(1) Notwithstanding section 3, the following persons are not eligible on account of punishment, cf. however subsections (3) and (4):
(i) any person who has, by final judgment, been given an unsuspended or suspended prison sentence;
(ii) any person who has, by final judgment, been sentenced to placement in an institution or commitment to safe custody under sections 68-70 of the Criminal Code (straffeloven); and
(iii) any person whose driving licence has been suspended by final judgment or extrajudicial measure under section 126 of the Traffic Act (færdselsloven).
(2) Final judgment under subsection (1) means
(i) any judgment issued by the Supreme Court of Denmark;
(ii) any judgment against which no appeal was brought within the period normally allowed for appeal;
(iii) any judgment which cannot be appealed to a higher court without special permission, andwhere the period normally allowed for submission of an application to the Danish Appeals Permission Board has expired without an application being submitted; and
(iv) any judgment which cannot be appealed to a higher court without special permission, and where the Danish Appeals Permission Board has rejected the application for permission to appeal to a higher court.
(3) A punishment, cf. subsection (1), will not result in the forfeiture of eligibility when a period of three years has passed since the sentence has been served, repealed, remitted or has lapsed, cf. however section 101(6). If the punishment is an unsuspended prison sentence for more than six months, or if the relevant person has been sentenced to safe custody, however, the period is five years. In case of a suspended prison sentence or unconditional suspension of the driving licence, time begins to run on the date of the final judgment. In case of an extrajudicial measure to suspend the driving licence unconditionally, time begins to run on the date of such extrajudicial measure. However, a suspended prison sentence will not result in the forfeiture of
eligibility beyond the term of office within which the final judgment is issued.
(4) However, a person will always have the right to stand in elections regardless of lack of eligibility on account of punishment.