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/2013/61.6


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; 13, 6., no. 21) the following amendments: 1. Turn off the article 7, second paragraph, the number "90". 2. Article 25: make the fourth subparagraph by the following: "(4) double punishment does not limit principle applies to statutory fines, forced or compulsory duty."; off the seventh part.
3. Supplement article 39 with 2.1 part as follows: "(21) process for the Prosecutor forced application of funds to influence legal person shall have the right to complete the process, the application of the Prosecutor's statements about the involuntary influence." 4. Article 59 of the fourth paragraph: replace the word "Prosecutor" with the words "process enablers"; Add to subparagraph after the word "interest" with the words "good or decent supervision or control".
5. Supplement article 83 third paragraph after the words "without the accused's participation" with the words "as well as if the hearing takes place in individual records in the process of forced released to influence the imposition of a legal entity and does not participate in the hearing of a representative of a legal person". 6. in article 93: off in the third paragraph, the words "witness or"; replace the fourth subparagraph, the word "criminal" with the word "process"; to supplement the article with the fifth and sixth the following: "(5) the failure of the representative process is not an obstacle to the process. (6) If a person in the process previously witness, driver of the process shall assess the person's ability to act as a representative. " 7. Express 94. article as follows: "article 94. The legal rights of the individual in the process of forced application of means of coercion (1) legal persons the right to exercise its representative. From the moment when the person with the permission of the promoters decision process to participate in the process of forced application of means of coercion as a representative of the legal person, this person has the right to: 1) to receive a copy of the decision, which started the process of application of coercive influence; 2 the full realization of the rights) of legal persons the means to invite counsel; 3) look at the criminal register not later than three days after the submission of the application; 4) to sign up for the rejection of your recorded in the register; 5) to submit applications for investigative activities, and participation in them; 6) to participate in investigation activities, which are performed by that person or, if one advocates such participation does not interfere with the operation or investigation do not touch another person's rights; 7) to receive a reasoned decision, if the legal representative of the person denied participation in investigation activities conducted by or at the request of his counsel;
8) consult the opinion of the expertise of its receipt, if the inspection carried out by the person's application; 9) in the cases specified by law, and in order to submit within the complaint about the process for carrying out authorized officials of the action; 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 the assumption;
12) to testify or refuse to give testimony; 13) request to the criminal-law measures for adjustment to be made with its consent; 14) make it up with the victim; 15) apply for the termination of the proceedings; 16) express the wish to cooperate with officials conducting process; 17) after the completion of the pre-trial process get addicted criminal court copies of materials pertaining to the legal person, on his application, if the copies are issued before, or with the consent of the Prosecutor acquainted with these materials; 18) undo the Defender's complaints; 19) agree or disagree with the completion of the process with the Prosecutor's statement on the forced influence. (2) a representative of a legal person the Court shall have the same rights as the accused. " 8. To supplement the law with article 94.1 as follows: "article 94.1. The representative of the legal person's responsibilities in the process of application of the coercive influence of the moment when the person with the permission of the promoters decision process to participate in the process of forced application of means of coercion as a representative of the legal person, this person must: 1) on time to attend the conduct of authorised officials the process in the specified location, where a call is made in accordance with the procedure prescribed by law; 2 do not be discouraged and not) impede progress; 3) follow the procedures agreed at the time of proceedings. " 9. Express 353. the first paragraph of article 6 paragraph 3 by the following: "3) entity that applied to the forced influence."
10. Add to article 361 of the second subparagraph following the words ' solution or possible criminal proceedings "with the words" in liquidation, or ". 11. Add to article 368 of the seventh part of the first sentence, after the words "statement on the fine" with the words "or statement on the forced influence". 12. in article 381: replace the first paragraph, the words "criminal offences committed by persons" with the words "the person who has the right to defence"; in the fifth subparagraph, replace the words "a person who has committed a criminal offence" with the words "a person who has the right to a defence". 13. To supplement the article with 389. fifth paragraph by the following: "(5) the period of disqualification of persons in respect of property to which the attachment process is imposed for the forced influence the imposition of a legal person, is suspended from the moment the Prosecutor transferred the district (City) Court to decide on the coercive influence of the process of the imposition of a legal person, the Court of Justice, to transfer the date of entry into force of the decision on the coercive influence of the application of the legal entity." 14. Express 439. text of article as follows: "(1) If in the course of criminal proceedings has shown that, most likely, is the basis for the application of coercive influence, process guide takes a reasoned decision that starts the process of forced features influence the application of the legal person. The decision process for driver notifies the entity concerned by sending a copy of the decision, as well as informing you about its rights and obligations. (2) the process of forced application of legal means to influence party happens in accordance with the procedure laid down in this Act initiated criminal proceedings.
