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/220966

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.) the following amendments: 1. Replace article 4, first paragraph, the words "criminal offences committed in the territory of Latvia held accountable in accordance with this law" with the words "commit an offence, whether or not it made the place recognized as criminal and punishable, be held accountable on the territory of Latvia in accordance with the law."
2. Supplement article 48 in the first part of paragraph 15 with the following: ") 15 criminal offences related to violence or violence committed against the persons of piedraudējum, to which the offender is first or second degree of affinity, or to the spouse or former spouse, or a person with whom the offender is or has been registered in the relations of the spouses, or against the person with whom the offender has in common (not shared) facilities."
3. To supplement the law with article 49.1 of the following: ' article 49.1. Determination of the penalty, in the event of non-compliance with the right to the completion of the criminal proceedings within a reasonable time (1) if the Court finds that the failure to observe the rights of the individual on completion of the criminal proceedings within a reasonable time, it may: 1) this circumstance to be taken into account for the determination of the fines and punishments to soften;
2) to determine the penalty, which is lower than the minimum limit, one of the offences provided for in the Act;
3) fix another, easier way than the penalty for the criminal offence provided for by law.
(2) if the Court finds that the failure to observe the rights of the individual on completion of the criminal proceedings within a reasonable time and the person committed a crime for which the criminal law sanctions in Particular parts of the article provides for the death penalty or life imprisonment, the Court or the death penalty instead of life imprisonment can impose imprisonment for twenty years. "
4. Article 50: Add to the first paragraph, after the word "offences" with the words "Prosecutor, drawing up the statement for punishment, or";
to make a fifth by the following: "(5) in the same order, the Court shall determine the punishment, if after the judgement or the Prosecutor's statement on the fine dial found that a person guilty of an offence in the other, which it made before the judgment or the Prosecutor's statement on the first case. In this case the penalty during the penalty, which included totally or partially already served after the first verdict or the Prosecutor's statement about the penalty. "
5. Turn off the article 51 in the fourth paragraph, the number "50".
6. Article 56, first paragraph: 1. turn off the point;
make point 2 as follows: "2) two years from the date of offence;".
7. Supplement article 58 to fifth the following: "(5) a person from criminal responsibility may be exempt if it is established that the rights have not been respected on the completion of criminal proceedings within a reasonable time."
8. Article 63: turn off the second sentence of the second subparagraph;
make the third paragraph as follows: "(3) For the impunity recognized: 1) persons exempted from punishment or a judgment vindicated;
2) persons who joined the conviction judgment provided for in law enforcement is barred;
3) conditionally sentenced persons — a year after the end of the trial period, but in the case of application of the additional penalty: a year after the addition at the end of their sentence, if during the test or during either of the penal authorities enforced, is not aware of an infringement;
4) after one year, persons sentenced to arrests, confiscation of property, forced labour or a fine;
5) after two years — individuals who suffered a custodial sentence of not more than three years;
6) after five years, persons who suffered a custodial sentence of more than three years, but not longer than five years;
7) after eight years — individuals who suffered a custodial sentence of more than five years but not exceeding ten years;
8) after ten years: a person who suffered a custodial sentence of more than ten years. ";
to complement the fourth paragraph after the word "person" with the word "fully".
9. Express 94 and 95 of the article as follows: "article 94. State secrets a deliberate disclosure Of State secrets a deliberate disclosure, if it is done by a person who has been warned on State secrecy, and this offence has no signs of espionage, 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, taking away the right to a specific occupation or the right to occupy a specific position for a period of up to five years or without it.
Article 95. Disclosure of State secrets attention on State secrets disclosure recklessly, if done by a person who has been warned on State secrecy, or on State secrets, the loss of the object if it is done the person to whom the State secret was entrusted to an object, and if it would cause material injury — punishable by deprivation of liberty for a period of up to two years or with arrest or forced labour , or with a fine of up to two hundred minimum monthly wages, taking away the right to a specific occupation or the right to occupy a specific position for a period of up to two years, or without it. "
10. To make the sanctions following article 96: "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 minimum monthly wages."
11. Article 97: turn off the first part;
make the second paragraph as follows: "(2) For natural resource exploration or violation of the terms of use of the Republic of Latvia in the territorial sea, continental shelf or exclusive economic zone, if it would cause substantial injury to the sea, the coast or other material injury — punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages."
