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/2013/6.2


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) the amendments are as follows: 1. Article 25: turn off in the first paragraph, the word "criminal"; replace the first paragraph, the words "and punish" with the words "or punish"; to complement the second paragraph after the word "trial" by the words "or punishment"; Add to the second part of paragraph 3 with the following: "3) hearing criminal cases or repeated action in a criminal case in which the Prosecutor's statement on cancelled penalties in the cases stipulated by law and order."; Add to article 2.1 part as follows: "(21) costs or punishment not administrative penalties adopted in infringement cases and initiation of criminal proceedings, in the following circumstances: 1 newly discovered) which has the force of res judicata ruling recognized the victim or a witness deliberately false testimony knowingly false expert opinion, translation, court action or decision of a fraud, as well as other evidence of fraud, which were based on unlawful ruling; 2) which has the force of res judicata ruling recognized officials of criminal malice who had illegal based on the adoption of the decision; 3) other circumstances, which, assuming the ruling, there have been no known collectors and ruling themselves or together with the previously established conditions indicate that the person committed a more serious offence than the one for which it penalized administratively. "; to make a fifth by the following: "(5) If the person, fine, finds that it has the same offence have already been applied and fulfilled, then served in the new dwelling, the criminal penalties under the criminal law, but the administrative penalty should be taken into account in determining the new sentence."; replace the sixth paragraph, the words "and" by "or". 2. Add to article 152 of the fourth paragraph, after the word "independent" with the words "human beings". 3. Supplement article 153, the first paragraph after the word "independent" with the words "human beings". 4. To complement the first 240. part with point 7 by the following: ' 7) which belongs to blame for cruelty to animals identified in accordance with the procedure laid down in this Act, — confiscated. " 5. in article 264: replace the first paragraph, the words "of a" with the words "custodial"; replace the second paragraph, the words "under detention" with "imprisonment". 6. Replace article 265, third paragraph, the words "under detention" with "imprisonment". 7. Replace article 270 of the first paragraph, the words "under detention" with "imprisonment". 8. Turn off the fourth subparagraph of article 272, the words "Court of first instance". 9. Article 273 of the expression by the following: ' article 273. The basics of application of pre-trial detention for minors, pregnant women and women who have recently given birth (1) minors, pregnant women and postnatal period up to one year, but if the woman is breastfeeding, feeding during the fall, the whole of this law, the provisions of article 272, with the exceptions laid down in this article. (2) the first paragraph of this article, if the person is suspected or accused of committing a criminal offence, the custody does not apply. (3) the first paragraph of this article, if the person is suspected or accused of crime, carried out negligently, detention does not apply except when this person while intoxicated, has carried out activities that have occurred the death of another person. (4) If the first paragraph of this article, the person is suspected or accused of the less serious intentional crime, detention may be applied only if one of the following circumstances: 1) person violated other safety or educative nature coercive measures — into the social adjustment of the educational establishment — rules; 2 the person committed a crime), when the suspect or accused of serious or particularly serious crime. " 10. Express 277. the fourth part of article as follows: "(4) a Person suspected or accused of committing a criminal offence, the period of detention may not exceed 30 days, from which the pre-trial process allowed to hold people in custody for a period not exceeding 20 days." 11. Express article 278. by the following: ' article 278. The term of detention for minors (1) a minor, for which a suitable detention pursuant to this law, the fourth paragraph of article 273 of the rules of detention, the duration may not exceed 30 days, from which the pre-trial process allowed to hold minors in custody for a period not exceeding 20 days. (2) a minor, for which a suitable detention pursuant to this law, article 273 of the provisions of the third paragraph, the period of detention may not exceed three months, of which the pre-trial process allowed to hold minors in custody for a period not exceeding two months. (3) the minors that suspected or accused of committing a serious crime, the term of detention must not exceed six months, of which the pre-trial process allowed to hold minors in custody for not more than three months. The investigating judge in the pre-trial process and higher trial court judge during each period can be extended for another month if the driver has not made a process unwarranted delay or the person implementing the defence, have deliberately been very reluctant in progress, or complete a faster process, it was not possible for the special complexity. (4) the minors that suspected or accused of particularly serious crime in custody shall not exceed 12 months, of which the pre-trial process allowed to hold minors in custody for a period not exceeding eight months. The investigating judge in the pre-trial process and higher trial court judge during each term may be extended for a further three months, if the driver has not made a process unwarranted delay or the person implementing the defence, have deliberately been very reluctant in progress, or complete a faster process, it was not possible for the special complexity. " 12. Replace article 279 in the second part of the number and the word "the" in article 277, with numbers and the words "in article 277 and 278.". 13. in article 379: Add to the first paragraph of paragraph 2, after the word "agent" with the words "criminal law" in certain cases; to supplement the first part of paragraph 5 with the following: "5) person committed a criminal offence at the time when it was subject to trafficking and was forced to do it." 14. Supplement article 381, second subparagraph, after the words "the national probation service" with the words "but if an offence committed by a minor, the national probation service is informed in all cases except when the settlement already closed". 15. Replace the second paragraph of article 5, the word "the" with the words "criminal proceedings criminal proceedings on a number of less serious crimes as well as criminal proceedings". 16. Make 391. the third part as follows: "(3) the criminal proceedings the public prosecutor can also be divided into: 1) the large scale; 2) if it is for several criminal offences; 3) if it constitutes an obstacle for the preliminary criminal proceedings within a reasonable time. " 17. off article 418 of the fourth subparagraph, the first sentence. 