The Amendments To The Law On Operational Activities

Original Language Title: Grozījumi Operatīvās darbības likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/57.6


The Saeima has adopted and the President promulgated the following laws: the law on operational activities to make operational activities (law of the Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1994, nr. 1; 1995, no. 18; 1997, no. 15; 2002, no. 16; 2005, 14, 22 no, no. 22; 2007; 2009, no. 9; Latvian journal, 2009, no. 205; 2012, 46. No.) the amendments are as follows: 1. Article 2 of the first paragraph: make paragraph 4 by the following: "4) crime for belongings, as well as other such things (including financial resources) to search that may be subject to arrest in connection with a criminal offence;" Express 6, 7 and 8 of the following: "6) national independence, the constitutional machinery, territorial integrity, economic sovereignty, military capability, as well as other national or public security detection and prevention; 7) State secrets protection; 8) collection of information on certain persons, if the State where the question of the person approach to State secrets, the North Atlantic Treaty Organisation, European Union or foreign institutions classified information or a question about the rights of individuals to such occupation or position, for which the law provides public security authorities or the public order and security bodies of opinion; " supplemented with paragraph 9 by the following: "9) in the cases specified by law, special protection of persons." 2. in article 3: Add to the first paragraph, the words "as well as the fundamental rights of the person"; turn off third. 3. in article 4: replace the first paragraph, the words "general human rights" with the words "fundamental rights" of individuals; to make the third part of the second sentence as follows: "operational activities to be carried out, as possible interfering in fundamental rights of persons. '; to complement the fourth paragraph after the word "achieved" with the words "with the criminal law or other legislation the procedural means and methods or"; supplemented with the sentence of the fourth subparagraph by the following: "If the operations operation is lost need or lost, it stopped the performance based."; to make a fifth by the following: "(5) operational measures to be taken irrespective of the origin of persons, service and financial position and title, nationality, racial or ethnic origin, religion, attitudes, political views and affiliations to political parties, public organizations, associations or other circumstances. These factors should not affect the operational activity, if it is not expressly specified by law. "; to supplement the article with the seventh subparagraph by the following: "(7) prohibited by operational measures targeted to get the information at the time you give the Attorney, doctors, psychologists and clergy of registered religious organizations of professional help, except to those persons in accordance with the procedure laid down in this Act is made operational development." 4. Replace article 5, the words "or it may recourse to court" with the words "as well as it can apply to the Court". 5. in article 6, first paragraph: make the introductory paragraph as follows: "operational content of operational measures and methods of implementation. Operational measures are: "; Add to part with 8.1 points as follows: ' 81) operational monitoring of transactions in credit or financial institutions customer account; ". 6. in article 7: replace the second paragraph, the words "constitutional rights" with the words "fundamental rights"; to make the third and fourth subparagraph by the following: "(3) the operational measures which are essential for the fundamental rights of the person, to the way paramount — that is, with the President of the Supreme Court or they specifically authorized the acceptance of a judge of the Supreme Court or, if provided for by law, by the Prosecutor's acceptance. (4) operating a correspondence control, operational concerns of the person or information stored content from technical means, not in the public conversation operational secret tapping (also by phone, by electronic and other means of communication), RAM is not publicly available video surveillance, operational monitoring of transactions in credit or financial institutions customer account, operational access and long lasting operational surveillance (tracking) only to be paramount in the manner and with the President of the Supreme Court or the Supreme Court expressly authorized to judge acceptance. Permission to make these operational measures can be issued for a period of up to three months, but reasonable in case of need it can be extended for up to three months. The extension of the said permit, there is no limit on the number of times, but the operational measures only at that time until the operational development. "; turn off the fifth part of the third and fourth sentence; turn off the sixth paragraph, the words "operational measures in particular way against detainees, suspects, defendants, who accused notiesātaj persons and operational entities or penitenciār institutional spaces, as well as"; off the seventh part. 7. in article 8: replace the first paragraph, the words "operational measures" with the words "operational measures"; replace the second paragraph, the word "article" with the word "article". 