The Amendments To The Criminal Law Of The

Original Language Title: Grozījumi Krimināllikumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/233715

The Saeima has adopted and the President promulgated the following laws: criminal law amendments to make the criminal law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 1998, no. 15; 2000, no. 12, 13, 15; 2001; 2002, nr. 11, 16, 22, 23 no; 2003, 10, 15; 2004, nr. 2, 3, 4, 6, 11, 12, 13; 2005, nr. 2, 11, 12, 13, 20, 21; 2006, no 1., 7., no. 22; 2007 , 3, 15, nr. 24; 2008, 3, nr. 24; 2009, 13, 15, 21. no; Latvian journal, 2009, 193. no; 2010, 178, 199. no; 99. in 2011, no.) the following amendments: 1. Replace the words "throughout the Act police control" (fold) with the words "probation supervision" (fold).
2. Article 36: turn off the second part of paragraph 5;
Add to the second part of paragraph 5.1 by the following: "51) probation supervision;"
replace the third paragraph, the words "in addition, the rights" with the words "additional penalty, disqualification or probation supervision".
3. Turn off the article 45.
4. Supplement article 45.1 of chapter IV with the following: "article 45.1. Probation supervision probation supervision (1) is either that court or the statement of ordering the punishment determined by the Prosecutor as a coercive tool to ensure the convicted person or the person is determined by either the Prosecutor's statement as punishment, behavioral monitoring, facilitate the person's resocializācij and a new criminal offence committed.
(2) a probation supervision can only be applied to the particular part of this law, in the cases referred to the period from one year to three years. The Prosecutor, the statement on the fine setting of the probation supervision may apply no more than half of this particular part of the law in that article for the maximum duration of the probation supervision.
(3) a probation supervision during the convict or the person is determined by either the Prosecutor's statement about the penalty, carrying out of the national probation service.
(4) if the probation supervision is applied together with the deprivation of liberty, or arrest, launched after the execution of the sentence, but the principal, where appropriate fine or forced labor, the moment when the person starts through the principal. When a person is conditionally released before the term of the custodial penalty, additional penalty: probation supervision, execution once launched over personal supervision after conditional early release.
(5) the Court of justice by the national probation service application, you can reduce the term of the probation supervision or probation supervision.
(6) If a convict or a person who is determined by either the Prosecutor's statement about the penalty, additional penalty sentence be carried out a new criminal offence, the Court will not replace the additional penalty time served with the deprivation of liberty and the final penalty determined in accordance with this law, article 51 and 52.
(7) if the person with the judgment of the Court or the Prosecutor's statement on certain probation supervision, without valid reason, violating its rules, the Court by the national probation service application, you can replace without the additional penalty time served, probation supervision for two days as a custodial one day. "
5. the first subparagraph of article 52: off 3;
Add to part with point 4 as follows: "4) two days of monitoring probation."
6. Express article 55 fifth paragraph as follows: "(5) sentenced to probation, the additional penalty may be imposed except for probation supervision and expulsion from the Republic of Latvia."
7. Turn off 61 article sixth.
8. To make the first paragraph of article 159 of the sanction as follows: "punishable by deprivation of liberty for a period of two to ten years probation and supervision for a period of up to three years."
9. Article 160: make the first part of the following sanctions: "punishable by deprivation of liberty for a period of two to ten years probation and supervision for a period of up to three years.";
the second part of the present penalties are as follows: "punishable by deprivation of liberty for a period of five to fifteen years and probation supervision for a period of up to three years."
10. Add to article 161 of the sanctions with the words "or with a fine of up to two hundred minimum monthly salary and the probation supervision for a period of up to three years or without it".
11. Article 162: Supplement sanctions first subparagraph with the words "or with a fine of up to one hundred fifty minimum monthly salary and the probation supervision for a period of up to three years or without it";
the second part of the present penalties are as follows: "punishable by deprivation of liberty for up to five years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly salary and the probation supervision for a period of up to three years or without."
12. in article: 162.1 put sanctions first subparagraph as follows: "punishable by arrest or forced labour, or by a fine of up to one hundred minimum monthly salary and the probation supervision for a period of up to three years or without.";
the second part of the present penalties are as follows: "punishable by deprivation of liberty for a period of up to three years or by arrest, or to forced labour, or by a fine of up to one hundred fifty minimum monthly salary and the probation supervision for a period of up to three years or without."
164. Article 13: replace the first part of the word "penalties" with the words "sixty-one hundred and fifty";
the second part of the present penalties are as follows: "punishable by deprivation of liberty for up to five years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages, seizing property or without confiscation of property, and with the supervision of the probation for a period of up to three years or without.";
to make the third part of the sanction as follows: "punishable by deprivation of liberty for a period from three to eight years, confiscating belongings or without confiscation of property, and with the supervision of the probation for a period of up to three years or without.";
adding to the sanctions of the fourth paragraph by the words "and with the probation supervision for a period of up to three years".
14. Article 165: make the first part of the following sanctions: "punishable by deprivation of liberty for up to five years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages, seizing property or without confiscation of property, and with the supervision of the probation for a period of up to three years or without.";
adding to the sanctions of the second paragraph, the words "and with the probation supervision for a period of up to three years".
15. Article 166: replace the first part of the word "penalties" with the words "thirty-one hundred and fifty";
the second part of the present penalties are as follows: "punishable by deprivation of liberty for a period of up to three years or by arrest, or to forced labour, or by a fine of up to two hundred minimum monthly wages, seizing property or without confiscation of property.";
to make the third part of the sanction as follows: "punishable by deprivation of liberty for a period of up to six years ago, seizing property or without confiscation of property, and with the supervision of the probation for a period of up to three years or without.";
to make the fourth paragraph of the following sanctions: "punishable by deprivation of liberty for a period from three to twelve years, confiscating belongings or without confiscation of property, and with the supervision of the probation for a period of up to three years or without."
16. Make 168. disposition of the article as follows: "for the avoidance of abuse or family courts of the Court ruling arising from custody, care or access to the child, as well as a court order which provides for the delivery of the child back to the country where he is resident, or abuse such ruling or malware, not this ruling delays the execution".
17. transitional provisions: Supplement 6. the second sentence of the paragraph with the following wording: "in the case of persons punished by this Law 159, 160, 161.162.164.165, 162.1,, and article 166, amendment of article 61 of this law in the fourth paragraph of the mandatory obligation to participate in probation programmes shall enter into force on the 1 October 2011.";
transitional provisions be supplemented with 10, 11, 12, 13 and 14 as follows: "10. amendments article 36 of this law the second part of paragraph 5, article 45, article 52 paragraph 3, first subparagraph, and article 55 in the fifth part of the additional penalty: exclusion of police control: the entry into force on January 1, 2015.

