An Amendment To The Criminal Law

Original Language Title: Grozījumi Kriminālprocesa likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/112.4


The Saeima has adopted and the President promulgated the following laws: the law of criminal procedure amendment of criminal procedure law in the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 11, 20; 2006, nr. 4; 3, 13, 2007, no. 1, 15; 2008. no; 2009, 9, 14, 15 no; Latvian journal 2010, 19, 178. no; 117. in 2011, no; 2012, 92, no. 189; 2013, 7, 21, 61 no) the following amendments: 1. in article 11: adding to article 2.1, 2.2 and 2.3 of part as follows: "(21) a Person having the right to defence, if it does not understand the language of the country, have the right to use the language that that person knows, and during the meeting with counsel be used free of charge by an interpreter, which supports the process of the driver, in the following cases: 1) in order to prepare for the pre-trial interrogation process or hearing hearing; 2) to make a written complaint about the criminal actions of the officials or ruling and the application of procedural coercive measures, amendment or cancellation; 3) to draw up a document that you need for a written hearing process; 4) to compose the appeal or cassation complaint. (22) a Person having the right to defence, and which is applied with a custodial security feature this article referred to in part 2.1 of national implementation of the interpreter provides the relevant prison. (23) the procedures and the extent to which this article 2.1 and 2.2 in the cases referred to in part by an interpreter is provided, shall be determined by the Cabinet of Ministers. " Supplement fifth with the sentence the following wording: "the driver of the process supports different language received the appeal and cassation complaint about judicial rulings translation national language. '; to supplement the article with the sixth part as follows: "(6) the provisions of this article on a person's right to use the language that that person knows, and not use the interpreter shall also apply to persons who have a hearing, speech or Visual impairment. The following persons, in the cases provided for in the law, the procedural documents, ensure the availability of these documents in plain language to them or in a way that the person is capable of receiving. " 2. To supplement the law with article 60.2 of the following: ' article 60.2. The person who has the right to defence, fundamental rights in criminal proceedings (1) the Person to whom the rights of the defence, has the following rights: 1) immediately invite champion and conclude an agreement with him or to use public legal aid, if this person even on their features can not to conclude an agreement with champion; 2) meet with the advocates of privacy call safe conditions without special permits and the promoters of the process without time limits; 3) for legal assistance from a counsel; 4 in the cases provided for in the Act) require the participation of the lawyer in a separate procedural activities for the defence, if not yet an agreement on defense with a particular lawyer or that the defender could not appear; 5) get from the process of the court proceedings in the area practicing lawyers list, as well as free use of the telephone to invite counsel; 6) be informed of the assumption expressed or suspicion arose against this person, or any accusation it raised; 7) law and amount to receive oral or written translation of it in plain language; 8) give evidence or refuse to testify. (2) the provision is judged as not obstructing the settle the case and avoid pre-trial and trial proceedings. (3) in addition to the rights laid down in the first subparagraph, detained, as well as the suspect or the accused, which fit with the custodial security feature, you have the following rights: 1) become familiar with those documents that justify the suggestion to apply to custodial safety feature, as long as such access does not undermine the fundamental rights of others, public interest, and do not interfere with the achievement of the objective of criminal procedure; 2) require that detention or arrest shall notify his family, teaching authority, employer. The alien has the right to request to be informed about the detention of his country's diplomatic or consular representation; 3) receive information about the right to emergency medical assistance; 4) receive information about the maximum number of hours or months for which the person may be limited freedom in pre-trial process. (4) the Person as soon as it acquired the rights of the defence, shall be issued in writing without delay and, if necessary, explain the information on the first and third part rights. That the information is provided and, where necessary, explained to the person the right to certify with my signature. " 3. Express article 61 of the fourth subparagraph by the following: "(4) the Person against whom criminal proceedings have been initiated this law, the fundamental rights laid down in article 60.2, 66 as well as the first paragraph of article 2, 3, 9, 10, 12, 13, 14 and 16 rights and 67 in the first paragraph of article 1, 2, 5, and 6. the obligations laid down in paragraph 1. This person may apply the security features. " 4. Article 63: make the first paragraph by the following: "(1) Bated 60.2 of this law are laid down in article 9, as well as the fundamental rights: 1) familiar with the detention Protocol and receive an extract of this law on detainee rights and obligations; 2) orally or in writing to express their attitude with respect to the validity of the detention; 3) to sign up for the rejection; 4) to submit complaints about the actions of officials; 5) lodge requests for their immediate investigative actions, which may be evidence of validity for approval not suspected. "; turn off third. 