8. in article 9: to make the first part as follows: "(1) is indispensable to the core operational activities of officials of bodies or veiled in the course of the operation, using operational survey operational reference, operational data from electronic communications operators, operational clearance and operational news from credit institutions or financial institutions, you get information about the facts, people, and things." express the fifth and sixth the following: "(5) operational data from electronic communications operators — that is, the data that the maintenance of the electronic communications operator to a specified Act (data store) — out with the operational entity manager (superior), or his authorized officer's acceptance by requesting data from electronic communications operators. If the data to be retained for identifying persons at a specific operational process generally required for a period exceeding 30 days, core operator request requires the district (City) Court President judge expressly authorized to accept. (6) acquisition of operational news from credit institutions or financial institutions – that is, credit institutions or financial institutions held an undisclosed message or document containing such information, to request from credit institutions or financial institutions, carried out by the President of the Supreme Court or they specifically authorized the Supreme Court judge's acceptance. " 9. Express article 10 by the following: ' article 10. Operational monitoring (tracking) (1) operational entity officials entitled to carry out the surveillance of the persons (tracking), various stationary and mobile object monitoring and observation of persons associated with them (a trace). (2) if the core operators have reasonable information about persons or made commit a criminal offence or they would create national or public safety hazards, this person is allowed prolonged operational surveillance (tracking). (3) also allowed a person enduring operational surveillance (tracking) that is associated with the person referred to in the second subparagraph or the first paragraph of this article, search the person for property crime and other property (including financial resources) that may be subject to arrest in connection with a criminal offence if there is reason to believe that a person's long-term operational surveillance (tracking) will allow to clarify the circumstances of the crime or the person Search the location of the person, to prevent or disclose State or public security, or help you identify or find the property referred to in this article. (4) for operational monitoring (tracking) is considered personal surveillance (tracking) that a specific operational actions in the secret process takes more than 30 days. Prolonged operational surveillance (tracking) is permissible only in cases of operational development. " 10. in article 15: replace the first paragraph, the word "action" with the word "activity"; make the third paragraph as follows: "(3) the operational experiment, which aims to record, or any other illegal criminal actions in provoking the situation in persons, for which the operational development is carried out, shall be made on the basis of the operational entity officials accepted a decision by the Prosecutor." 11. Replace the fifth subparagraph of article 15.1, the words "other overriding way" with the words "in particular". 12. Article 16 be expressed by the following: ' article 16. Operational (1) operational detective detective is the operational measures which the public places directly (personal) carried out operational activities subject to official monitoring and tracking of criminal activity found with related facts, things and people, prevent or detect criminal offences, the State or public safety hazards, as well as the search for suspects, indictees, convicted and missing persons. (2) operational Detective to be carried out openly and hiding the affiliation to the operational activities of the entity and its operational activities over the subject's Manager or his Deputy permission you can establish communication with operational interest. (3) operational entity officials operating development challenges are entitled to carry out operational detective, engaging in violent environments (and leģendēt), making contacts with the operational records of persons and related persons. Such activity and identity is the country's official secrets. (4) the operational, engaging detective criminal environment, carried out on the basis of the operational entity officials accepted a decision by the Prosecutor. " 13. To supplement the law with article 16.1 the following: ' article 16.1. Operational monitoring of transactions in credit or financial institutions customer account (1) if the core operators have reasonable information about persons or made commit a criminal offence or they would create national or public safety risk, the following people are authorised transactions require the supervision of credit institutions or financial institutions customer account. (2) a person is permitted transactions require the supervision of credit institutions or financial institutions customer account that is associated with the first paragraph of this article, search the person for property crime and other property (including financial resources) that may be subject to arrest in connection with a criminal offence if there is reason to believe that the monitoring of transactions in credit or financial institutions customer account will allow to clarify the circumstances of the crime or the person Search the location of the person, to prevent or disclose State or public security, or help you identify or find the property referred to in this article. " 14. Express article 17 as follows: "article 17. Operational control, operational correspondence person expressed or information stored content from technical means, operational conversation eavesdropping and operational not publicly available video surveillance (1) if the core operators have reasonable information about persons or crime made or its cause of national or public security or crime, the suspect, the accused or convicted person is searched is allowed: 1) operational control — this is a correspondence , and send this person receivable postal, telegraphic and other forms of correspondence (mailing), as well as the following correspondence (mailing) to send and receive, provided these persons held by telecommunications and other system control without the sender and recipients of messages; 2) operational personal concerns or information stored content from technical means — that is, the person's express or remove the content of information stored or copy from personal property or held in electronic and