An Amendment To The Criminal Law

Original Language Title: Grozījumi Kriminālprocesa likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/220967

The Saeima has adopted and the President promulgated the following laws: the law of criminal procedure amendment of criminal procedure law in the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 11, 20; 2006, nr. 4; 3, 13, 2007, no. 1, 15; 2008. no; 2009, 9, 14, 15 no; Latvian journal 19, 2010 No.) the following amendments: 1. in article 2: Add to the first paragraph, after the words "the Constitution of Latvia" with the words "(hereinafter the Constitution)";
turn in the second paragraph, the word "(community)";
replace the second paragraph, the words "Court of Justice" with the words "the Court of Justice of the European Union".
2. To make article 7 by the following: ' article 7. Accusation in criminal proceedings (1) where this Act provides otherwise, criminal proceedings shall be carried out in the public interest, regardless of the will of the person who suffered the damage. The prosecution function in criminal proceedings on behalf of the Prosecutor.
(2) The criminal law 90, 130, 131, 132., 136, 157, in article 159 article 160 in the first part of the first subparagraph of article 168, 169, 180, 185. in article in the first paragraph, article 197, first paragraph of article 200 and 260 in the first subparagraph of article for criminal offences, if the application is launched from the person wronged. Criminal proceedings may be initiated even if the application is not received from the person harmed, if this person is due to a physical or mental disability itself could not exercise their rights. "
3. Replace article 17, the word "investigation" with the word "process".
4. Turn off the fourth paragraph of article 26, the words "(community)".
5. the third paragraph of article 39: replace the words "the Court of Justice of the European Communities ' with the words ' Court of Justice of the European Union";
to turn off the word "(community)";
replace the words "Court of Justice" with the words "the Court of Justice of the European Union".
6. Replace article 41 paragraph 3, second subparagraph, the words "the person who has the right to defence" with the words "persons involved in criminal proceedings, which shall have the right to get acquainted with the materials of the criminal case".
7. Turn off the article 43, second paragraph, the words "except in the case of private prosecution".
8. Turn off the article 44.
9. Turn off the second subparagraph of article 50.
10. Turn off the article 66 in the third paragraph, the words "investigation".
11. Replace article 70, first paragraph, point 3, the words "apply to the investigating judge" with the words "after the completion of the pre-trial criminal procedure apply to the investigating judge".
12. To supplement the law with article 74.1 74.2 and 46.2, as follows: "article 74.1. Convicted of criminal conviction or judgment the Prosecutor's statement on the date of entry into force of the accused gets convicted.
Article 74.2. Convicted right (1) at the time of the enforcement of the convicted has the right to release the ruling related to the legal protection of the interests of the Court, namely, the right to: 1) invite champion;
2) participate in the meetings of the Court and give evidence;
3) submitting materials that are ready to examine the question of the execution of judgments;
4) to submit complaints about the judge's decision.
(2) in considering issues related to the enforcement of this Act in the cases specified in the Defender's participation is mandatory.
(3) the Prosecutor's statement as punishment during the execution of the convicted have the right to legal protection of the interests of the public prosecutor's Office, where they are associated with the specified statement execution, but on the particular statement or the substitution of the fine release from the penalties provided for in the order — the law in court.
Article 46.2. Responsibilities the Convicted sentenced must: 1) arrive at a specific time to perform the authorized officials of the process in the specified location, where a call is made in accordance with the procedure prescribed by law;
2 do not hinder and distort) the ruling of the matter in progress;
3) follow the procedures agreed at the time of proceedings. "
13. Add to article 83 of the third paragraph the words "or without the participation of the accused".
14. Turn off the article 102.
15. Article 104: make the first paragraph by the following: "(1) the victim — the minor physical person can represent any age and legal capacity of natural persons, on the basis of a mandate that the victim presented as notarized powers. If the victim is made orally, the authorisation process guide in writing in it. This signature and the mandate of the representative of a victim, but the driver of the process confirms the parties ' signatures. Given orally at the hearing, the authority to record the minutes of the hearing. As a representative of the lawyer the right to participate in criminal proceedings confirm order. ";
replace the fifth subparagraph, second sentence, the words "public prosecution cases" by "criminal proceedings";
off the seventh part.