(3) the driver of the process the process for forced influence the imposition of a legal person by the decision may distribute separate records if: 1) the criminal proceedings against the physical person is terminated on the basis of the reabilitējoš conditions; 2) conditions that prevent a clear up or be held criminally liable for a specific natural person or objective reasons of criminal referrals to the Court in the near future (in a reasonable time period); 3) for timely resolve criminal relationship with the individual who has the right to defence; 4) at the request of the representative of the legal person. (4) the decision on the coercive influence of the process of the imposition of a legal person in a separate release records, add dedicated criminal copies of materials and their list. (5) the decision process for the forced influence the imposition of a legal person in a separate release records, may not be appealed. "
15. To supplement the law with article 439.1 of the following: ' article 439.1. Decision on the application of coercive influence legal person of proceedings (1) the decision on the imposition of coercive influence proceedings process Guide: 1) in the Commission of a criminal offence, the circumstances; 2) the legal qualifications; 3) justification for the assumption that the offence under investigation, most likely done in the interest of the legal person, good or decent supervision or control; 4 a legal person) the name, registration number and registered office.
(2) the decision on the coercive influence of the legal person of application proceedings may not be appealed. (3) If during the investigation have changed the first paragraph of this article 1, 2, and 3. the circumstances referred to in paragraph 1, the driver for the decision process. Such a decision shall be notified to the entity. Decision on the application of coercive influence the process of change of circumstances may not be appealed. "

16. Add to paragraph 2 of article 440, after the words "natural person" with the words "if available". 17. To supplement the law with the 440.1 article as follows: "article 440.1. Completion of the investigation, if undertaken in the process of forced application of means of coercion (1) proposing the initiation of prosecutions or influence the continuation of the application process (if the process against the legal person isolated individual records) and the transfer of criminal proceedings the public prosecutor investigating the materials, in the decision, in addition to the General requirements of this law, the indication referred to in article 440 of the circumstances and reasons for the forced influence the application of the legal person, as well as legal persons name, registration number and registered office. (2) the coroner's decision on the continuation of the process of the application of the means to influence the legal entity may not be appealed. "
18. in article 441: to supplement the article with the second, third, fourth, fifth and sixth the following: "(2) If proceedings against legal persons distributed in a separate filing, the Prosecutor in the 10 days following the coroner's decision on the continuation of the process of the application of legal means of influencing person and process materials and evaluation shall take one of the following: 1) repealed the decision of the investigators on the continuation of the process of the application of legal means of influencing person and check in process materials back to the investigating authority a certain procedural action; 2) repealing decisions on criminal investigators to distribute individual records and continuation of the process of forced application of legal means of influencing person and check in process materials back to the investigating authority for the continuation of the investigation, if the Prosecutor does not agree with the process because it finds conditions that do not allow it, or believe that there is no basis for the continuation of the process of forced application of means of coercion; 3) decide on the process of forced influence the imposition of a legal person to a court that the transfer may not be appealed; 4) draws up the Prosecutor's statements about the involuntary influence. (3) the Prosecutor, the separate records on the forced influence the imposition of a legal person, you can finish it, assuming that this article is the second part of the decision referred to in paragraph 2 or the decision on the coercive influence of the process for the application of the termination of the legal person or the Prosecutor's statement shall be drawn up for the forced influence. (4) the decision on the process of application of the coercive influence of the Court accompanied the transfer of evidence and documents list and the list of persons, which called for the hearing. The person called to the court addresses only the list forwarded to the Court. (5) after the decision process for the forced influence the imposition of a legal person the Court acceptance of the transfer, the public prosecutor shall send a copy of the decision of the legal person and the victim, explaining the right to 10 days from the date of receipt of the decision process to receive copies of materials or with the consent of the Prosecutor acquainted with these materials. (6) of this article, the Prosecutor at the fourth and fifth parts of the operations set out in the decision, together with process materials sent to the Court. Decision and process materials are sent to the Court also in the case when the legal person or the victim have not expressed a wish to receive copies of the material or the process, get to know them. "; believe the current text of article about the first part.