18. Replace article 419 in the second paragraph, the words "overall order" by the words "subject to this Act, the conditions for pre-trial criminal proceedings". 19. Replace article 144, first paragraph, the words "of a" with the words "custodial". 20. off 499. the introductory part of the first paragraph, the word "(episode)". 21. Replace 532. the first paragraph of article 6, paragraph 4, the words "under detention" with "imprisonment". 565. Article 22: make the first part of paragraph 3 as follows: "3) exclude from its own separate indictment part of determining the penalty or easier without changing the set fines;" the third part of the present paragraph 3 by the following: "3) admit the accused guilty of committing a certain criminal offence which the Court of first instance excluded from prosecution by laying down a more severe penalty or altering;". 23. off the seventh subparagraph of article 634, the words "or seizure". 24. Turn off 637 words in article "or" attachment ". 25. Turn off 638. in the first paragraph, the words "or seizure". 26. Turn off 643. in the first paragraph, the words "or seizure". 27.645. Article: turn in the second paragraph, the words "or seizure"; off in the third paragraph, the words "or seizure" and the words "or seizure". 28. Replace article naming and 646 in the text the word "arrest" by the words "temporary deprivation of liberty". 29. To exclude the 648. Article, the words "or seizure". 30.655. Article: Add to the first paragraph, after the word "decision" by the words "or the Prosecutor's statement as punishment"; Supplement 1 and the second subparagraph of paragraph 2, after the word "judgment" with the words "or the Prosecutor's statement as punishment"; replace the second paragraph 1 and in paragraph 2, the words "illegal court ruling" with the words "unlawful ruling"; to make the second part of paragraph 3 as follows: "3) other circumstances, which, assuming the ruling, were not known to the Court or the Prosecutor and who themselves, or together with the previously established conditions indicate that the person is innocent or done easier or more serious crime than that for which it convicted or the appropriate Prosecutor's statement on the fine, or showing an eligible person, or in respect of which criminal proceedings had been terminated; " replace the second subparagraph, point 4 and 5, the words "court order" with the word "judgment". 31. in article 656: to complement the second subparagraph following the words ' conviction judgment "by the words" or the Prosecutor's statement as punishment "and after the word" convicted "-with the words" or the appropriate Prosecutor's statement on "; adding to the third paragraph after the word "judgment" with the words "or the Prosecutor's statement as punishment"; replace the fifth subparagraph of paragraph 1, the word "judgment" with the word "judgment". 32. Replace 658. in the second subparagraph of article names and number "to the Court in accordance with this law, the provisions of article 646" with the words "to the Court, but if the person was applied to the Prosecutor's statement about the penalty," the Prosecutor General's Office,. 33. To supplement the law with 658.1 article as follows: "658.1 article. The order in which the Prosecutor General's Office in the case due to newly discovered circumstances (1) the Prosecutor's opinion, and the submission of the Criminal Prosecutor look Department Prosecutor or Attorney General and one of the following decisions: 1) cancels the Prosecutor's statement about the fine and restores full or part of the criminal proceedings; 2) rejected the Prosecutor's opinion; 3) repeals the Prosecutor's statement on termination of criminal proceedings and penalties. (2) the Chief of the Criminal Department of the General Prosecutor's Office or the Attorney General's decision is not appealable. (3) After the renewal of criminal procedure it is continued, subject to the conditions of this law on pre-trial criminal proceedings. " 34. off 682. Article 2 of the first paragraph, the words "or seizure". 35. off 683. in the first paragraph, the words "or seizure". 36. off 685. in the first paragraph, the words "or seizure". 37. off 692. in the first paragraph, the words "or seizure". 38. Replace 876. in the first paragraph, the number "827." with the number "877". 39. transitional provisions be supplemented with 40, 41, 42 and 43, as follows: "40. If, due to amendments to the criminal code, which shall enter into force on 1 April 2013, crime classification changes from heavier to lighter, the investigation authorities, Prosecutor's Office and court records in existing until 31 March 2013 to launch criminal proceedings in such crime procedural time limits defined as appropriate for the classification of the crime, it was up to 31 March 2013. 41. the execution of the authority or the Prosecutor's request for the person's release from parole or for the amendment of the judgment, filed in court in connection with the amendment to the criminal law, which shall enter into force on 1 April 2013, the judge examined the written procedure within three months. The look of the application judge, whose judgment the last ruling of the first instance or area authorities of the public prosecutor's Office Prosecutor Prosecutor's regulations drawn up by the sanctions. A copy of the decision taken by the court enforcement of authority, the Prosecutor and the convicted. The Prosecutor and the Court decision convicted can appeal within 10 days from the date of receipt of the copy. Lodging a complaint does not suspend the execution of the decision. Superior Court judge review the written complaint process, and his decision is not appealable. 42. the judge of the Court, which is controlled by the ruling on the fine performance of the application, written in the month of the process to decide the question of a person's release from parole or for the amendment of the judgment in connection with the amendment to the criminal law, which shall enter into force on 1 April 2013. A copy of the decision taken by the Court of the Prosecutor and the convicted. The Prosecutor and the Court decision convicted can appeal within 10 days from the date of receipt of the copy. Lodging a complaint does not suspend the execution of the decision. Superior Court judge review the written complaint process, and his decision is not appealable. 43. If due to amendments to the criminal code, which shall enter into force on 1 April 2013, it is necessary to amend the indictment, the Prosecutor in the pre-trial process to amend this law, 408. in accordance with the procedure laid down in article, but in the course of proceedings-462 in the first subparagraph of article. " 40. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directive included provisions in the law arising from 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." The law shall enter into force on 1 April 2013. The Parliament adopted the law of 20 December, 2012. The President a. Smith in 2013 on January 9.