16. Replace the fourth subparagraph of article 108, the word "representatives" with the words "legal aid provider".
17. off to in the second subparagraph of article 131 the word "preliminary".
18.140. Article: Supplement to article 2.1 part as follows: "(21) in the second case referred to the process of transforming proxies or ask other procedural actions in the venue Manager of the existing authorities to authorise the person who provides the procedural action in your location (hereinafter referred to as the authorised person).";
turn off the third subparagraph in paragraph 3, the words "process enablers";
turn off the fifth paragraph, the words "process enablers";
turn off the fifth subparagraph second sentence;
replace the seventh paragraph, the words "authorised by the promoters of the process" with the word "authorized".
19. Make 151. the third paragraph of article as follows: "(3) and the criminal proceedings the injured property owners questioning a witness under interrogation rules, but not for this person or representative of the injured owner of property in criminal proceedings."
20. To complement the 188. the first part of the article with the following text: "the person's signature on the decision. Then the enquiries invited persons investigator shall immediately issue a removable object. "
21. Article 231: turn in the second paragraph, the words "Prosecutor or";
replace the third paragraph, the words "the public prosecutor or the investigating judge" with the words "investigating judge".
22. Article 235 be expressed as follows: "Article 235. Evidence and documents for use and storage (1) step in the course of the investigation of the case and obtained documents if there is reason to believe that the future of those criminal proceedings could be evidence of a role in the process of transforming the existing criminal records into evidence and documents list.
(2) things and documents obtained in the course of investigative actions, against signature, return it to the owner or the lawful possessor, making their mark on the evidence and documents in the list, if there is one of the following circumstances: 1) later in the process found that the relevant documents and there is no evidence of significance in criminal proceedings;
2) with the relevant things and documents made the necessary investigations and return it to the owner or the lawful possessor no harm future criminal proceedings.
(3) when making enquiries in the course of things or documents obtained by the owner or the rightful holder after the necessary investigative actions, criminal, if necessary, save the case samples or copies of documents.
(4) if the return of originals to the owner or the lawful possessor may harm future criminal proceedings or has a reasonable suspicion that they are after check-in could be used for illegal purposes, the document owner or the lawful possessor transfers a copy of the document, but the original documents adds to the file and store along with all its storage case.
(5) the national archives stored on a permanent document in original investigations are removed only over technical documents or handwriting expertise to bear, but in other cases, the file copies thereof certified to be added.
(6) If in the course of investigations cases and documents acquired has a different meaning in criminal procedure, process Guide for action with the relevant things and documents shall be decided pursuant to the requirements of this law. Things whose circulation is prohibited by law, do not return back.
(7) The evidence storage space and order, which may not give the owner or lawful possessor of which cannot be stored with the rest of the criminal, down the Cabinet.
(8) the transfer of criminal proceedings to another material process driver, exhibits evidence can be left in the possession of the first process report into evidence storage specific place. "
23. off 238.237. and article.
24.240.239. and make the article as follows: "article 239. Evidence and document storage time limits (1) the trace evidence and documents shall be kept until the judgment of the Court of Justice shall enter into force or the date until which may appeal against a decision on termination of the criminal proceedings, if one is not found in any of the 235. this law referred to in the second subparagraph of article.
(2) If the right to removed case is a subject on the agenda of civil dispute, trace evidence and documents are stored, until the entry into force of the judgment of the Court of Justice in civil matters or limitation occurs.

(3) trace evidence that long-term storage is not possible or prolonged storage is causing injury to the State, if it can not give the owner or lawful possessor, with process guide the decision: 1) distributes or destroyed;
2) destroyed, if they deemed unfit for use or distribution.
