The Amendments To The Criminal Law Of The

Original Language Title: Grozījumi Krimināllikumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/61.5

The Saeima has adopted and the President promulgated the following laws: criminal law amendments to make the criminal law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 1998, no. 15; 2000, no. 12, 13, 15; 2001; 2002, nr. 11, 16, 22, 23 no; 2003, 10, 15; 2004, nr. 2, 3, 4, 6, 11, 12, 13; 2005, nr. 2, 11, 12, 13, 20, 21; 2006, no 1., 7., no. 22; 2007 3, no. 15; 2008, 3, nr. 24; 2009, 13, 15, 21. no; Latvian journal, 2009, 193. no; 2010, 178, 199. no; 2011, 99, 117, 148, 199. no; 2012, 202. No.) the following amendments: 1. Express article 12 the following: ' article 12. An individual's responsibility in the case of a legal person For a criminal offence by the private interests of a legal person, the person's right or proper supervision or control made a natural person, that natural person called a criminally, but legal person may apply under this law forced the influence. " 2. Turn 62, the first paragraph of article 1, the words "confiscation of property".
3. Express 70.1 and 70.2 article as follows: "article 70.1. The basis of application of coercive influence of the legal person on the top part of this law for a criminal offence of the private-law legal person, including a State or municipal corporation, as well as a partnership, the Court or the Prosecutor in the cases provided for in the law can apply coercive influence, where the acts in the interest of the legal person, the person's right or proper supervision or control made a natural person, acting either individually or as a legal person concerned collegiate bodies in the Member : 1) on the basis of the right of representation of the legal person or to act on its behalf; 2) based on the right to take decisions on behalf of the legal person; 3) īstenodam control within the legal person.
Article 70.2. Legal person the applicable funds to influence the type of coercive (1) a legal person may identify such coercive influence features: 1) liquidation; 2) disqualifications; confiscation of property 3); 4) drive. (2) a legal person may apply one or more of the first paragraph of this article under the forced influence. Application of liquidation, other compulsory means of influence are not defined. (3) coercive means of influencing the order shall be determined in accordance with the law. (4) Of this law, in particular the criminal offences provided for in part and less serious crime of legal person as a means to influence forced the Prosecutor to draw up a statement for the forced influence feature, you can determine the recovery of money or rights. "
4. in article 70.3: turn off in the first paragraph, the words "its branches, agencies or departments '; to turn off the second paragraph, the words "its branch office, agency or Department"; make the third paragraph as follows: "(3) the removal of the legal person, State-owned free to dispose of the whole of its estate in the property."
5. Express article 70.4 as follows: "article 43.7. Disqualifications (1) disqualifications are set right or permission of the ban or the legal person that does not allow certain rights to receive State aid or assistance, to participate in national or local procurement procedure, to perform certain activities for a period from one year to ten years. (2) the public prosecutor the statement on the forced influence feature may apply no more than half of the first part of this article, the maximum period of disqualification. "
6. in article 70.5: turn off in the first paragraph, the words "which can be applied as a coercive influence Basic or additional feature"; turn off the third; turn off the fourth paragraph, the words "legal or physical".
7. Express article following 70.6: "70.6 article. Money collection (1) recovery of money is the amount of money that the Court or the Prosecutor shall pay to the Government within 30 days. Recovery of money according to the seriousness of the offence and the legal person's property position to be ten to a hundred thousand in the Republic of Latvia the minimum monthly salary in the amount of the judgment at the time of the judgment, stating in the order these pecuniary amount in currency of the Republic of Latvia. The Prosecutor in the statement on the forced influence feature may apply no more than half of the maximum laid down in this article is about the recovery of money, considering the Republic of Latvia the minimum monthly salary at about the moment the statement is drawn up, and giving it the money drive the amount of money in the Republic of Latvia. (2) money, imposed a legal entity payable from this person. (3) a pecuniary payment appropriate court or Prosecutor may be split into periods or to defer for a period of not more than one year from the date of the decision or statement on the forced influence feature become final. (4) if the money was not paid, forced the drive to influence the feature runs. "
8. Turn off 70.7 article.
9. Express 70.8 article as follows: "article 70.8. The conditions forced the funds to influence the application of the legal person (1) in determining the type of coercive influence, take into account the nature of the offence and the injury. (2) in determining the degree of influence of coercive, comply with the following conditions: 1) a legal person the actual Act; 2) legal persons the nature and consequences of the transaction; 3) measures that the legal person has taken to avoid committing a criminal offence; 4) legal persons size, occupation, and financial position;
5) measures that the legal person has taken to compensate the damage or prevent injury; 6) or legal person is izlīgus with the victim. " 10. Turn off the second subparagraph of article 154.1 predispositions, the words "or if committed repeatedly".
11. Express transitional provisions the following paragraph 11: "the amendments to this law, 11 article 98, the third subparagraph of article 99, fourth paragraph 116, 117, 118, 125. in article 148, the third paragraph of article 152, article 153 in the third subparagraph, in the third paragraph of article, the third paragraph of article 154, the third paragraph of article 154.1, the third paragraph of article 165.1, article 174, 175, 176, fourth paragraph, in article 177 in the third subparagraph of article , 177.1 article, third paragraph article 183, 184 in the second paragraph of article 187, in the second paragraph of article 190.1 article, third paragraph article 192, second paragraph article 192, fourth paragraph of article 193.1 in the third paragraph, the third subparagraph of article 195, the third paragraph of article 206, 218 in the third subparagraph of article, 220.1 article, third paragraph article 221, in the third paragraph, in the third paragraph of article 221.1, 224, 225, article 231, second paragraph article Article 233, in the third paragraph, the third subparagraph of article 243, 253, 253.1 article, in the second paragraph of article 269, third subparagraph of article 285, 311, 314 article in the third subparagraph of article 320 article, in the fourth paragraph, the third subparagraph of article 323 of the additional penalty: the police control: the substitution of the additional penalty of probation supervision — — entry into force 1 January 2015. The law shall enter into force on 1 April 2013. The Parliament adopted the law of 14 March 2013. The President a. Smith in 2013 on March 27.