The Penal Code

Part I. General provisions

Chapter 8. Community sentence

Section 48.Conditions for imposing a community sentence

A community sentence may be imposed instead of a sentence of imprisonment if

a.the severest penalty that would otherwise have been imposed is imprisonment for a term of one year,
b.the purpose of the penalty would not be defeated by a non-custodial sanction, and
c.the offender consents and is domiciled in Norway, Denmark, Finland, Iceland or Sweden.

The first paragraph, a), may be departed from if all or part of the penalty that would otherwise have been imposed would have been suspended, if the offender is under 18 years of age, and otherwise if there are strong reasons for imposing a community sentence.

Section 49.Number of hours, alternative sentence of imprisonment and execution period

When imposing a community sentence, the court shall set

a.a community sentence of between 30 and 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.an execution period, which shall normally correspond to the alternative sentence of imprisonment. If the alternative sentence of imprisonment is shorter than 120 days, the court may nevertheless set an execution period of up to 120 days.

Section 31, third paragraph, second and third sentences, apply correspondingly to the setting of the execution period and the alternative sentence of imprisonment.

Section 50.Power to impose conditions

When imposing a community sentence, the court may order that the convicted person shall, during the execution period,

a.comply with provisions made by the correctional services as to domicile, whereabouts, work, training or treatment, or
b.be prohibited from having contact with specific persons.

Section 51.Combination of a community sentence with other penalties

A community sentence may be combined with

a.an immediate sentence of imprisonment for a term not exceeding 60 days when warranted by special reasons, see section 32, first paragraph, a),
b.a fine, see section 54, first sentence, b), see also second sentence, or
c.loss of rights, see section 59, a).

Section 52.Breach of conditions for a community sentence

On application, the district court may by judgment decide that all or parts of the alternative sentence of imprisonment shall be executed when the convicted person

a.breaches provisions issued 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.commits a further criminal act before the end of the execution period.

In connection with such reversal, 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 executed in full, the court may extend the execution period by up to six months.

In the event of reversal pursuant to the first paragraph, b), the court may pass an aggregate sentence for both acts or a separate sentence in respect of the new act.

An application pursuant to the first paragraph, a), is made by the correctional services or the prosecuting authority. An application pursuant to the first paragraph, b), is made by the prosecuting authority. The application must be submitted to the court within three months of the end of the execution period.

The rules on notification in section 243 of the Criminal Procedure Act apply correspondingly to court hearings concerning reversal. The correctional services shall be notified pursuant to the same rules that apply with regard to the prosecuting authority.