(4) exhibits evidence whose circulation prohibited by law or that is dangerous to the environment, with the driver's decision to transfer the proceedings to the relevant authorities or destroyed.
(5) the decision on the future marketing of the evidence or the destruction of the copies sent to the promoters of the process into the evidence the owner or lawful possessor, informing him of the decision on the right of appeal against the pre-trial criminal proceedings the investigating judge. To complaints referred to the decision of execution is halted. The suspension decision shall not apply to cases where the long-term storage is not possible. The decision of the judge of the investigation may not be appealed.
(6) of this article, the third and fourth part of that evidence and the destruction of marketing arrangements shall be determined by the Cabinet of Ministers. Before the emergence of the realization or destruction of evidence, if necessary, save the case samples.
240. article. Ultimate action with real evidence and documents (1) a judgment or decision on termination of the criminal proceedings indicates what to do with items of evidence and documents, namely: 1) property and return it to the owner of the document or legal possessor;
2) a suspect or accused related criminal tools confiscated, but if they do not have value — destroyed;
3) from criminal property and documents confiscated;
4) circulation prohibited transfer of the case to the relevant authorities or destroyed;
5) things that have no value, at the request of the interested parties shall issue them or destroyed;
6) things that were meant, or were used in committing the offence shall be seized, but if they do not have value — destroyed.
(2) in deciding on the return of the evidence of things the owner or lawful possessor is determined simultaneously with the evidence, if the owner or lawful possessor within two months from the date of dispatch of the notice of the relevant evidence will not be removed.
(3) if the evidence of things must be returned to its owner or legal possessor, the driver of the process no later than 14 days after the judgment or the decision on the termination of criminal proceedings enters into force shall notify the owner or the evidence into rightful possessor and the authority which provides evidence of the things.
(4) If, within two months from the date of dispatch of the notice into evidence the owner or lawful possessor is not removed by the relevant evidence, the evidence according to the judgment or decision specified shall be destroyed or disposed of.
(5) if the evidence of things must be returned to its owner or legal possessor, but doing this is not possible, pay the owner with the same species and the same quality items or pay its value on that date of reimbursement exists. This does not apply to cases where the evidence has been destroyed things or implemented in accordance with the fourth paragraph of this article.
(6) in the first and fourth in the cases set out in part evidence of the realization or destruction order is determined by the Cabinet of Ministers.
(7) If a criminal offence has been committed with a tool that belongs to another person, may be subject to confiscation of another suspect or accused or to recover money the tool. "
25. replace the second paragraph of article 297 of the word "party" with the words "the Court".
320. Article 26: turn off the fourth part of the second sentence;
Add to article 5.1 part as follows: "(51) the ruling does not include information that is a State secret. If the information is a State secret, is proof in criminal proceedings, the ruling indicates that this information is assessed. "
27. in article 339: replace the first part of the word "investigation" with the word "process";
Add to the second paragraph after the words "a copy of the decision" with the words "or the announcement of the decision".
356. Article 28 to replace the second subparagraph of paragraph 1, the words "(things related to criminal offences)" with the words "or the property relates to an offence".
