by the prisoner, the opinion from the head of the prison is needed, and if the treatment is the reason, the findings and opinions of medical experts are also submitted.Special Remarks or Comments
In Norway the enforcement of prison sentence of a convicted person who is still at liberty may be deferred for the reasons prescribed in the law. In such cases, the serving of the sentence may be deferred for a limited period. Deferring is mainly relevant when the convict is suffering from documented serious illness, either somatic or mental disease, which makes enforcement of the sentence inadvisable. In this case the convict is entitled that the sentence is postponed. Deferment is granted as long as enforcement is not possible and justifiable. The law also mentions that deferment can be granted due to “other substantial grounds”. These reasons may justify deferment of the sentence, without giving the convict any unconditional rights. Typical examples are granting deferment until the convict’s children are taken care of in a proper way or that less serious medical issues should be treated before enforcement of the sentence. A shorter deferment can also be granted in a number of other cases, for example to allow time for young convicts to complete a commenced semester in school.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country?
According to law, the Correctional Service may decide that execution of the sentence shall be interrupted if the convicted person’s health condition requires it, or if there are other particularly weighty reasons for doing so that cannot otherwise be satisfied. Prisoners are given health services in prison. This is provided by the municipal health services. If required, the prisoner will however be granted leave of absence or escorted leave in order to get medical treatment outside the prison. If necessary, the prisoner may be transferred to a public hospital for medical treatment for a limited time period or apply for interruption of the sentence. A sentence may in special cases also be wholly or partly executed by 24-hour detention in an institution if such detention is necessary for improving the convicted person’s capacity to function socially and law-abidingly, or there are other weighty reasons for doing so.Special Remarks or Comments
On the basis of the Law execution of punischment in prison, there is a possibility of suspension/deferring of a sentence in prison because of the illness of prisoners. The solution provides the execution judge, at the request of the prisoner or their family members. The cause of severe acute illness or significant exacerbation of chronic diseases for which the treatment has no conditions in penalnom system. The delay can last until the disease lasts.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country?
On the basis of the Law execution of punischment in prison , there is a possibility of separation/interrapting of imprisonment for the treatment of prisoners. The solution provides the judge of execution to the statement of prisoners, or family, or Manager of the prison. Cause-severe acute illness or significantly worsening of chronic diseases for which the treatment has no conditions in penalnom system. _Breakage for treatment can;t last more than 12 months.Special Remarks or Comments
Enforcement of a prison sentence may be deferred provided a person is seriously ill that prevents him from serving his sentence – for the period until he gets well. Enforcement of a prison sentence may not be deferred provided a person is sentenced for grave or very grave crimes, reoffenders included. Enforcement of a prison sentence may be deferred only after the final judgment comes into force. A person may be exempt from enforcement of a prison sentence provided he gets ill with incurable disease before the final judgment comes into force. A person who gets ill with incurable disease after the final judgment comes into force may be exempt from serving the rest of his sentence. A person with mental disorders that appeared as a result of a crime comitted or imposed sentence; that prevent him from perceiving or controlling his actions may be exempt from serving the rest of his sentence. Provided a person gets well he may be sent back to prison for serving the rest of the sentence. Mandatory medical measures, if imposed, are included into the term of a prison sentence.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country?
Interruption of a prison sentence for medical treatment of a prisoner is not established in the law. Ill inmates get medical treatment at the Central prison hospital.Special Remarks or Comments
There are no powers for the courts or Scottish Ministers to defer the enforcement of a prison sentence for reasons of illness. No such possibility exists.How is the possibility to interrupt a prison sentence for medical treatment of the prisoner regulated in your country?
No such possibility exists. The offender would receive treatment whist serving the sentence, including in a hospital.Special Remarks or Comments
Supported by the Justice Programme of the European Union