5. Article 66: make the first paragraph by the following: "(1) from the time the person notified that it recognized as suspects, that person is laid down in article 60.2 of this law, as well as the fundamental rights: 1) to receive a copy of the decision to which that person is recognized as a suspect, and the statement of this law on the suspect's rights and obligations; 2) familiarize themselves with the criminal registry; 3) to sign up for the rejection; 4) to submit applications for investigative activities, and participation in them; 5) to participate in investigation activities, which are performed by that person or its defenders, unless such participation does not interfere with the operation or investigation do not touch another person's rights; 6) to receive a reasoned decision, if the suspect refused participation in the activities of the investigations that are being carried out by his defenders application or; 7) look at the decision on the determination of expertise before it is released, if the inspection relates to this person and ask to be asked additional questions, for which expert opinion must be given, except in the specific expertise of other investigative activities; 8) consult the opinion of the expertise of its receipt, if the inspection carried out by the person's application; 9) law for complaints about the conduct of the criminal proceedings authorized officials; 10) in the cases specified by law, within the time limits and in order to appeal the procedural decisions; 11) orally or in writing to express their attitude towards their suspicions; 12) require that measures for the settlement of the criminal law would be made with its consent; 13) make it up with the victim; 14) apply for the termination of criminal proceedings; 15) at judge to participate in the investigation process and the proposal of its promoters and defenders of the complaint and the request, unless the law requires different handling policy; 16) express a desire to cooperate with officials conducting criminal proceedings. '; turn off third. 6. turn off the third subparagraph of article 70. 7. Article 71 of the expression as follows: "article 71. The accused's right to the Court of first instance the Court of first instance, the accused are laid down in article 60.2 of this law, as well as the fundamental rights: 1) early to know things the place and time of the hearing; 2 to participate in the same criminal) proceedings; 3) to sign up for the rejection; 4) ask to replace the stand, if there are legal obstacles to his participation; 5) to agree to the establishment of evidence at the hearing; 6) to express their views on the issues discussed in each, if it refers to the person or to his representative data; 7) to participate in each of the direct evidence and the examination orally if the evidence relates to the person or to his representative of data; 8) to sign up for the Court to motivate the request to express their views and to participate in the examination of evidence, even if the subject matter or evidence not directly relevant to his person or representative of the data; 9) log requests; 10) speak in court do not participate in the debate if the Defender; 11) to say the last word; 12) receive a copy of the court order and to get acquainted with the minutes of the proceedings of the Court, as well as to submit written comments about it that adds to the criminal proceedings; 13) to appeal court ruling in accordance with the procedure prescribed by law. " 8. Make the second paragraph of article 73 of the introductory paragraph as follows: "(2) the Court of cassation instance court until the start of the trial the accused is laid down in article 60.2 of this law, as well as the fundamental rights:". 9. Article 83: turn off the first part of paragraph 1, the words "or legally incompetent person"; replace the first part of paragraph 4, the words "physical or mental deficiencies" with the words "mental or other health problems." 10. Article 104: replace the first paragraph, the words "and the legal capacity of a natural person" with the words "natural person that does not have guardianship"; replace the third paragraph, the words "recognized as incapacitated" by the words "which has guardianship of mental or other health impairment"; replace the eighth and ninth paragraph, the words "victims" incapacitate "the victim, who has guardianship of mental or other health impairment". 11. Express 121 first paragraph of article 3 by the following: "3) interpreter, by providing for the rights of defence, the driver of the process or invited the person who has the right to defence, or, if they are notified in writing of the driver, giving the necessary information about the interpreter: name, surname, personal code, place of practice or declared residence." 12. Express 246. the second subparagraph by the following: "(2) prior to a decision on the application of the security measures associated with deprivation of liberty, process Guide issued by the person to whom the rights of the defence, that a copy of the proposal, which contains the specific security features of selection of specific documents based on considerations." 13. Adding to the seventh paragraph of article 274 with text by the following: "the suspect or the accused who does not understand the language in which the written decision, the Court without putting off the decision provides a complete translation of his writing in plain language. Applying of a safety feature, the person, the Court shall immediately provide information about the maximum number of months for which a person may be restricted freedom in pre-trial process. " 14. Express article 277 the eleventh subparagraph by the following: "(11) If a procedural decision affect the custody time limit for keeping the process shall inform the promoters of the institution in which the person is held in detention, and the person who applied with a custodial security measure." 15. Supplement article 286 to fifth the following: "(5) in the case of a coercive tool suitable for the person who does not understand the national language, the term for appeal against the ruling shall begin to run from the date on which that person issued a written translation of the decision it understandable language." 