29. the supplement to the fourth article 361 part as follows: "(4) If, for a period of one month from the date of the notice sent the abolition of sequestration, the person whose property was arrested and property was put in storage in accordance with this law, article 365 part, not all 2.1 it owned property, process or at the end of the proceedings — ruling in criminal proceedings enters into force-notice authorities with the judge, the Prosecutor or the investigating authority or the supervisor shall take a decision on the disposal or destruction of property. The decision is not appealable. The disposal and destruction of property order is determined by the Cabinet of Ministers. "
368. Article 30: adding to article 6.1 of the part as follows: "(61) If the completion of the criminal proceedings after the information on the procedural expenses incurred before a final ruling into force and which had not adopted a final decision, the Court of first instance, the judge shall decide the matter in the process of writing about these procedural expenses. If the procedural expenses are claimed, the decision lays down self-imposed 30-day time limit for execution. A copy of the decision is sent to the person against whom the criminal proceedings completed in person reabilitējoš not because of circumstances, and the public prosecutor. Person or the Prosecutor may appeal against the decision within 10 days from the date of receipt of the copy. Superior Court judge review the written complaint process, and his decision may not be appealed. ";
to make the seventh subparagraph by the following: "(7) in accordance with the procedure laid down in this article, procedural expenses shall also determine the recovery of the Prosecutor, if the criminal proceedings are completed, the statement shall be drawn up for punishment or criminal proceedings terminated conditionally exempting from criminal responsibility or on the basis of other accused not reabilitējoš conditions. If the public prosecutor decisions on procedural costs drive the final ruling adopted after the entry into force of the decision to send a copy to the person against whom the criminal proceedings terminated. A person of this decision within 10 days from the date of receipt of the copy, you can appeal to the higher public prosecutor's Office that the decision may not be appealed. ";
Supplement to the eighth article as follows: "(8) the procedural expenses Recovered, prosecutors in the decision determines the self-imposed deadline of 30 days for fulfillment. The Prosecutor a copy of the decision on the procedural expenses in part driven forward the execution of this decision willingly due end. "
371. Article 31: turn off in the first, second and third paragraph, the words "in the case of the public prosecutions";
turn off the fourth part;
in the fifth subparagraph, replace the words "in other cases, the judge or the Court" with the words "judge or court".
32. Make 372 article second paragraph, second sentence the following wording: "in this decision may also indicate the body or person commissioned to manage the process."
33.373. Article: turn off the fifth paragraph, the words "but private prosecution proceedings — superior court";
turn off the sixth paragraph, the words "the Court";
to make the seventh subparagraph by the following: "(7) allowing the appeal of the decision to refuse to initiate criminal proceedings, the public prosecutor can be entirely or partially cancel or amend the decision under appeal. The Prosecutor's decision rejecting the complaint, or happy may not be appealed. "
34. Make 377. paragraph 9 of article as follows: "9) occurred the victim and the suspect or the accused in a criminal court, which may be initiated only on the basis of the application of the victim."
35. off 383. in the first paragraph, the word "preliminary".
36. Replace article naming and 386. text the word "preliminary" (fold) with the word "investigation" (fold).
37.392. Article: turn off in the first paragraph, the words "or where an offence may only private accusation criminal proceedings";
replace the second paragraph, the words "process of the promoters shall decide on the termination of criminal proceedings against that person, but the investigation continues" with the words "the interrogator with the consent of the supervisory Prosecutor or Prosecutor shall decide on the termination of criminal proceedings or of part of it to that person";
Add to the second part of the sentence the following wording: "If a terminated criminal proceedings against a person in part, the pre-trial process continues."
turn off the fifth.
38. Replace 392.1 in the first paragraph, the word "allegations" by the words "the suspect or the accused's fault".
39. To complement the chapter 31 with 396.1 article as follows: "396.1 article. Clerical and mathematical calculation error correction (1) the driver of the process can be corrected in the ruling clerical or mathematical error in the calculation. Typos or mathematical calculation errors corrected, the decision communicated to those involved in proceedings to which it relates.

(2) the decision on the clerical or mathematical error in the calculation of the correction process involved within 10 days of receipt of the copy, it can appeal to the Central Prosecutor, if the decision is accepted by the coroner, or post a higher prosecutor, if the decision is accepted by the Prosecutor. Prosecutors in the Central and highest of the Prosecutor's Office decision, a complaint may not be appealed. "
40. To make the third paragraph of article 398.1 as follows: "(3) If, during the investigation, obtained additional evidence or changed circumstances of the crime, on the basis of which it is necessary to amend decision process guide takes a new decision on the recognition of the person concerned on the suspect and its copy shall be issued by the suspect."
