t more than 16 years; where the term is three months or over, the sentence is generally served in one of the large State prisons; otherwise in one of the small local prisons;
b. youth prison, which if considered expedient, may be inflicted on persons between 15 and 21 years of age or, in appropriate cases, up to 23 years of age in lieu of ordinary imprisonment; the penalty of youth prison is indeterminate; as a principal rule release may take place at the earliest on the expiration of twelve months, the maximum term being normally three years; such penalities are served in special youth prisons;
c. simple detention, which is normally inflicted for a term ranging from seven days to six months.
The Danish Criminal Code provides for application of the following measures in lieu of punishment to persistent recidivists:
d. workhouses, which under conditions specified in sect. 62 of the Criminal Code may be applied in lieu of imprisonment; sentences of commitment to workhouse are indeterminate; release may take place at the earliest on the expiration of twelve months, the maximum term being normally four years; the penalty is served in a special institution;
e. preventive detention, which under conditions specified in sect. 65 of the Criminal Code may be applied in lieu of imprisonment to professional or habitual offenders, if deemed necessary for reasons of public safety; the sentence is indeterminate; release may take place only after the expiration of four years; preventive detention is served in a special institution.
Finally, Chapter IX of the Criminal Code provides for measures applicable to persons who are exempted from punishment owing to irresponsibility or to persons who, because of psychic abnormality of a different nature, are considered imperious to influence through punishment. In such cases, courts may decide in particular that the offender concerned shall be committed to:
f. a mental hospital;
g. an institution for mental defectives, or
h. one of the special detention centres which have been established for psychopathic offenders who are unsuitable for punishment. Such measures are indeterminate; their cancellation requires a court order.
4. Mandatory or collateral effects of criminal sentences entailing deprivation or restriction of freedom pronounced by criminal courts:
Section 78 of the Danish Criminal Code explicitly provides that a punishable offence shall not involve suspension of civil rights, including the right to carry on a trade or business under a licence. A person convicted of a punishable offence may, however, be debarred from carrying on a business requiring a special public authorisation or permission, if the offence carries with it an obvious risk of abuse of the position. Refusal of an application for such authorisation or permission is made by the authority which normally issues it; at the request of the person concerned, however, the question shall be brought before a court for decision.
Under Section 79 of the Criminal Code the terms of a sentence may provide that the right to continue to carry on a trade or business under a public authorisation or permission shall be withdrawn or restricted if the offence committed carries with it an obvious risk of abuse of the position. If warranted by special circumstances, the same applies to the carrying on of a business requiring no public authorisation or permission. The deprivation of such right is made for a period ranging from twelve months to five years, or for the time being, in which latter case the question may be reconsidered after the expiration of five years.
It follows from these provisions that sentences need not in all cases prevent the granting of a public authorisation or permission or the exercise of a profession, including academic activity. The facultative provision for depriving a convicted person of the righ
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