Amendments To The Law "about The Empowering Nature Of Coercive Measures For Children"

Original Language Title: Grozījumi likumā "Par audzinoša rakstura piespiedu līdzekļu piemērošanu bērniem"

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/91.4

The Saeima has adopted and the President issued the following law: amendments to the law "on the empowering nature of coercive measures for children" make law "on educative nature coercive measures for children" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 23; 2004, 2, 14 no, no 8; 2005; 2006; 2007, no 2, no 3; Latvian journal, 2010, 74 no; 2015, 127 no). the following amendments: 1. Replace article 2 the words "the law" with the words "the law". 2. Turn off the article 4, paragraph 4, the words "in respect of which the decision on administrative infringement cases or transmission of material in the municipal Administrative Commission of educative nature coercive measures." 3. in article 15: Supplement to the second part of the article as follows: "(2) if the violation is committed by a child between the ages of 11 to 14 years, the institution (official) checks the facts of violation of the code of administrative offences."; believe the current text of the first part of the article. 4. Supplement article 16 with the third subparagraph by the following: "(3) the first paragraph of this article are also to be added to the case of the infringement or administrative violation test materials, if they have a role in deciding the proper case. Documents require authority (officials) empowered to initiate proceedings for administrative offences in the case or to review an administrative offence case. " 5. Article 21: replace the first and second paragraphs, the word "officer" with the word "representative"; Add to article 1.1 part as follows: "(11) the Court, in which the appearance of the Administrative Commission of the request for the educative nature coercive, mandatory application of the participating children, one of his parents (guardian) or a representative of the family courts, the representative of the Administrative Commission, the local representative of the institution making the offence prevention work with children, and the police representative. '; off in the third paragraph, the word "(pagastties)". 6. Replace article 24, in the fourth paragraph, the words "on the basis of the child's written explanation" with the words "without the presence of the child, on the basis of the materials in the case". 7. Replace article 25.2 of the third paragraph, the words "for the settlement of the Administrative Commission shall record the minutes of the hearing" with the words "settlement in writing in". 8. in article 26: make the first part of paragraph 1 by the following: "1) to apply one of the following statutory basic educative nature coercive means or basic and advanced feature of coercive detention. The decision shall specify the period within the appropriate educative nature coercive execution start up; " to make the second part of paragraph 1 by the following: "1) to apply one of the following statutory basic educative nature coercive means or basic and advanced feature of coercive detention. The decision shall specify the period within the appropriate educative nature coercive execution started; ". 9. Express article 27 paragraph 6 by the following: "6) up to the date of adoption of the decision, two months have elapsed from the administrative violation or infringement of the case examination of the date of receipt of materials;". 10. Express article 28, second subparagraph by the following: "(2) the decision of the Administrative Commission of the legal representatives of the child and the victim (if the victim is a child, his legal representatives) may be appealed to the district (municipal) Court within 10 working days of its adoption. The complainant applied for judicial review of the administrative offences code of Latvia norms. " 11. Supplement article 33 with 2.1 part as follows: "(21) if the child is consciously avoids the empowering nature of decision on coercive execution and application of the Administrative Commission has made use of the possibility to apply more stringent educational nature of the detention, or Administrative Commission is not educative nature to the more coercive measures that could be imposed for a particular infringement, it may submit a reasoned request to the Court to apply the child the empowering nature of forced feature where the application is not within the competence of the Administrative Commission. The court case dealt with in chapter IV of this law. The proceedings, the court assesses whether, applying the more stringent of the empowering nature of the child's detention, will be met in this above mentioned in the law, the nature of the targets of coercive measures. " 12. transitional provisions be supplemented with paragraph 5 by the following: "5. the municipal Administrative Commission may decide on the empowering nature of coercive measures also in cases initiated by 2016 to May 31, and sent to the Administrative Commission for the application of administrative penalty." The law takes effect June 1, 2016. The Parliament adopted the law of 28 April 2016. The President r. vējonis 2016 in Riga on May 12.