11. Amendments to this law, article 98, the third subparagraph of article 99, fourth paragraph 116, 117, 118, 125. in article 148, the third paragraph of article 152, article 153 in the third subparagraph, in the third paragraph of article, the third paragraph of article 154, the third paragraph of article 154.1, the third paragraph of article 165.1, article 174, article 175, fourth paragraph in article 176 article 177, third subparagraph of the third paragraph of article 177.1, 183 in the second paragraph of article in article 187, 184, in the second part of the article, article 190, 190.1 in the fourth paragraph of the article, third paragraph article 192, second paragraph article 192, fourth paragraph of article 193.1 in the third paragraph, the third subparagraph of article 195, the third paragraph of article 206, 218 in the third subparagraph of article, 220.1, second subparagraph article 221, in the third paragraph, in the third paragraph of article 221.1, 224, 225, article 231, the second paragraph of article 233 in the third subparagraph of article , the third paragraph of article 243, 253, 253.1 article 269 article, second paragraph, 285 in the third subparagraph of article, the third paragraph of article 294.1, article 295, third paragraph, article 314 311. in the third subparagraph of article 320 article, in the fourth paragraph, the third subparagraph of article 323 of the additional penalty: the police control: the substitution of the additional penalty of probation supervision — — entry into force 1 January 2015.
12. In addition, the police control, continue to apply to persons up to 2011 September 30 committed this Act 159., 160, 165.164, and 166. criminal offence provided for in article, and who by 2014 31 December committed another act of part of this particular article, the criminal offence.
13. In addition, the police control, continue to endure this persons sentenced, and those applicable to such police control execution conditions: 1) when a person is conditionally released before the term of parole, either — the execution of police control: start with the moment when the person ceased supervision after conditional early release;
2) Court at the penitentiary institutions of the Administrative Commission or the police authorities can reduce the application of police control or the control of the police to cancel;
3 the additional penalty if convicted) prison time made a new crime, the Court will not replace the additional penalty time served with the deprivation of liberty and a definitive punishment in accordance with this law, the provisions of article 51, two police control of the daily calculated as one day of imprisonment;
4) if the person with the judgment of the Court of Justice established the police control, abuse violates its rules, the Court, upon application by the police authorities can replace not the additional penalty time served, two police control of the daily calculated as one day of imprisonment. Police control regulations are abusive, if a person during the year, twice convicted of such administrative irregularities.
14. In addition, the probation supervision — apply by 1 October 2011 for persons who committed this Act 159., 160, 161, 162.., 162.1, 164.165. Article 166, and the criminal offence provided for in, but by January 1, 2015, individuals who committed another special part of this law provided for the criminal offence in article. "
The law shall enter into force on the 1 October 2011.
The Parliament adopted the law of July 8, 2011.
The President a. Smith in 2011 on July 28.