The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Chapter IV
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
The public prosecution service’s role in the enforcement of sanctions is mainly to work as a back-up threat in enforcing the community sanctions.
Persons sentenced to a community service order are required to follow the service plan and any orders and instructions, as well as conscientiously carry out the assignments that have been given. Minor violations are dealt with reprimands; more serious violations are reported to the public prosecutor, who may take the case to court. If the court finds that the conditions of the community service order have been seriously violated, it converts the remaining portion of the community service order into unconditional imprisonment.
A similar system has been adopted in connection with juvenile punishment. If the convicted person violates the order he would receive a written reprimand from the probation service. In the case of a more serious violation, a report is prepared for the prosecutor on the matter, who may refer the matter to the court. The court decides on the sanction for a serious violation of the conditions of juvenile punishment.
The prosecutor is involved also in the system of default fines. If the fine is not paid it may be converted into imprisonment (default imprisonment) through separate proceedings. Chapter 2a Sect. 4 CC states: a person, who has been sentenced to a fine and from whom the collection of the fine has failed, shall be ordered to imprisonment in lieu of the unpaid fine.
In this case, the prosecutor is a link in a rather long chain, starting with the efforts to find the money and the defendant. However, if the offenders refuse to pay the fines, and this was not due to the lack of money, the prosecutor may finally demand the fine to be converted into imprisonment. However, the prosecutor may withdraw this demand on the basis of arguments similar to those guiding diversionary non-prosecution.
Conditional sentences are imposed without any specific instructions or conditions for behaviour. The only condition is that the offender must not commit further crimes. If this happens, the case is normally taken into court and the prosecutor may demand that the conditional sentence will be enforced.
The prosecution service has no specific role in supervising the behaviour of those granted a pardon.
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
The public prosecution service’s role in the enforcement of sanctions is mainly to work as a back-up threat in enforcing the community sanctions.
Persons sentenced to a community service order are required to follow the service plan and any orders and instructions, as well as conscientiously carry out the assignments that have been given. Minor violations are dealt with reprimands; more serious violations are reported to the public prosecutor, who may take the case to court. If the court finds that the conditions of the community service order have been seriously violated, it converts the remaining portion of the community service order into unconditional imprisonment.
A similar system has been adopted in connection with juvenile punishment. If the convicted person violates the order he would receive a written reprimand from the probation service. In the case of a more serious violation, a report is prepared for the prosecutor on the matter, who may refer the matter to the court. The court decides on the sanction for a serious violation of the conditions of juvenile punishment.
The prosecutor is involved also in the system of default fines. If the fine is not paid it may be converted into imprisonment (default imprisonment) through separate proceedings. Chapter 2a Sect. 4 CC states: a person, who has been sentenced to a fine and from whom the collection of the fine has failed, shall be ordered to imprisonment in lieu of the unpaid fine.
In this case, the prosecutor is a link in a rather long chain, starting with the efforts to find the money and the defendant. However, if the offenders refuse to pay the fines, and this was not due to the lack of money, the prosecutor may finally demand the fine to be converted into imprisonment. However, the prosecutor may withdraw this demand on the basis of arguments similar to those guiding diversionary non-prosecution.
Conditional sentences are imposed without any specific instructions or conditions for behaviour. The only condition is that the offender must not commit further crimes. If this happens, the case is normally taken into court and the prosecutor may demand that the conditional sentence will be enforced.
The prosecution service has no specific role in supervising the behaviour of those granted a pardon.
