Amendments To The Procedure For The Keeping In Custody Law

Original Language Title: Grozījumi Apcietinājumā turēšanas kārtības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/233706

The Saeima has adopted and the President promulgated the following laws: the law of procedure of holding in custody in detention order keeping the law (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2006, no. 15; 2009, 2., no. 14) the following amendments: 1. Add to article 3 of the third part as follows: "(3) If the sentenced person shall, on the basis of a court, Prosecutor or the Attorney General of the Republic of Latvia, moved to the prison of the investigation or other custodial institution created during the investigation of the Prison Department (hereinafter referred to as the prison investigation) in connection with legal proceedings or investigations activities, that person's rights is determined by the Penal Procedure Code of Latvia. "
2. To make article 4 the first paragraph by the following: "(1) the execution of Remand prison. Investigation of the prisons in the Republic of Latvia creates and removes the Ministry of Justice. "
3. Turn off the article 5.
4. Replace article 9, second paragraph, the words "the State Revenue Service Department according to the location of the prison" with the words "State revenue".
5. Express article 11 the first paragraph by the following: "(1) Arrested and sentenced to prison the investigation placed the enforcement of criminal laws and regulations governing the cases, investigation of the prison placed a locked room (camera)."
6. Article 13: make the first part of paragraph 6 by the following: "6) on at least an hour long meeting with relatives or other persons not less than once a month;"
make the first part of the first sentence of paragraph 10, the following wording: "to use a personal small household appliances: tv set (screen size up to 50 cm diagonal) and then add video games, as well as a fridge, water heated device, radio (no voice recording capabilities).";
to turn off the second part;
to supplement the article with the third part as follows: "(3) when deciding on the first part of this article 6 set the duration and frequency of meetings, the prison administration shall assess the need to ensure equal opportunities for all arrested the appointment."
7. To supplement the law with article 13.1 the following: "13.1 article. Appointment process provisions (1) this law, in article 13, first paragraph, point 6 identified in meetings with relatives or other persons without the prison administration of the investigation, the presence of a representative.
(2) investigation of the warden in case of emergency, the individual assessment of each case and basing that decision, a decision may be taken on the first paragraph of this article, the progress of the investigation, the appointment of the prison administration in the presence of the representative, if necessary for reasons of safety or interests or criminal proceedings requested by the visitor. This decision may challenge the prison administration Chief of the administrative procedure law. Prison Administration Chief's decision may appeal to the District Administrative Court of the administrative procedure law. Administrative District Court decision may not be appealed. "
8. Article 18: express the first part of paragraph 1 by the following: "1) meeting with relatives or other persons once a week this law 13.1 the order referred to in article 4;";
to supplement the article with the fourth paragraph as follows: "(4) investigation of warden can allow for minors to leave the investigation to arrest the prison territory for the time necessary to organize the examination of General or professional educational institution. During this time, the prison investigation supports the minor arrested in supervision. "
9. Replace article 28, second paragraph, the word "second" with the word "third".
10. Turn off the article 29, paragraph 2.
11. Article 30: to replace the title of the article and in the first paragraph, the word "non-compliance" with the word "violation";
to supplement the first part with a 1.1 point as follows: "11) take away the personal television and radio (no voice recording capabilities) for a period of up to one month and put in the IP storage warehouse or returned to the prison for persons arrested for their use transferred;"
to supplement the article with the fourth and fifth by the following: "(4) of the first subparagraph 1.1 penalty provided for in paragraph 3 shall only apply for the investigation of internal rules of the prison under the personal tv or radio (no voice recording capabilities) in order of use.
(5) if the walk is a violation of the prison investigation internal rules provided for in the rules, walking the walk is interrupted and the applicable penalty for the arrest, the investigation of the internal rules of the prison. "
12. Replace article 31 name the word "non-compliance" with the word "breach".
13. Replace article 32 in the third paragraph, the word "child" with the word "infant".
14. Add to article 34 of the third part as follows: "(3) minors arrested, put in a penalty isolator, permission lists with family."
15. Supplement article 35 paragraph 5.1 by the following: "51) refusal to go to the hospital for medical inspection if the arrest did not agree with the examination of the concentration of alcohol in exhaled air or its outcome;".
16. off the third subparagraph of article 37.
17. Article 38: put the name of the article as follows: "article 38. The order in which the request for punishment for prison internal affairs investigation of a breach of the provisions ";
turn off the first part.
18. Article 40 to make the first paragraph by the following: "(1) If the term of detention expired and have not received a decision on the extension of detention, detainees released in accordance with the law of criminal procedure, art. 314 quarter."
19. Replace article 42, the number and the words "10 days" with a number and the words "10 working days".
The Parliament adopted the law of 14 July 2011.
The President a. Smith in 2011 on July 28.