other forms of information storage devices and channels without this and other types of electronic information storage devices and information channel or data owner, possessor or holder; 3) operational conversation listening — that is, to call hearings that take place between this person and other people (including by phone, by electronic and other means of communication); 4) is not publicly available in the operational space video surveillance that is, publicly accessible location not going ahead without the site owner of video surveillance, the possessor, and visitor information. (2) Is also allowed a person operating a correspondence control, operational concerns of the person or information stored content from a technical or operational conversation hearing that the first part of this article, the persons referred to in providing any assistance in the preparation of the crime committed or the crime or concealment of the feet helps to hide the crime, the suspect, the accused or the search for the notiesātāj person if there is reason to believe that the operational measures will allow to clarify the circumstances of the crime or the person to find out the search of the person, location, or reveal national or public security or help you identify or find a criminal get things. " 15. Article 18: replace the first paragraph, the words "operational measures" with the words "operational measures"; make the second paragraph as follows: "(2) the operational process can begin before the initiation of criminal proceedings, it can be norisē during criminal proceedings and to continue after its completion." 16. Replace article 20 second paragraph, first sentence, the words "these measures" with the words "these measures". 17. Article 21: replace the second, third and fourth paragraph, the words "authorities" with the word "subject"; turn off the fifth. 18. in article 22: replace the first paragraph, the words "national important interests" with the words "national or public safety risk"; replace the second paragraph, the word "authorities" with the word "subject"; in the fifth subparagraph, replace the words "authorities" with the word "subject". 19. Article 23: replace the first paragraph, the words "operational authorities are entitled to collect" with the words "operational entities are entitled to collect the" and the words "official legal" — with the words "public domain"; Add to fourth with 1.1 as follows: ' 11) further this law article 2 tasks referred to in article 1 and the objectives defined is not possible or is not commensurate with the hazards or dangers; "; to make a fifth by the following: "(5) in the case of operational records are stored at the termination of the law and the operational activities of the entity. Operational accounting after the termination of the case for 10 years, but things related to the special protection of persons — 75 years. Destroying the core accounting Affairs, operational entity saves documents (materials) containing the information needed and which has a role in operational activities and in the performance of tasks of the criminal proceedings. " 20. To supplement the law with 23.1 and 23.2 of the article as follows: "article 23.1. Judges and prosecutors shall receive operational activities (1) the measure to implement the special manner of operational measures to be taken, the operational activities of the official bodies shall take a decision, indicating: 1) the official name and job title, who took the decision; 2) its operational process where necessary to carry out the operational measures, case number and the authority conducting proceedings in the present case; 3) steps and exercise period or duration; 4) core activities necessary for carrying out the activities; 5 expected results); 6) reason that prevents the expected results be achieved in another way or it significantly complicates the achievement. (2) of this article, the information referred to in the first subparagraph shall also indicate this law article 15, third paragraph 15.1 in the fourth paragraph of article and article 16 of the fourth part of operational activities in the subject's official decision. (3) the decision on the operational performance measures at the same time can contain information on several particular manner or to article 15 of this law, in the third subparagraph, in the fourth paragraph of article 15.1 and 16 in the fourth paragraph of article mentioned operational measures, if the measures are interrelated and all these operational measures accepts (Agreement) the judge or the Prosecutor. (4) the decision on the operational activities of the measure operational entity officials direct supervisor (boss) or his Deputy. (5) in order to decide whether a given operational event is accepted, the judge or the Prosecutor will examine the decision on operational activities, as well as carrying out measures with the operational entity to documents, materials and information which are based on specific operational measure of need. (6) a judge or a public prosecutor when deciding on operational activities, assess its acceptance of the rationale as well as the carrying out of this Act referred to in article 4 operational principles. On a core penetration into acceptance, the judge also assess its operational justification of the measure that is carried out for the implementation of operational penetration. (7) a judge, deciding the operational acceptance of the measure taken in emergency cases, in accordance with article 7 of this law, the fifth part, in addition to the sixth part of this article that evaluates the operational launch of emergency measures. If the judge in that case said operational measure of undue or unlawful, the operational entity the information destroyed immediately. (8) accepting operational measures, the period allowed for performance or duration. (9) the decision on the operational measure, the judge's or Prosecutor's acceptance or refusal of this operation, accept it in writing form, subject to this law, the law "on State the mystery of "the freedom of information act and other information protection laws and regulatory requirements. 