41. in article 401: Add to the second part of paragraph 5 with the following: "5) procedural expenses.";
to supplement the article with the fourth paragraph as follows: "(4) the first paragraph of this article 1, 2, and 4. the decisions referred to in paragraph 1 may not be appealed."
42. in article 402: turn off the title, the words "public charge";
replace the article's text, the words "public prosecution process person" with the word "Person".
43. Make 408. the first paragraph by the following: "(1) If the public prosecutor after the decision on the prosecution of the person criminally accused of issuing Foundation this decision arises to supplement or he has obtained additional evidence or changed circumstances of the crime and as a result it is necessary to amend decision, Prosecutor writes a new decision on the prosecution of the person concerned and shall issue a copy of the criminal defendant."
44. Make 412 eighth article as follows: "(8) If the accused to the Court to be acquainted with materials of criminal proceedings or by receiving a copy, and then, if the accused waives the right to acquaint themselves with the Criminal Court the materials or get copies of them, the Prosecutor on the record."
45. To complement the 413. the first paragraph of article 12 of the following paragraph: "12") procedural expenses. "
46.426. in the second subparagraph of article: turn off the first sentence, the words "in General";
Replace in the second sentence, the words "overall order" by the words "taking a different types of pre-trial criminal proceedings".
47. in article 429: make the second paragraph as follows: "(2) within 10 days from the date of the initiation of the process of transforming things a cover letter submit materials of the Prosecutor and shall mark on the record of the criminal proceedings. ';
turn off third.
48.430 in the first subparagraph of article: turn off the first sentence, the words "in General";
Replace in the second sentence, the words "overall order" by the words "taking a different types of pre-trial criminal proceedings".
49. off 442 in the second paragraph of article numbers and the words "in" and "article 253.1 348.349" in article and.
50. off 456. in the first paragraph, "public prosecutor".
51. Make 461. the first paragraph by the following: "(1) If criminal proceedings in the course of proceedings the Prosecutor acknowledges that brought in the indictment is issued and amenable to easier or harder or accusation immutable due to the factual circumstances of the crime, does not change the qualifications for this offence, he shall be obliged to amend the indictment, motivating them."
52. Make 462. the second subparagraph by the following: "(2) if the Prosecutor amends charges to easier due to the actual crime of changes in circumstances or on heavier, if not change the circumstances of the offence, or because of the factual circumstances of the crime, if not change the qualifications of this offence, the new charges can record the minutes of the hearing. After the trial, the accused or his counsel's request, the new indictment the Prosecutor shall be made in writing. If you need time to amend the indictment at the request of the Prosecutor, the Court declares the hearing breaks. Declare the adjournment of the Court even if the defense needs time to prepare the new accusations. "
53. the following article expressing 464: "464. article. Criminal trials without the accused's participation in criminal proceedings for the criminal offence, the Court can try without the participation of the accused, if the accused repeatedly without justification, fails to appear at the hearing, or has submitted to the Court a request for a criminal trial without his participation. The Criminal Court can adjudicate, if participating in the hearing protector. "
54. To complement the 474. the third paragraph of article with the sentence as follows: "the decision may not be appealed."
55. Article 476. Turn in the fourth paragraph, the words "or of the investigation authority".
56.478 in the second part of the article: replace the words "the Court of Justice of the European Communities ' with the words ' Court of Justice of the European Union";
to turn off the word "(community)";
replace the words "the Court of Justice of the European communities" with the words "the Court of Justice of the European Union".
57. To supplement the 480. the third paragraph of article after the word "find" with the words "or, after receiving information about the accused being in a foreign country".
58.481. Article: Add to the introductory part of the first subparagraph after the word "the" with the words "criminal proceedings or a part of it";
to supplement the article with the fourth and fifth by the following: "(4) If criminal proceedings are terminated, but the criminal is the file of facts, due to which the person would be subject to disciplinary means or influencing administrative penalty, the Court shall send the required materials to the competent institution or official.
