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/232649

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. Turn off the eighth chapter.
2. To supplement the code with eight "A", "B" and "C" section as follows: "eighth" A "section with convicted the General provisions of the conditions of article 56.1. Sentenced to imprisonment, the types of conditions to ensure the attainment of the objectives of the resocializācij, convicted of being served fine, investigation prison, penitentiary or correctional institution, employing minors in return for payment or free of charge.
Article 56.2. With the employment of convicted prisoners employed for remuneration for payment if he is approached by written application to the Chief penitentiary authorities and it is possible to ensure that the convicts work-a custodial institution or outside.
Convicted for payment: 1) employed in custodial institutions in economic crew;
2) custodial institution located in merchants create places of work;
3) outside the custodial authorities, if allowed the prescribed sentence convicted regimen.
If one job candidate more inmates, priority shall be given to the applicant with the appropriate education, experience or skills.
If one job candidate more inmates whose education, work experience or skills are equal, priority shall be given to the applicant whose application for employment in the custodial institution is established first.
56.3 article. Basis for the deprivation of liberty in conditions of convicted for payment if the merchant who concluded a cooperation agreement with the custodial authority of employment, convicted want to employ convicts, sentences served in the closed or partly closed prison and convict the merchant before starting work on the work arrangement (hereinafter the agreement). If convicted, the sentence being served in the open prison, he wants to employ outside the prison territory at the company, a trader and convicted before starting work the concluded contract.
If it is possible to employ convicted custodial institutions in economic crew, then before starting work with the convicts, sentences served in the closed or partly closed prison, is an agreement, but with that sentence convicted endure open prison — contract of employment.
To convict could employ, penitentiary authorities issued the order Manager, which has permission to work during the convicted to be in a certain place. The order was an integral part of the agreement referred to in this article or part of a contract. By ordering, the penitentiary institutions take into account the convicted boss down the penal regime. Refusal to issue order on employment of the sentenced should be substantiated. Order of refusal to employ convicted may challenge the prison administration. Prison Board's decision is not appealable.
Agreement or contract of employment is a legal framework to a trader or custodial authority as the employer of convicted prisoners made the laws required tax payments (including employers ' compulsory social insurance contributions) and the income in deductions from convicted under Executive documents law of civil procedure.
56.4 article. For the payment of employee convicted of a legal status to the convicts that punishment being served in prison, investigation closed or partially closed jail or correctional institution for minors and is employed on agreement, subject to the provisions of this code, as well as the labour law 4, 22, 23, 30, 32 and 33, Chapter 9, 29, 31, 67, 68, 75, 132, 142 and 156 article and article 154 the first , the second, third and fourth.
To convict that served fine during open prison and is employed on a contract basis, the rules of labour law applies to the extent that this code provides otherwise.
The working conditions to be convicted under laws laid down in the labour protection requirements.
56.5 article. General provisions a the employment of convicted inmates who paid the penalty of the sentence being served in the lower and medium mode, working in the penitentiary institutions in the territory. This convicted job, subject to organise them in a specific penal provisions and providing treatment to their mutual isolation.
Convicted, the punishment being served in closed and semi-closed prison sentence mode in higher grade, with the custodial authorities a written permission of the Commissioner, which is matched by the prison administration may employ outside prison areas unguarded, ensuring their supervision.
Convicted, the punishment being served during open prison, with the custodial authorities a written permission of the Commissioner, which is matched by the prison administration, can employ outside its local administrative area in which the custodial authority. Custodial authority provides convicted check and control their return authority after working hours.
Jobs and positions, which prohibited to employ convicted, regulate the penitentiary of the internal rules.
56.6 article. The order in which the deprivation of liberty to employ convicted order in which a convicted employs about pay, is determined by the Cabinet of Ministers.
56.7 article. A convict working time rules are defined in the normal convicted weekly working time – 40 hours and an eight-hour working day in the five day work week. If the nature of the work it is not possible to determine the five day work week, sets a six-day work week, but in this case, the daily working time may not exceed seven hours and weekly working time – 40 hours. Work (shift) determine the beginning and end of the penitentiary institution's agenda. Inmates are not employed in the public holidays and weekends.
In general the weekly rest day is Sunday. If you need to ensure the continuous progress of work, allowed to employ convicted Sunday, giving him a rest time in another day of the week.
