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alternative sentence of imprisonment

English translation: imprisonment instead of community service, etc. (see below)

19:32 Nov 22, 2012
English language (monolingual) [PRO]
Law/Patents - Law (general)
English term or phrase: alternative sentence of imprisonment
Hello everyone,

http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/...

§ 59. New criminal act
If the convicted person commits a new criminal act during the period of execution of the sentence, the provisions of section 28b, second and third paragraphs of the Penal Code shall apply.
If the convicted person is charged with a criminal act that may entail serving the alternative sentence of imprisonment pursuant to section 28b, second and third paragraphs, the execution of the sentence may be interrupted.

The link above is to the Penal Code.

Do I understand correctly that "alternative sentence of imprisonment" means imprisonment as an alternative to other forms of punishment/sentence, for example, a convicted person can serve a community sentence or a prison sentence and serving prison sentence will be an alternative to the community sentemce an can be called alternative sentence of imprisonment?

Thank you.
Mikhail Korolev
Local time: 03:45
Selected answer:imprisonment instead of community service, etc. (see below)
Explanation:
This is from the General Civil Penal code of Norway. Section 28 reads:

"28a. When imposing a community sentence the court shall determine
a) a number of hours that shall range from 30 to 420 hours,
b) an alternative sentence of imprisonment which shall correspond to the sentence of imprisonment that would have been imposed in the absence of a community sentence, and
c) a period for its execution, which shall as a rule correspond to the alternative sentence of imprisonment. If the latter is shorter than 120 days, a period for its execution not exceeding 120 days may, however, be determined.
When determining a period for execution and an alternative sentence of
imprisonment, section 25 shall apply correspondingly [...]

28b. On application the District Court may by a judgment decide that the
alternative sentence of imprisonment shall wholly or partly be executed when the convicted person has
a) contravened provisions made in or pursuant to section 54, first and second paragraphs, section 55 or section 58, first paragraph (a) to (d) of the Execution of Sentences Act, or
b) committed a new criminal act before the expiry of the period for execution.
When reversing the sentence the court shall take into account how much of the community sentence has already been executed. If the alternative sentence of imprisonment is not to be wholly executed, the court may extend the period for its execution by not more than six months."
http://www.ub.uio.no/ujur/ulovdata/lov-19020522-010-eng.pdf
Selected response from:

Filippe Vasconcellos de Freitas Guimarães
Brazil
Local time: 21:45
Grading comment
Thank you, fvasconcellos.

4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
3 +4imprisonment instead of community service, etc. (see below)
Filippe Vasconcellos de Freitas Guimarães


  

Answers


9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
imprisonment instead of community service, etc. (see below)


Explanation:
This is from the General Civil Penal code of Norway. Section 28 reads:

"28a. When imposing a community sentence the court shall determine
a) a number of hours that shall range from 30 to 420 hours,
b) an alternative sentence of imprisonment which shall correspond to the sentence of imprisonment that would have been imposed in the absence of a community sentence, and
c) a period for its execution, which shall as a rule correspond to the alternative sentence of imprisonment. If the latter is shorter than 120 days, a period for its execution not exceeding 120 days may, however, be determined.
When determining a period for execution and an alternative sentence of
imprisonment, section 25 shall apply correspondingly [...]

28b. On application the District Court may by a judgment decide that the
alternative sentence of imprisonment shall wholly or partly be executed when the convicted person has
a) contravened provisions made in or pursuant to section 54, first and second paragraphs, section 55 or section 58, first paragraph (a) to (d) of the Execution of Sentences Act, or
b) committed a new criminal act before the expiry of the period for execution.
When reversing the sentence the court shall take into account how much of the community sentence has already been executed. If the alternative sentence of imprisonment is not to be wholly executed, the court may extend the period for its execution by not more than six months."
http://www.ub.uio.no/ujur/ulovdata/lov-19020522-010-eng.pdf

Filippe Vasconcellos de Freitas Guimarães
Brazil
Local time: 21:45
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 12
Grading comment
Thank you, fvasconcellos.

Peer comments on this answer (and responses from the answerer)
agree  Charles Davis: It's also in the document cited in the question.
37 mins
  -> Thank you, Charles :)
agree  Yvonne Gallagher
2 hrs
  -> Thank you!
agree  John Alphonse (X)
5 hrs
  -> Thank you, John!
agree  Mohammad Ali Moinfar (X)
23 hrs
neutral  Seth Phillips: Alternative sentencing is the term in the US. Not all alternative sentencing allows for community service, some involve probation, among others not related to community service.
3558 days
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