(5) If a court terminates the criminal proceedings, or part thereof against the person finds that a criminal offence has been committed and the need to clarify the offence committed, the criminal part of this Criminal Prosecutor's Office forwarded. "
59.491. Article 3: turn off;
to complement the article, paragraph 9 by the following: "9) on the technical use of hearing."
60. To complement the 506. the first part of the article with the sentence the following wording: "the Prosecutor also expressed views on the matter to the judicial discussion of other issues."
61. Replace 514. the first paragraph of article 6, paragraph 12, the words "funds" with the words "get treasure".
62. Replace 526. the first paragraph of article 6, paragraph 5, the words "the pre-trial investigation" with the word "Prosecutor".
63. Replace 528. the first paragraph of article 6, paragraph 11, the words "acquired" by the words "get treasure".
64. Make 529. Article 2 in the following wording: "2) procedural expenses, setting a deadline for voluntary execution of the judgment, 30 days from the date of its entry into force;".
65.532. Article: Supplement to the second part of the article as follows: "(2) if the Court released from custody the person who is the foreigner who does not have the right to stay in Latvia, the Court shall immediately notify the competent authority, which shall have the right to detain foreigners.";
believe the current text of article about the first part.
66. off 554. the third paragraph of article.
67. Replace 558. in the second subparagraph of article numbers and the words "in article 550 and 551" with a number and the word "52.".
68. the express article 559 fourth and fifth by the following: "(4) the case can try writing process if: 1) appeal or protest is requested only for the relaxation of the fine imposed and if the public prosecutor or the person in whose interests and rights complaint or protest, objection to the touch;
2 the appeal or protest) contains the conditions to which the ruling of the Court of first instance in any event to be cancelled, and if the public prosecutor or the person in whose interests and rights complaint or protest, objection to the touch;
3) appeal or protest is requested only for the relaxation of the fine imposed and the case before the Court of first instance considered the evidence and without the penalty imposed is not related with deprivation of liberty for more than five years;
4 the appeal or protest) contains the conditions to which the ruling of the Court of first instance, in any event, be repealed and the case before the Court of first instance considered the evidence and without the penalty imposed is not related with deprivation of liberty for more than five years.
(5) the decision on accepting a case for hearing in the writing process: 1 the composition of the Court) in which the case will be heard;
2) defender and Prosecutor, a person whose interests the appeal or protest offensive 10 days to sign up for the rejection of the Court or judge, to file separate objections to the trial process, to submit a written opinion on the appeal or protest;
3) ruling accessibility day. "
69. off 560. in the first paragraph, the words "(except private accusation)".
70. Article: 561.1 replace the second paragraph, the word "Rapporteur" with the words "judge, who asked referē";
replace the third paragraph, the word "accept" with the words "may adopt".
71.562. Article: turn in the second paragraph, the words "in the case of private prosecution, or the victim in his public accusations in the complaint case";
turn off the fourth paragraph, the words "in the case of private prosecution, or the victim's complaint to the public prosecutor in the case".
72. off 565. Article of part three of the introductory part, the words "in the case of private prosecution, or the victim's complaint to the public prosecutor in the case".
73. in article 578:

Add to the first paragraph, after the word "touch" with the words "as well as inform the accused on remand about his right to ask for him will be able to participate in the proceedings";
to complement the second paragraph after the word "clarification" with the words "as well as a written request to provide them the opportunity to participate in the hearing of the case".
74. To supplement the article with the seventh 605 part as follows: "(7) where the person against whom the proceedings are medical coercive measures for the detection of nature have not participated in the hearing, the court sends that person a copy of the decision of the Court."
75. Replace article 607. in the fourth paragraph, the words "Court, which acted on medical coercive measure, or first" with the word "first".