Working ways in which production conditions cannot be met convicted the normal daily or weekly working time may determine the total working time, subject to the condition that the working time does not exceed the period the staff member concerned the normal working time.
If the conditions of the agreement or the employment contract does not specify longer reporting period, total working time reference period is one month. Convict and employer may agree in writing to another accounting period, but it may not be longer than three months.
Convicted, the punishment being served up in institutions for minors, the length of the working day, as well as the weekly rest period shall be determined in accordance with the labour law.
Article 54.1. For payment with employed convicts leave for pay employed convicts granted six working days annual paid leave, but employed minors convicted — 12 working days annual paid leave.
Convict may request annual paid leave for the first year of service, if he's at the employer has been continuously employed for not less than six months.
The convicted woman employed at her request, be granted annual paid leave before the maternity leave or immediately after it regardless of the time that she had been employed at the employer.
Annual paid leave carried forward or extending the temporary incapacitation of the sentenced.
Sentenced to leave may not be transferred to the next year.
Time, which gives the right to annual paid leave, including the time when the convict was actually employed by the employer, and when a convict has not carried out the job for good reasons, including: 1) transient disability;
2) maternity leave;
3) forced the delay time if convicted unlawfully laid off from work and restore the previous work.
In the sixth part of this article that are excluded during the period of parental leave.
In exceptional cases, by mutual agreement, the convicted can be granted 20 working days unpaid study leave, if a convict involved in General, professional or academic education and training leave required state test or a diploma for development and advocacy.
56.9 article. The deprivation of liberty also convicted the rights and obligations of the operator or custodial institution employing convicted, are all working statutory employer's rights and obligations, in so far as this code provides otherwise.

The merchant and the custodial institution, employing convicted, is all the law "About taxes and duties", the law "on personal income tax" and the law "on State social insurance" employer obligations.
The trader is obliged, in addition to the first and second part of the question in writing without delay to inform the prison administration: 1) in the absence of the convicted, about changes in working time, convicted of pay and conditions for convicted of posting another performance space;
2) on the agreement or termination of the employment contract, amendment or expiration.
55.25 article. Sentenced to imprisonment without consideration of conditions of imprisonment convicted employ royalty-only custodial site and surrounding area maintenance, cleaning and home improvement jobs, as well as cultural and convicted housing improvement works.
With the imprisonment of convicted, except minors, pregnant women, women who have recently given birth to one year, breastfeeding women, the retirement age, as well as a convicted sasniegušo convicted, which is the first or second group, employing people with disabilities free of charge without their consent.
Jobs free of charge inmates take served outside working time not longer than four hours a day.
Works without remuneration may be longer if the convict made such a request.
Jobs free of charge does not involve the convicted workers employed for payment for more than four hours a day.
Article 56.11. Convicted of a temporary release from the basis of the conditions of the penitentiary institutions, medical opinion of the sentenced person exempt from employment on temporary disability.
With the imprisonment of the convict released from employment to the time required in connection with investigations or legal proceedings, meeting with champion, a sworn notary or public legal aid providers, as well as provided for in this code for the implementation of the law sentenced under the penal regime.
56.12 article. Sentenced to imprisonment and also the dispute procedures disputes between convicted and sentenced and tradesman or custodial authority on issues under consideration of the conditions of the sentenced, mutual agreement.
Disputes concerning the legal relations established on the basis of the arrangement, the law of civil procedure.
Disputes concerning the legal relations established on the basis of the employment contract, if no agreement is reached, the labour law.
Disputes arising from the employment of the sentenced or not, the prison authority Chief. Chief custodial authority may challenge the decision of the prison administration. Prison Board's decision is not appealable.
The eighth chapter of the entrepreneurs ' B ' involvement with the deprivation of liberty in conditions of convicted 56.13 article. The order in which operators are involved with the deprivation of liberty in conditions of economic operators convicted for involvement in the conditions of imprisonment convicted authority prison administration home page on the internet announcing the contest for the right to employ convicted in accordance with the procedure laid down in this code.
By invitation to tender, shall bear the following information: 1) the number convicted may employ, convict penal regime, education, work experience and skills, the statutory wage level of the convicted;
2) information according to laws and regulations on State and local government property lettings, rent-setting methodology and standard lease conditions.
56.14 article. Merchants offer merchant submitted tenders the evaluation the evaluation of a custodial institution shall set up a Commission.