12. Article 98: turn off the first part;
to make the second and the third part as follows: "(2) For radioactive substances or other sources of ionizing radiation, hazardous biological, bacteriological, toxic, deplete the ozone layer, or a mixture of chemicals or other hazardous substances or materials, preparation or viral production, acquisition, transfer, storage, processing or violation of the terms of use, if that would cause material injury to the environment, human health, property or other economic interests — punishable by deprivation of liberty for a period of up to four years or with an attachment , or to forced labour, or by a fine of up to two hundred minimum monthly salaries.
(3) For the second part of this article in violation of the rules if it caused serious consequences or if done so within organized group — punishable by deprivation of liberty for a period of up to eight years and with police control for a period of up to three years or without. "
13. Article 99: put the name of the article as follows: "article 99. Hazardous waste management regulations ";
turn off the first part;
make the second paragraph as follows: "(2) For hazardous waste collection, storage, handling, transportation, recycling, recovery or disposal regulations if it would cause significant damage to the natural environment, human health, property or other economic interests — punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to one hundred fifty minimum monthly wages.";
to make the third part of the sanction 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.";
replace the fourth part of the enacting terms, the word "first" with the word "second";
to make the fourth paragraph of the following sanctions: "punishable by deprivation of liberty for a period of up to seven years and with police control for a period of up to three years."
14. in article 101: the first part of the turn;
the second part of the present penalties are as follows: "punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages.";
to make the third part of the sanction as follows: "punishable by deprivation of liberty for a period of up to ten years."
15. Article 102: turn off the first part;
the second part of the present penalties are as follows: "punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages.";
to make the third part of the sanction as follows: "punishable by deprivation of liberty for a period of up to ten years."
16. Article 103: turn off the first part;
the second part of the present penalties are as follows: "punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages."
17. Article 104 of the expression as follows: "article 104. The object of the operation without cleaning structures

For industrial, agricultural, municipal, or other objects of the farm operation, if they have not installed the necessary treatment, harmful substances and dedusting facilities and installations or is in a State that is not a valid operation, and if it would cause material injury to the environment, human health, property or other economic interests — punishable by arrest or forced labour, or by a fine of up to one hundred minimum monthly wages. "
18. Replace article 105, the words "sanctions to imprisonment for up to two years or with the attachment or the" with the words "with the attachment or".
19. Article 106 of the expression by the following: ' article 106. Hiding data on environmental pollution (1) For not reporting on marine pollution or other adverse effects from vehicles or structures in the sea, if it is done by someone who had a duty to report, fine with attachment or to forced labour, or by a fine of up to fifty minimum monthly wages.
(2) on natural environmental contamination data hiding or intentional tampering, if done by someone who had the obligation to provide the data, and if it would result in material injury to the environment, human health, property or other economic interests — punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages. "
20. Article 107: make the first part of the following sanctions: "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 wages.";
replace the second paragraph, the words "fifteen penalties" by "eight".
21. Article 108: make the first part of the following sanctions: "punishable by deprivation of liberty for a period of up to two years or with arrest or forced labour, or by a fine of up to one hundred minimum monthly wages.";
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."
22. Article 109: make the first part of the following sanctions: "punishable by deprivation of liberty for a period of up to two years or with arrest or forced labour, or by a fine of up to one hundred minimum monthly wages.";
make the second paragraph as follows: "(2) For arbitrary felling of trees, the destruction of or damage to especially protected natural territory, mikroliegum, park, Park in the alley or the environment and natural resources in the zone of protection — 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 wages.";
to make the third part of the sanction 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."
23. Article 110: turn off the first part;
the second part of the present disposition of the following: "(2) For catching fish or other aquatic animal or the taking of fish without the appropriate permit or conservation, or unauthorized places or with the prohibited tools or techniques (arbitrary acquisition) where it made specially protected natural area or cause substantial injury,";
replace the second paragraph, the words "forty penalties" by "hundred";
to make the third part of the sanction as follows: "punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages."
24. Article 111 of the Present penalties are as follows: "punishable by deprivation of liberty for a period of up to two years or with arrest or forced labour, or by a fine of up to one hundred and twenty minimum wages."
25. Article 112: turn off the first part;
turn off the second part of the enacting terms, the word "State";
the second part of the present penalties are as follows: "punishable by deprivation of liberty for a period of up to two years or with arrest or forced labour, or by a fine of up to one hundred minimum monthly wages.";
to make the third part of the sanction as follows: "punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages."