76. Replace 608. in the first paragraph, the words "Court, which decided on its discovery, or" by the words "Court of first instance, which controls the execution of the decision, or the Court of first instance".
turn off 77.58. chapter.
78. Replace 626. in paragraph 1 of article names "(with crime-related) origin" with the words "origin or affiliation with a criminal offence".
79. To supplement the article with 629 fourth subparagraph by the following: "(4) at the hearing the court proceedings involved have the same rights to take rejection or requests, submit evidence, participate in the examination of evidence, submit to the Court written explanations, as well as to participate in the consideration of other issues arising in the course of the trial."
80.630. Article: adding to the first part of paragraph 1, the words "or the origin of the goods is a criminal";
to complement the second paragraph after the word "proven" by the words "or the origin of the goods is not a criminal."
81.634. Article: Add to the fourth paragraph, after the word "judgment" with the words "and decisions";
Add to article 4.1 part as follows: "(41) Court injunction on procedural costs drive sends a fulfillment of the end of the judgment and the decision voluntary deadline.";
to make the seventh subparagraph by the following: "(7) where the convict hiding and not known his whereabouts, they judge that control judgment or decision, or the complete performance of the Court which decides on punishment to arrest or deprivation of liberty, shall take a decision on the convicted. This decision may not be appealed. "
82. Replace article 636 in the second paragraph, the words "sent the Prosecutor's statement on" with the words "seven days after the Prosecutor's statement on the entry into force of the send it".
83. off 639. article.
84. Replace 641. in the second subparagraph the word "judge" with the words "district (City) Court judge sentenced residence".
85. Replace 643 in the fifth subparagraph of article the word "judge" with the words "district (City) Court judge sentenced residence".
86. Supplement 651. the first part of the article after the word "issues" with the words "as soon as possible".
87. Replace 652. in the first paragraph, the word "judge" with the words "district (City) Court judge sentenced residence".
88.655. Replace the second paragraph of article 3, the words "the case had ended" with the words "criminal proceedings had been terminated".
89. Make 659. Article (1) of the following: 1 ") on the case, in which the ruling adopted by the Court of first instance or the Court of appeal, the Supreme Court Senate;".
90. To make 660. article as follows: "article 660. The order in which the court hearing the case due to newly discovered circumstances (1) received the opinion of the public prosecutor together with the criminal and investigative material, the rapporteur shall determine the time and the trial site. It will be notified to the persons whose rights or legal interests of the Prosecutor's opinion touched, explaining its right to participate in the hearing. Convicted, located at the place of deprivation of liberty, are sent a copy of the opinion of the Prosecutor, informing him of the right to request that he will be able to participate in the hearing.
(2) the Prosecutor's participation in the hearing is mandatory.
(3) the persons whose rights or legitimate interests in the opinion of the public prosecutor does not touch the arrival on the Court of session is not an obstacle to consideration.
(4) the hearing shall take place in the order laid down by the Court of cassation instance for consideration at the hearing, the hearing process, except for the purposes of this part: 1) set out in the rapporteur report shall outline the circumstances of the case relating to the Prosecutor's opinion;
2 the rapporteur report) after the Prosecutor based opinion.
(5) the Court shall adopt one of the following decisions: 1) cancels the Court ruling, in whole or in part of a repealed to the extent of criminal procedure and restore the case to the Prosecutor's Office;
2) abolish the Court ruling, in whole or in part of a repealed to the extent of criminal procedure and restore the case to a new trial, the Court in question;
3) rejected the Prosecutor's opinion;
4 terminate proceedings. ")
91.661. in the first paragraph: replace the word "investigation" with the word "process";
replace the word "trial" with the word "review".
92. To replace the second paragraph of article 79, the word "and" with the word "or".
93. Replace the second paragraph of article 225, the word "and" with the word "or".
94. Article 670: Supplement to the second part of the article as follows: "(2) prior to the initiation of the application submitted to the Court, or a copy of the protest sent to the persons whose rights or legal interests are violated with the submitted application or protest.";
believe the current text of article about the first part.