The Commission shall assess the tenders, decide on the resocializācij needs of the convicted the right offer and determine the successful merchants.
With the merchant, who won the contest, custodial authority concludes cooperation agreements on the Organization of employment of convicted, as well as other necessary contracts for custodial institution (for example, utilities, buildings, facilities and land rent).
A merchant who is not declared the winner, the custodial authority within 10 working days after the decision has been informed in writing of the Commission's decision and the right decision this month to challenge the prison administration. The Commission's decision, with which the operator is declared the winner, must be substantiated.
Cabinet of Ministers shall lay down the procedure for applying economic operator convicted workers, merchants, merchant selection procedures for the consideration of the Commission's composition, operator selection criteria, procedures and decision-making procedures of the cooperation agreement concluded on the employment organisation of convicted.
"C" Division of the eighth with a deprivation of liberty sentenced pay 56.15 article. With the imprisonment of convicted in the wage-setting rules for pay employed the convicted have regularly paid remuneration for work. Wages and salaries include legislation, contract or agreement terms determine benefits, as well as bonuses and any other form of compensation in connection with the work.
Pay to be determined by application of the convicted: 1) time payroll system to properly prescribed in this code month pay (hourly rate) and the working time actually worked (hours);
2) chords of the payroll system: according to the amount of work done (after the operation or service charges) calendar month.
Pay convicted, employed in jobs created by the economic operators, shall determine the convicted trader and mutual agreement and under convicted minimum hourly rate and minimum monthly wages.
The convicted who are employed in the economic crew, wage Organization (time wage system or payroll system chords), the amount of the remuneration, as well as daily working time is determined by the penitentiary authorities in accordance with the orders of the Chief in the conditions laid down in the code.
Convicted, which determined incomplete working time shorter than the normal daily or weekly hours of work, pay calculated in proportion to the period of employment.
Pay the normal working time convicted within may not be less than the minimum laid down in this code of pay.
56.16 article. The minimum hourly rate and minimum monthly wage by deprivation of liberty for convicted minimum hourly rate and minimum monthly wages, according to the convicted she performed the work and the objectives of resocializācij are: 1) 50 percent of the country to the normal working time, minimum hourly rate and minimum monthly wage — convicted, the penalty being served in the closed or partly closed prison;
2) equivalent to the national minimum hourly rate — the punishment that convicted endure open prison;
3) 50 percent of the country boy minimum hourly rates: for minors convicted.
56.17 article. Deductions from the wages of a custodial institution or merchant who employ convicted for payment by the State social security payments for each employee, as well as the contributions of the convicts in the State budget out of the withheld pay convicted State social security payments and withholding personal income tax.
Convicted of the calculated wage deduction shall be made in accordance with the Act on civil procedures of the Executive documents in the order provided for in such an extent that after all the deductions of the sentenced personal account could set off at least 20 percent of the estimated wage, but reached the retirement age of the convicted, sentenced the first and second groups of disabled persons, minors, pregnant women, as well as the sentenced women's personal account, having children, children in prison, at least 40 percent of the estimated wage.
If convicted, either the set fine, the penitentiary administration by convicted each month, at the request of his wage transfers the funds to pay the penalty provided for the Treasury to account. "
3. transitional provisions be supplemented with 14, 15 and 16 of the following: "14. Prison Administration shall ensure that in accordance with the requirements laid down in this code: 1) up to 2011 December 1, be amended with the agreement of those convicted and employment contracts;
2) until 1 may 2012, were amended by the economic cooperation agreements concluded on the conditions of prisoners.
15. the eighth in this code "B" chapter in order to involve economic operators in the applicable conditions of convicted by January 1, 2012.

16. This article of the code and article 56.6 56.14 in the fifth subparagraph, the adoption of those provisions, but no longer than until 2012 January 1, are applicable to the Cabinet on 21 April 2008, the provisions of no. 292 "order in which operators are involved with organizing the employment of convicted, and the order in which those agreements with the custodial sentenced for organizing of employment" and the Cabinet of Ministers of 17 august 2010 rules no 780 persons convicted of "involvement in work and pay arrangements in custodial institutions" in so far as they are not inconsistent with this code of conduct. "
The law shall enter into force on the day following its promulgation.
The law adopted in Parliament 16 June 2011.
President Valdis Zatlers in Riga V 2011 July 6.