23.2 article. The judge and Prosecutor accepted operational measure (1) a review of the operational activities of the official bodies within 10 working days after the operational measures, which accepted a judge or a public prosecutor, or after the expiry of the time limits specified in the acceptance, or after logging out to perform operational activities prepare operational measure report, indicating: 1) or operational activities are carried out; 2) operational measures the actual period or duration of the conduct; 3) or operational activities took place during the departure from accepted how it was and what was the reasons for such withdrawal; 4) results. (2) the operational review of the measure approved by the operational entity officials direct supervisor (boss) or his Deputy. That report to add the appropriate operational process materials. (3) if the operational entity officials direct supervisor (boss) or his Deputy finds that there has been a departure from the accepted, the operational entity shall inform the Attorney-General, which designate the Prosecutor to inspect. (4) the Prosecutor, during examination, evaluate whether deviations from the accepted, essential for the fundamental rights of the person attacked, and operations officer of the entity the action well founded. If the Prosecutor acknowledges that the resignation has been accepted and its unjustified significantly hurt a person's fundamental rights, he instructs the operational entity officials to immediately destroy all information obtained in breach of the agreement, and shall inform the President of the Supreme Court, if the case is accepted the judge's resignation. " 21. Article 24: make the fourth and fifth by the following: "(4) If in criminal proceedings as evidence of the use of operational information the operational measures or such information is used in preparing and carrying out the investigations in criminal proceedings, after the criminal proceedings request with this operational process information that relates to the subject of proof or examination preparation and conduct of the operation, the driver must be present during the proceedings. (5) in Particular, in the form of operational measures to be taken in the course of the information about the person's other operational process objective may transfer to the extent necessary to achieve the objective in question, if they point to the possibility that the person in question has committed or plans to commit another criminal offence or has caused or is going to cause a national or public safety threat. "; to supplement the article with sixth and seventh paragraph as follows: "(6) If a particular way to the operational measures the information obtained in the course of the person is transferred to the other operational activities to meet the objective of the process, the operational process, which was implemented in a way that the particular operational activities, accompanied by the following information: 1) operational entities that information; 2) information grounds; 3) information date and amount. (7) If, through operational measures have yielded information that disclosed to get Attorney, doctors, psychologists and clergy professional assistance, such information shall be destroyed immediately. If the information indicates that person committed or prepared in a criminal offence or risk State or public security, the maintenance of this information is permitted only with the Attorney General or a specially authorised prosecutor of his acceptance. " 22. To complement the chapter 3 with 24.1 and 24.2 of the article as follows: "article 24.1. The provision of information on operational activities (1) completed the operational process, the operational entity for the way particular operational measures taken and the time it shall inform the person against whom the measure was carried out. (2) the first paragraph of this article shall inform the person not on operational activities, if it can: 1) cause damage to another person's legitimate rights and interests; 2) disclose secret operations Assistant or the identity of the person or the secret cooperation, which provided assistance to confidential operational entity officials; 3) discover the core operation of the created segorganizācij and other stealth features; 4) discover the operational organisation of the measures, procedures and tactics; 5) harm national security interests; 6) impair operational tasks; 7) criminal damage. (3) if it is determined the conditions referred to in the second subparagraph, operations officer for the merged entity shall prepare a reasoned inquiry approved by the operational entity (the boss) or his authorized officer. (4) the first paragraph of this article shall inform the parties of the operational activities of the measure as soon as this article ceases to exist the conditions referred to in the second subparagraph, unless the core accounting case is not destroyed. 24.2 article. Of information and use of operational records disposal (1) in the cases provided for in this law, destroying the operational information obtained in the course of the event, writing information destruction Act and adds it to the appropriate operational process the file. (2) the end of the article 23 of this law in the fifth part of the operational accounting storage, operational case records case destroyed and written statement, indicating the case number, name, case initiation, termination and the date of destruction, as well as documents (materials) saved in operational activities and tasks of the criminal proceedings. A month before the core accounting things destruction shall inform the Attorney General or his authorized prosecutors in particular. (3) destruction of restricted access information or State secret object, follow the appropriate procedure for the destruction of information. " 23. Article 27: replace in paragraph 1, the words "in the field of human rights" with the words "fundamental rights" of individuals; Express points 3 and 4 by the following: "3) in the cases specified by law and in order to inform the public and regulatory authorities on the external or internal open independence, constitutional machinery, territorial integrity, economic sovereignty, military capability, as well as other national or public safety threats, in accordance with the procedure prescribed by law, to take measures to prevent these risks or neutralization; 4) to ensure the protection of State secrets. " 24. Replace article 28, first paragraph, point 5, the words "membership and employee identity" with the words "membership and staff, as well as operational identity of the persons involved". 