Amendments To The Latvian Code On Execution Of Punishments

Original Language Title: Grozījumi Latvijas Sodu izpildes kodeksā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/233960

The Saeima has adopted and the President promulgated the following laws: the amendments to the Penal Procedure Code of Latvia in Latvian penal procedure code in the following amendments: 1. in the first subparagraph of article 50.5: turn off point 7;
Add to part with 7.1 points as follows: ' 71) persons not served the additional penalty: probation supervision — replaced by imprisonment; ".
2. Replace article 50.10 in the second paragraph, the words "submitted to the Court any proposals for conditional release of prisoners before the deadline and also of the additional penalty: the police control: the term reduction or exemption from it" with the words "and to submit proposals to the Court on conditional release convicted before the deadline."
3. turn off the first part of article 50.11 5.
4. Turn off the twenty-second chapter.
5. To supplement the code with the twenty-fourth chapter of "A" the following: "twenty-fourth chapter of" A "probation supervisory enforcement order article 138.1. Probation supervision, of the additional penalty imposed on the Convicted — probation — performance monitoring provides the national probation service, creating probation supervision plan, specifying responsibilities and controlling the execution.
138.2 article. Convicted duty to apply probation supervision for commencement of performance of the Convicted who are sentenced to probation supervision, within five working days after the release of a custodial sentence or execution seizure authority or by a court judgment from the date of entry into force is to arrive in the national probation service under the territorial unit of residence declared to log execution.
138.3 article. Probation supervision Probation supervision plan is carried out in accordance with State probation officers probation supervision plan prepared, involving a convicted person.
Probation supervision during the national probation service officer who conducted surveillance of convicted may amend the probation supervision plan.
Article 138.4. Sentenced to probation obligations being served to the Person monitoring the Court ordered probation supervision is obliged: 1) fulfill State probation officers in certain responsibilities and legal requirements;
2) come to the national probation service's territorial Department State probation officers in specified time;
3) to inform the national probation service official as his residence, workplace, or school, and to immediately notify on change;
4) ask the national probation service's permission for departure outside the residence for more than 15 days;
5) submit to the national probation service officials information on the fulfilment of the obligations imposed;
6) submit to the national probation service officials information on livelihoods.
Probation supervision at the time of arrival at the national probation service, the convict must not contain alcohol, the illicit manufacture of narcotic drugs or psychotropic substances under the influence.
Article 138.5. With probation supervision in the additional penalty of being served the law convicted — probation supervision, the convicted have the right to: 1) participate in the preparation of the probation supervision plan;
2) familiarize yourself with the probation supervision plan;
3) reasoned request to the other supervisors designate for State probation officers;
4) reasoned request to amend the probation supervision plan.
138.6 article. Probation monitoring convicted detectable responsibilities State probation officers probation supervision is determined by the convicted of one or more of the following duties: 1) the prohibition to leave residence within a 24-hour period;
2 prohibition to stay in particular) public places;
3) ban to contact certain people;
4) prohibition to leave the specific administrative area without permission of the probation service;
5) prohibition of use alcohol and other intoxicating substances;
6) the obligation to come to the national probation service territorial unit;
7) the obligation to participate in one or more probation programmes;
8) prohibition to purchase, carry or keep certain items;
prohibition to approach a certain 9) objects, places or institutions;
10) duty kriminogēn problem solving to visit the national probation service specified professionals, if the convict agrees to pay the following additional expenses related to the visit or the convicted this entails additional expenses;
11) the obligation to fulfil the national probation service instructions directed to legitimate livelihood generation or domestic issues in a socially responsible manner.
138.7 article. Probation revocation of supervision, the reduction or replacement If the probation supervision convict has successfully endured half a certain penalty, national probation service may apply to the Court with a request to cancel the probation supervision probation supervision or cut.
If the national probation service officer finds that the probation supervision convicted without justification, violating the obligations laid down in this code or commit a new criminal offence, it shall prepare and transmit to the Court the application for probation supervision for the substitution of the deprivation of liberty.
Probation supervision is suspended due to the day when the Court sent an application for probation supervision with the substitution of imprisonment. "
6. Replace the third paragraph of article 154, the words "can be done in the monitoring plan necessary amendments" with the words "may amend the monitoring plan".
7. transitional provisions be supplemented by 24 as follows: "in addition, 24 police control — continue to endure this persons sentenced, and those applicable to such police control execution conditions: 1) to the person with the judgment of the Court of Justice established the police control, you can apply the following restrictions: (a) the prohibition to leave residence) within a 24-hour period, (b) the prohibition to stay in specific) public places, c) prohibition to leave the specific administrative area without police permission obligation, d) from one to four times a month to come to the police to register;
2) to verify the person comply with the restrictions imposed, police officers can visit the residence at any time of the day;
3) to the person with the judgment of the Court of Justice established the police control, certain restrictions according to point 1 of this paragraph defines the police authorities (at the place of residence of the person concerned) boss;
4) control the implementation of the police apply the Cabinet June 30, 2008. Regulation No 479 "Either-police control — implementation modalities";
5) if the person with the judgment of the Court of Justice established the police control, abuse violates its rules, district (City) Court in the territory of which that person is resident, after inspecting police authorities application under criminal law and the criminal law may not replace the additional penalty served a penalty involving deprivation of liberty. In the case of such substitution of imprisonment izciešam partly closed prison;
6) the Administrative Commission shall, when deciding whether to send the proposal to the Court on the convicted conditional early release from a sentence, which is defined as either a police control, can decide on whether to send the proposal to the Court for a term of either reduction or abolition of the additional penalty. The application must be submitted to the district (municipal) court action within the territory of the penitentiary institution;
7) if convicted, who as a either a police control, during this sentence with good behavior proves that he has changed, the controlling authority of the Police Commissioner may propose the district (City) Court in the area where the sentenced person lives, reduce or cancel either additional penalty;
8) State police territorial unit shall immediately forward the information to the family courts on the convicted, if either-police control, during run time, get news, giving rise to reasonable suspicion of a possible child health, life or full development risk, and convict living or planning to live in a family with children. Information indicating the sentenced name, ID code, criminal law article, after which he was convicted, sentenced to a term in police control and information pointing to a possible danger to the child. Forward this information to the family courts, which the actions area and the possible threat of convict child. This information is limited by the availability of information. "
The law shall enter into force on the 1 October 2011.
The law in the Parliament adopted 21 July 2011.
The President a. Smith in Riga august 3, 2011 in