19. the supplement to chapter 39 and 441.1 follows 441.2 article: "441.1 article. The process of forced influence the imposition of a legal person by nature the Prosecutor's statement (1) If a criminal offence has been committed or the less serious crime and the legal representative of the person admits the facts of the crime, the victim is compensated for the damage caused and the representative agrees to complete the process, applying the legal person forced prosecutors to influence feature can complete the process of drawing up the statement for the forced influence. (2) the public prosecutor the statement on the forced influence include the decision on the feature, the termination of the criminal proceedings, General requirements, indicates this law referred to in article 440 of the conditions and basis for the forced influence the application of the legal person, in the operative part indicates the forced influence type. (3) the Prosecutor statement on coercive influence feature can determine the rights or cash collection in accordance with criminal law. (4) legal person against whom the process of with complete the Prosecutor's statements about the involuntary caucus issued this statement, a copy of it shall be informed of the right to be acquainted with criminal matters or dedicated process materials and it explains the process. The representative of the legal person to certify that the agreement with the qualifications of the crime. The representative of the legal person consent can be expressed immediately or within five working days from the date of receipt of the copy. Consent may not be withdrawn. (5) the prosecutor sends a victim statement on coercive influence feature copy and notifies you about his right to become acquainted with the criminal proceedings or in proceedings distributed material, as well as the appeal against the decision within 10 days after the date of receipt of the notification. 441.2 article. Decision on the coercive influence of the process for the application of the legal entity transfers the Court decision forced the process to influence the application of legal instruments for the transfer of persons to the Court the Prosecutor, in addition to the General requirements of this law, the indication referred to in article 440 of the circumstances and reasons for the application of coercive influence, as well as legal persons name, registration number and registered office. "
20. off 547. article. 21. To supplement the law with article 547.1 as follows: "article 547.1. In a separate filing in proceedings distributed process influence the imposition of coercive legal person (1) if the process of forced application of means of coercion revealed in a separate proceeding, the proceeding is subject to arbitration proceedings before the Court of first instance in so far as this Act, Chapter 51 provides otherwise. (2) if the person is a legal representative or the representative's appearance is not likely to ensure that trials can be held without legal person representative. The Criminal Court can adjudicate, if participating in the hearing protector. "
22. Make 548. article as follows: "548. article. The Court ruling (1) examining the influence of the process forced the imposition of a legal person, the Court must decide whether the material: 1) or a criminal offence has occurred; 2) or have cleared this law referred to in article 415; 3) or a criminal offence committed in the interest of the legal person, good or decent supervision or control; 4) someone forced to influence feature. (2) that is proven in the first paragraph of this article, the Court facts in criminal proceedings for the forced influence the imposition of a legal person. (3) if the process for forced influence the imposition of a legal person isolated individual records and the Court is satisfied that it has not been established in the first paragraph of this article, the process for the facts. "
23. Supplement article 60 chapter with the following version of 639.1: "639.1 article. The order in which to execute the Court ruling or the Prosecutor's statement on the legal person applying coercive influence means (1) the Court or the public prosecutor's Office within seven days after the entry into force of the ruling or the Prosecutor's statements about the involuntary influence the imposition of a legal person, transmit a copy thereof to the authority in accordance with the law ordering its run, after the registration of the legal person or by the location of the property. (2) the Court or the Prosecutor pecuniary payment can be delayed or split time for up to one year if the person forced to influence feature for 30 days without pay and it has made a reasoned request for the postponement of payment of the pecuniary or splitting. (3) if the money drive within 30 days after the Court ruling or the Prosecutor's statement as a means to influence forced entry into force has not been paid or if the pecuniary contribution was not made within the time limit laid down, splitting or delaying payment of a pecuniary award or Court Prosecutor statements about the forced influence feature sends the forced execution. (4) the full implementation of the ruling, the control of the Court of first instance. Statement on coercive influence performance feature controls the public prosecutor's Office. The institutions that implement the ruling or statement on the forced influence, immediately notify the controlling authority in its execution. "
24. transitional provisions be supplemented with 44 as follows: "this Law 44.439. third paragraph of article 3 shall enter into force on January 1, 2014." 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.