Amendments To The Law On State Compensation To Victims "

Original Language Title: Grozījumi likumā "Par valsts kompensāciju cietušajiem"

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Read the untranslated law here: https://www.vestnesis.lv/op/2012/189.2


The Saeima has adopted and the President issued the following law: amendments to the law on State compensation to victims "to do" in the law on State compensation to victims "(Latvian Saeima and the Cabinet of Ministers rapporteur, 2006, no. 13; 2007, nr. 24; 2008, 24 no; 2009, No 14; Latvian journal, 2009, 194. No.) the following amendments: 1. Turn off the article 1, the words "If an offence causing the death of the person or the victim suffered serious, moderate physical injury, the injured person or the victim of dzimumneaizskaramīb infected with the human immunodeficiency virus, hepatitis B or C (referred to as criminal offences)". 2. in article 2: Add to the second paragraph, the words "and of the civil law"; Add to article 2.1 part as follows: "(21) of this Act, the provisions on the criminal offender apply to the person against whom the criminal proceedings initiated, detainees, suspects, the accused, the person against whom the proceedings are medical coercive means of detection, and convicted." 3. Supplement article 3, with the third and fourth subparagraph by the following: "(3) If an offence causing the death of the person or the victim is dead and has requested State aid or State compensation is requested and is not received, the State has the right to receive compensation by a person recognised as a victim in the relevant criminal proceedings. (4) the right to State compensation is where the intentional criminal offence: 1) occurred the death of the person; 2) victim suffered serious or moderate physical injury; 3 injured in virtue of the victim) or dzimumneaizskaramīb; 4) the victim is a victim of human trafficking; 5) victim infected with the human immunodeficiency virus, hepatitis B or C. " 4. Express 3.1 (2) of the following article: "2) criminal offender, who was found guilty on the basis of the judgment of conviction or the Prosecutor's statement about the penalty, or against whom criminal proceedings are terminated, the person does not reabilitējoš the circumstances." 5. Replace article 4, point 4 of the first paragraph, the words "in which the accused found guilty of the crime" with the words "criminal offender". 6. in article 7: replace the first part of the number "10" with the word "five"; make the second paragraph as follows: "(2) the compensation is paid: 1) 100 percent, if the death occurred; 2) 70%, if the victim suffered serious personal injury or criminal offence qualified as rape or violent sexual assault went against or offended morals of the minor victim or dzimumneaizskaramīb, or the victim is a victim of human trafficking; 3) 50 percent, if the victim suffered moderate physical injury or sexual morality of the victim or dzimumneaizskaramīb, except the part referred to in paragraph 2, or the victim is infected with the human immunodeficiency virus, hepatitis B or C. "; turn off the fourth and fifth. 7. To supplement the law with article 7.1 as follows: "article 7.1. The amount of State compensation payable Discovery (1) if the victim has received compensation of damages from the offender or his site from the other person, the amount of State compensation payable is reduced by the amount of compensation already received. (2) if the offence occurred simultaneously in this law article 7 of the second paragraph of 1, 2 or 3 above, the cost of one State compensation under the criminal offence with serious consequences. If as a result of a crime victim while joined this law, article 7 of the second paragraph of point 2 or 3 more in the same severity of consequences, one of the State compensation law of article 7 to the extent laid down under the relevant criminal consequences. (3) If an offence causing the death of several persons, victim compensation paid by the State according to the number of persons whose death, whereby a person recognised as a victim, have occurred as a result of a crime. (4) If criminal offence causing death and criminal proceedings for victims recognized by many people, these individuals paid State compensation, dividing it proportionately to the number of victims. (5) If, after the payment of State compensation in connection with the offence intervening death process guide in the same criminal case on the victim recognises the other person, State compensation it paid to the same extent as it was paid to the victim or victims. (6) if the national compensation for criminal offence intervening death paid for multiple victims and, in the cases laid down in this law, the legal aid administrative authority has taken a decision on the State paid compensation from the victim, the State recovered part of the compensation paid to the victim or others in proportion to the other victims in the same criminal case. This part of the conditions referred to in the first sentence shall not apply if the legal aid administrative authority has taken a decision on the State paid compensation of the victim where the victim has received compensation of damages from the offender or his site from other persons. (7) If a person recognised as a victim in criminal proceedings and the same recognition as victims in the criminal proceedings in connection with the offence others intervening death, a victim of State compensation and the cost of the consequences, which he joined as a result of a crime and the compensation due to the criminal offence are another person's death. (8) if the State paid compensation and the final ruling found that as a result of a crime victim has joined the heavier consequences, cost him the difference between paid and payable to the State for compensation. (9) if the victim is dead and has requested State aid or State compensation is requested and is not received, the person recognised as a victim in criminal proceedings, concerned the cost of State compensation to the extent that it would be paid to the victim who is dead. " 8. Article 8, second paragraph: replace paragraphs 3 and 4, the words "home address" with the words "criminal in the place of residence of the person indicated in the address"; make paragraph 5 by the following: "5) as a result of a crime of the nature of the injury (causing a person's death, the severity of the injury, morals or dzimumneaizskaramīb injury, indicative of trafficking the presence or the signs found in the human immunodeficiency virus, hepatitis B or C)"; Replace paragraph 7, the words "a suspect or defendant" by the words "criminal offender"; supplemented with paragraph 8 by the following: ' 8) the number of persons recognised as victims in the same criminal case due to intervening death and information about these people (name, surname, personal code, the criminal procedure is specified in the person's home address, contact information, as well as the date when the person recognised as a victim). " 9. Supplement article 9 with the words "or became aware of the facts which entitle that person to do it." 10. Express article 10 sixth the following wording: "(6) the repeated request for State compensation for the same criminal offence is permissible if a change in the information previously submitted." 11. Replace article 12, paragraph 4, the words "in which the accused found guilty of the crime" with the words "criminal offender". 12. Supplement article 17, paragraph 1, third paragraph with the words "or refusal to accept a request for State compensation." 13. Replace article 1, points 4 and 5, the words "the accused found guilty of the crime" (the fold) with the words "criminal offender" (fold). 14. Replace the title of article 21, third, fourth and fifth paragraphs, the words "the accused found guilty of the crime" (the fold) with the words "criminal offender" (fold). 15. transitional provisions: to make paragraph 3 by the following: "3. This Act article 7, first paragraph, first sentence, of the conditions shall enter into force on January 1, 2014. 31 December 2013 for one crime victim of State compensation payable the maximum amount is determined for the four minimum monthly wage, and article 7 of this law the second part to be paid in the amount of State compensation is calculated on the basis of the four minimum monthly wages. "; adding to the transitional provisions in paragraph 5 by the following: "5. the State compensation demand that the administration of legal aid received by 2012 31 December, it shall consider and State compensation shall be granted according to the regulations in force until 2012 December 31." 16. Make the informative reference to European Union directives as follows: "Informative reference to directives of the European Union

The law includes provisions resulting from: 1) of the Council of 29 April 2004, the Directive 2004/80/EC relating to compensation to crime victims; 2) 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. " The law shall enter into force on January 1, 2013. The Parliament adopted the law in 2012 on November 15. The President a. Smith in 2012 on November 30.