16. the express article following 321.1:321.1 "article. The availability of the Court's judgment day (1) a court judgment or decision by which the proceedings are completed, the availability date is the date on which the judgment or decision or judgment or decision of the Registrar is receivable. (2) the Court shall ensure the victim the opportunity to consult the ruling through an interpreter. (3) the Court shall provide the defendant a written translation of the judgment to him in plain language without putting off. Written translation, if not supported: 1) a conviction given that the Court of first instance considered, without making the evidence; 2) a conviction given the victim and the accused in the case settlement; 3) a conviction given the agreement process; 4) is given the cassation instance court decision. (4) the accused, that referred to in the third subparagraph in cases does not provide a written translation of the judgment to him in plain language, the Court allows to consult the ruling through an interpreter. People who fit with the custodial security feature, the opportunity to become familiar with the ruling, through the interpreter, provide the relevant prison. (5) an accused who is in custody, house arrest or social adjustment education, the availability of the Court's judgment day is the day when the person issued the ruling in a written translation into understandable language it or presented by the ruling in the fourth paragraph of this article. " 17. Make 376. the fourth part of the article as follows: "(4) the driver of the process within three working days following the filing of this law provides that a person is entitled to inspect the register of criminal procedure, introducing the criminal registry." 18. Make 406 eighth article as follows: "(8) the accused who does not understand the language in which the written complaint, provide a translation of the charge against him, in plain language. Written translation of the charge provides up to completion of the pre-trial criminal procedure. " 413. Article 19 in the fourth paragraph: replace the word "does not understand" with the word "to"; to turn off the word "written". 20. Express 427. fifth paragraph of article as follows: "(5) a copy of the decision together with a copy of the case file shall be issued without delay to the accused. If the accused does not understand the language in which the written decision, that person provides written translations of this decision it in plain language. A copy of the decision shall be issued also a victim. " 21. Make 432. the first paragraph by the following: "(1) the decision on the transfer of criminal proceedings the Court shortened the process order copy, together with copies of the documents issued to the accused. If the accused does not understand the language in which the written decision, that person provides written translations of this decision it in plain language. A copy of the decision shall be issued also a victim. " 22. Supplement article 561. with the third subparagraph by the following: "(3) the Court of first instance in the minutes of the sitting of the written evidence and documents checked at the hearing only if the person implementing the defence, the Prosecutor and the victim or his representative made the following requests." 23. Replace 638. in the second subparagraph the word "judgment" with the words "If sentenced to imprisonment, the judgment". 24. article 698: make the second paragraph as follows: "(2) the person is entitled to be issued: 1) know what they ask and what issues; 2) process to use it to understand language; 3) provide explanations in connection with the issue and agree or disagree with the issue; 4) sign up requests, including requests for simplified extradition; 5) look at all test materials; 6) invite lawyers in legal aid and meet with lawyer talks privacy safe conditions; 7) get the relevant court lawyers practicing in the area list, as well as free use of the telephone to invite a lawyer; 8) require that detention shall notify his family, school, or employer. "; to supplement the article with the third part as follows: "(3) the alien has the right to request to be informed about the detention of his country's diplomatic or consular representation." 25. the express article 699 of the third part as follows: "(3) shall inform the persons to be Deliberate and issue its statement of this law article on issuing 700 person rights, and it will be checked in the detention Protocol." 26. Express 715. the first paragraph by the following: "(1) a person shall Be this law, the rights laid down in article 698, and excerpt of the person to be served to them according to this law, 699. the third paragraph of article, as well as the right to be called to criminal liability only for those convicted and criminal offences for which it is issued, except for this law, in the second paragraph of article 695 as provided in. Person to be picked until the extradition request for completion of the examination of the European custody decision written translation into understandable language to it. " 27. Express an informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) of the European Parliament and of the Council of 5 April 2011-2011/36/EU directive on preventing and combating trafficking in human beings, and protecting victims, replaces the Council framework decision 2002/629/JHA; 2) of the European Parliament and of the Council of 20 October 2010 the EU directive 2010/64/on the right to interpretation and written translation in criminal proceedings; 3) of the European Parliament and of the Council of 22 may 2012 in 2012/13/EU directive on the right to information in criminal proceedings. " The law shall enter into force on 27 October 2013. The law in the Parliament adopted 23 May 2013. The President of the Parliament instead of the President's Āboltiņ 2013 in Riga on June 12.