Regulation on the calculation of the duration of certain terms of sentences (15/400/2020)

Regulation Issued by the Criminal Sanctions Agency, record no. 15/400/2020,
12 August 2020

Legal basis: Chapter 3, section 9 and chapter 14, section 12 of the Imprisonment Act and section 58, subsection 2 of the Community Sanctions Enforcement Act

In force: From 1 September 2020

Repeals: Regulation on the enforcement of sentences (4/004/2018)

For: Enforcement Unit, prisons, and community sanctions offices

1. Scope of application

This regulation applies to the calculation of the term of sentence of prison sentences, monitoring sentences, which are classified as community sanctions, and conversion sentences for unpaid fine.

2. Units of time used in calculation

The duration of a fixed-term prison sentence and the deduction of a period corresponding to loss of liberty in accordance with chapter 3, section 1 of the Imprisonment Act and the duration of a sentence lengthened due to a request for review in accordance with section 6 of the same chapter are calculated in days in the decision on the term of sentence referred to in section 7a of the same chapter. The latter sentence is calculated so that the sentence to be enforced is converted into days and the number of days of the sentence enforced earlier is deducted from it.

The term of conversion sentence, the maximum duration of probationary period, the earliest date for prison leave, time counted or not counted as part of the term of sentence, the duration of probationary liberty under supervision ordered in months, and information on the release date are calculated based on the number of days. The length of the remaining sentence to be served during conditional release is calculated in days when the person serving a sentence is released from prison.

3. Calculation of the duration of term of sentence for enforcement started abroad

If the enforcement of a sentence was started in another country (transfer of enforcement to Finland), the sentence is considered having commenced on the day on which the enforcement was started in the country other than Finland in accordance with the transfer decision and its annexes.

4. Calculation of the duration of monitoring sentence

The period during which a monitoring sentence must be served is calculated based on the calendar days so that it ends on the day preceding the day of the month corresponding to the date on which the judgment becomes enforceable. If the enforcement of a monitoring sentence is suspended, the duration of the suspension period is calculated based on the number of days. The period of suspension is added to the term of serving starting from the day following the last day of the term of serving. Just as the period of suspension, the period of postponing a monitoring sentence is also calculated based on the number of days and added to the term of serving.

5. Transitional provisions

The calculation of the terms of prison sentences and monitoring sentences was changed from a system that was based on the calendar days to a system that was based on the number of days on 1 May 2015. The terms of sentences, which are enforced after the entry into force of the Act amending the Imprisonment Act (393/2015) but where all imputed offences were committed before 1 May 2015 and the court calculated the period of loss of liberty provided in chapter 6, section 13 of the Criminal Code of Finland based on the calendar days, are calculated based on both the calendar days and the number of days in accordance with the government proposal HE 45/2014 (parliamentary document p. 63) regarding the legislative amendment. The decision on the term of sentence is made based on the calculation method that produces the earliest release or conditional release of the person serving a prison sentence or a monitoring sentence.

In the aforementioned cases, if the result of the comparison is the calculation based on the number of days, the terms of sentences are calculated only based on the number of days if new sentences are to be enforced later. The terms of sentences are calculated only based on the number of days if even one of the imputed offences of the enforced prison or monitoring sentence has been committed, a conversion sentence for unpaid fines is enforced, or a decision on the time counted or not counted as part of the term of sentence is made after the entry into force of the Act amending the Imprisonment Act (393/2015).

The regulation enters into force on 1 September 2020. There is no transitional period for the application of this regulation, as the regulations on the calculation of the duration of a sentence term remain the same as in the repealed regulation on the enforcement of sentences (4/004/2018).

Director General Arto Kujala

Enforcement Director Niina Kallio-Nordlund