95. Replace article 691 in the first paragraph, the words "Court" with the word "Prosecutor".
96.692. Article: make the first paragraph by the following: "(1) If this Act are found 682 conditions referred to in article, process or promoters that control by the Court judgment or decision, or the complete performance of the Court which decides on punishment to arrest or deprivation of liberty, the General Prosecutor's Office in writing addressed the suggestion to the custody decision.";
replace the third paragraph, the word "Court" with the word "Prosecutor" and the words "process enablers" — with the words "suggestion" of applicants;
turn off the fourth, fifth and 5.1;
express the sixth part as follows: "(6) if there were grounds for arrest for the decision, the Prosecutor General's Office shall adopt the European decision of detention, which may not be appealed."
97. Article: 785.1 Express 2.1 the second sentence of the subparagraph as follows: "the confiscation of property If the resulting cash is greater than 10 000 euro in lats equivalent (conversion according to the Bank of Latvia exchange rate that was in effect a decision on the date of confiscation of property), the Ministry of Justice, in consultation with the foreign country, decides to transfer the foreign country not more than half of the funds or foreign amount specified in the request.";
Add to article 2.2 part as follows: "(22) the Ministry of Justice, in consultation with the foreign, may decide on the distribution of funds, other than those referred to in part 2.1 of this article and which is not prejudicial to the financial interests of Latvia. Consultations take into account the second paragraph of this article. ";
Supplement fifth after the word "transfer" with the words "as well as money or property distribution criteria".
98. Article: 801.16 Express second subparagraph by the following: "(2) If confiscation of property acquired as a result of funds is not greater than 10 000 euro in lats equivalent (conversion according to the Bank of Latvia exchange rate that was in effect a decision on the date of confiscation of property), the Ministry of Justice shall take a decision on the refusal to transfer funds to the Member State of the European Union. If the confiscation of property of the resulting cash is greater than 10 000 euro the equivalent in dollars, the Ministry of Justice decides to transfer to the relevant Member State of the European Union, half of the money. "
make the first sentence of the third paragraph the following wording: "the Ministry of Justice, in consultation with the Member States of the European Union, may decide on the distribution of funds, which are not mentioned in the second paragraph of this article and not prejudicial to the financial interests of Latvia."
Add to sixth after the word "transfer" with the words "as well as money or property distribution criteria".
99. To supplement the transitional rules to the 27, 28, 29, 30 and 31 the following: 27. Proceedings in current cases of private prosecution of criminal offences, which qualified after criminal law article 130, second subparagraph and article 157.158. in connection with the defamation of the media, criminal proceedings are completed in private arbitration proceedings of criminal indictment, which was set up to 31 December 2010.
28. Judge private accusation criminal proceedings submitted to the complaints for which the 2010 December 31, no decision is taken, without resorting to the investigation authority. Superior Court judge received, but by 2010 31 December pending complaint about the judge's decision to refuse to initiate a private prosecution, the criminal procedure law in this complaint handling policy.

29. To this law, the seventh subparagraph of article 235, sixth subparagraph of article 239, 240 in the sixth paragraph of article and article 366, part of the fourth Cabinet of Ministers regulations for entry into force, but not longer than until 1 September 2011 is in effect a Cabinet of 27 September 2005 Regulation No 726 of the "provisions on the treatment of items of evidence and arrested the", to the extent they do not conflict with this Act.
30. in The case of criminal offences, which qualified after criminal law, 348 and 349 253.1. Article, which passed under the jurisdiction of the District Court for review laid down by 2010 in December 31, pending in the same court in which they are submitted.
31. Proposal for a European detention decision, which were submitted to the Court by the end of 2010 December 31, and the custody decision in acceptable order that was in effect until that date. "
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