26. the express sanction of article 113 as follows: "punishable by arrest or forced labour, or by a fine of up to two hundred minimum monthly wages."
27. Express article 114 and 115. by the following: ' article 114. Specially protected natural areas of destruction and deterioration of specially protected natural territory, destruction or tampering, if it would cause material injury — 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 salaries.
115. article. Specially protected animal and plant destruction and damage than specially protected animal, plant, fungus or Lichen or their habitats or specially protected habitat destruction or damage, if it would cause material injury — 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. "
28. Supplement article 115.1 of chapter XI with the following: "article 115.1. Endangered species of wild fauna and flora trade specimens of infringements of the provisions of the endangered species of wild fauna or flora species or parts or violation of the terms of trade, if it would cause material injury — punishable by deprivation of liberty for a period of up to two years or with arrest or forced labour, or by a fine of up to one hundred minimum monthly wages. "
29. Article 130: turn off the first part;
turn off the second part of the enacting terms, the words "which caused temporary health problems or general capacity of permanent loss of non-significant '.
30. Article 148 of the expression as follows: "article 148. Infringement of copyright and related rights (1) violation of copyright or related rights, if that material injury caused by the Act protected the rights and interests of persons, punishable by deprivation of liberty for a period of up to two years or with arrest or forced labour, or by a fine of up to one hundred fifty minimum monthly wages.
(2) the same acts, if committed by a group of persons by prior agreement, punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages, taking away the right to a certain activity for a period of up to three years or without it.
(3) the infringement of copyright or related rights, if it made much or if it organized a group of committed or of coercion with violence, threats or blackmail to renounce authorship, or for the imposition of co-authoring, if committed with violence, threats or blackmail, punishable by deprivation of liberty for a period of up to six years, taking away the right to a certain activity for a period of up to five years, and with the police control for a period of up to three years or without. "
31. off article 149.
32. Article 168 of the expression as follows: "article 168. Ruling on the custody, care and rights of access to the child abuse failure avoidance or family courts of the Court ruling arising from custody, care or access to a child, or malicious failure of this ruling, or abuse its execution delays — punishable by arrest or forced labour, or by a fine of up to eighty minimum monthly wages. "
33. the express article 182.1 as follows: "article 182.1. Illegal activity with the electricity consumption, heat and gas komercuzskait (1) On intervention in the electricity, heat or gas meter of the komercuzskait in action or for obstructing, or on equipment, devices or software manufacture, adaptation, distribution or installation, if it creates an opportunity for persons to consume arbitrary power, heat or gas — punishable by arrest or forced labour, or by a fine of up to one hundred minimum monthly salaries.
(2) the same acts, if committed repeatedly or if they committed group of individuals by prior agreement, or if they caused serious consequences — 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. "
34. in article 187: turn off the title, the words "and the line";
turn off the first part of the enacting terms, the words "high pressure line".
35.188: replace the title of the article the words "upstream" with the word "gas";
turn off the first paragraph, the words "high pressure line".
36. Express article 206 by the following: ' article 206. Trademarks, other marks and illegal use of the design (1) On trade marks, trademarks or service marks or other design, the illegal use of counterfeit or fake sign marks the use or distribution of the deliberate, if that material injury caused by the Act protected the rights and interests of persons, —

punishable by deprivation of liberty for a period of up to two years or with arrest or forced labour, or by a fine of up to one hundred fifty minimum monthly wages.
(2) the same acts, if committed by a group of persons by prior agreement, punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to two hundred minimum monthly wages, taking away the right to a certain activity for a period of up to three years or without it.
(3) For trademarks, trademarks or service marks or other design illegal, counterfeit or fake sign marks the use or distribution of the deliberate, if done so within organized groups or done much, punishable by deprivation of liberty for a period of up to six years, taking away the right to a certain activity for a period of up to five years, and with the police control for a period of up to three years or without. "
37. Article 214: the name of the article be expressed by the following: ' article 214. The false filing of insolvency proceedings ";
turn off the first part.
38.215. Article: put the name of the article as follows: "article 215. Delay the onset of insolvency proceedings ";
turn off the first part.
39. Make 225. text of article as follows: "for the riot, involving pogroms, destruction, burning, destruction or violence against the person or with resistance can representatives, or active participation in them, punishable by deprivation of liberty for a period from three to twelve years and under police control for a period of up to three years."
40. the second paragraph of article 257: make disposition of the following: "(2) the same Act, if it would cause serious consequences";
replace the words "fifteen penalties" by "ten".
41. the express article 258, the second subparagraph by the following: "(2) the same acts, if they are resulting in severe consequences — punishable by deprivation of liberty for a period from three to fifteen years."
42. in article 260: turn off the first part of the enacting terms, the words "with health problems or moderate physical injury";
Add to article 1.1 part as follows: "(11) on road traffic regulations or entry into service of vehicles, if the contravention of the provisions of the committed person who drives a vehicle, and if the victim suffered moderate physical injury, punishable by deprivation of liberty for up to five years or with arrest or forced labour, or by a fine of up to one hundred minimum monthly wages, taking away driving rights for a period of up to five years or without it."
replace the enacting terms of the second subparagraph, the words ' in the first paragraph of this article "with the words" road rules or operating the vehicle;
adding to the disposition of the third paragraph after the word "first" with the number "1.1".
43. Replace article 300 in the enacting terms of the first subparagraph, the words "in witness or victim" with the words "the victim or a witness, other than the deliberately false testimony go to warn persons".
44. Replace 302. enacting terms of the first paragraph, the words "in witness or victim" with the words "the victim or a witness, another waiver to testify to alert persons".
45. Make informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) of the Council of 2 April 1979 by Directive 79/409/EEC on the conservation of wild birds;
2) 1991 of the Council of 10 June of Directive 91/308/EEC on prevention of the use of the financial system for the purpose of money laundering;
3) Council of 18 June 1991, the provisions of Directive 91/477/EEC on control of the acquisition and possession of weapons;
4) Council of 21 May 1992 Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;
5) Council on 5 April 1993 of Directive 93/15/EEC on the harmonisation of the provisions relating to explosives for civil uses the placing on the market and monitoring;
6) the European Parliament and of the Council of 24 October 1995 directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
7) Council of 29 June 2000, Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin;
8) of the European Parliament and of the Council of 27 November 2000 Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues;
9) the European Parliament and of the Council of 4 December 2001, Directive 2001/97/EC amending Council Directive 91/308/EEC on prevention of the use of the financial system for the purpose of money laundering;
10) of the European Parliament and of the Council of 7 September 2005 of Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements;
11) of the European Parliament and of the Council of 15 March 2006, Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC;
12) the European Parliament and of the Council of 19 November 2008, Directive 2008/99/EC on the protection of the environment through criminal law;
13) of the European Parliament and of the Council of 21 October 2009/123/EC amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements. "
Transitional provisions 1. Public Prosecutor's Office and the judicial, pre-trial investigation authorities in criminal proceedings for criminal offences, which qualified after criminal law article 97, the first paragraph of article 98, the first paragraph of article 99 of the first paragraph, the first paragraph of article 101, 102 in the first paragraph of article 6, article 103, first paragraph of article 106, first paragraph, the first paragraph of article 110, article 112, first paragraph of article 130, first paragraph of article 149 of the , the first paragraph of article 214 and 215 of the first paragraph of article, terminate in accordance with the law of criminal procedure, art. 377.
2. the Court of Justice, the public prosecutor and pre-trial investigation authorities, which are criminal records on criminal offences committed before the date of entry into force of the law and qualified by the criminal law, article 97, the first paragraph of article 98, the first paragraph of article 99 of the first paragraph, the first paragraph of article 101, 102 in the first paragraph of article 6, article 103, first paragraph of article 106, first paragraph, the first paragraph of article 110, article 112, first paragraph , article 130, first paragraph, (except for deliberate beating), article 149, the first paragraph of article 214 and 215 of the first paragraph of article, if the criminal proceedings are terminated in accordance with this law, the transitional provisions of paragraph 1, the necessary materials are sent to the competent institution or to the officials referred to the Latvian Code of administrative offences.
3. The Court, the prosecution and pre-trial investigation authorities in existing criminal proceedings for offences committed before the date of entry into force of the law and qualified by criminal law 94, 95, article 104, 110., the second subparagraph of article 148., and article 206.260, qualification of the offence left unedited.
4. From the Penal are not exempt persons who up to this law, the entry into force of this law, is convicted of the transitional provisions 1. and 3. the criminal offence referred to in paragraph 1.
The law shall enter into force on January 1, 2011.
The Parliament adopted Act 2010 on October 21.
President Valdis Zatlers in Riga V. 10.2010 November