25. Article 29 off third. 26. Turn off in the second paragraph of article 32, the word "institutions". 27. Replace article 33, second paragraph, the word "authorities" with the word "subject". 28. Article 34: replace the second paragraph, the words "operational activities of Heads of" with the words "operational entity manager"; in the fourth paragraph, replace the words "procedures for monitoring operational authorities determine the heads of these institutions" with the words "operational entity internal control procedure determines that the heads of the bodies". 29. Article 35: make the first part of the second and third sentence as follows: "monitoring, they are entitled to consult the operational entity to documents, materials and information in any operational stage. The identity of the source of information disclosed to the Attorney General, but only his particular authorized prosecutors — only with the operational head of the subject. "; make the second paragraph as follows: "(2) If, during the supervision of operational compliance, finds a breach of law, the public prosecutor is obliged according to the nature of the breach of the law: 1) warning about the inadmissibility of violation of the law; 2) to make representations or submissions on the need to prevent an infringement; 3) bring a court action; 4) launch criminal proceedings; 5) raise questions about the prosecution of administrative or disciplinary responsibility. " 30. To supplement the law with 36, 37 and 38 of the article as follows: "article 36. Operational entity officials conduct inspection (1) If a person has submitted a complaint about possible operational entity officials conduct that violates its legal rights and freedoms, in particular the authorized prosecutor, whether against the person concerned within the time limit referred to in the complaint was carried out operational activities. (2) if the person concerned within the time limit referred to in the complaint was made operational activities, in particular in the authorized prosecutor, checking the operational entity officials compliance action, refer to the relevant operational process for documents, materials and information pursuant to this law, the first paragraph of article 35 conditions and find out: 1) or respected operational processes, as well as operational activities the conditions of implementation of the measures; 2) or operational entity officer operational measures taken according to the issued acceptance (consent); 3) other circumstances that test requires the examination of a complaint. (3) if the authorized prosecutor, in particular of verifying operational entity officials conduct the compliance with legislation, relevant operational process accepted (provide consent) operational measure, he shall inform the Attorney-General, who shall designate another particular authorized the Prosecutor to inspect. (4) in relation to the complaint about the operational entity officials conduct compliance to the law to be carried out within two months. If objective reasons it is not possible to complete the test within two months, the Attorney General of the acceptance can be extended for another two months, informing in writing the complainant. 37. article. Operational entity officials conduct inspections opinion (1) completed the test in connection with a complaint about the operational entity officials conduct compliance to the law, the Prosecutor shall prepare an opinion stating: 1) which found the article 36 of this law referred to in the first and second subparagraph; 2) or operational activity is illegal in a person's legal rights and freedom; 3) or detectable the operational entity officials conduct that does not comply with the requirements of the law, and how it came through. (2) when preparing the opinion, follow this law, article 8, in the third subparagraph of article 24, first paragraph, and article 31, first paragraph, the conditions and the law "on State secrets" and other information protection laws and regulatory requirements. (3) If the Prosecutor has reason to believe that by accepting such operational measures to be taken by the President of the Supreme Court or they specifically authorized the Supreme Court judge's acceptance of the requirements of the law have not been complied with, the Prosecutor shall so inform the President of the Supreme Court. 38. article. Notice concerning operational entities officials conduct inspection (1) When a prepared opinion in complaint about operational entity officials conduct compliance to the law, the Prosecutor shall inform the complainant of the completion of the verification and indicate (without providing further explanation), or the test found the legal rights of the person and freedom illegal intrusion, as well as explaining their rights to go to court. (2) the notice of operational entity verifying the official of action further explanation to be provided only if the person concerned information allowed under this law, the conditions laid down in article 24 that it was operational. " 31. the transitional provisions be supplemented by 7 and 8 points by the following: "7. the amended article 9 of this law in the fifth part of the provide for the acquisition of data to be retained with the specially authorized district (City) Court judge accepted, shall enter into force on January 1, 2020. 8. The Cabinet of Ministers by 2019. January 1, develop and submit to the Parliament a draft law on the amendments needed to the law "on judicial power", by providing for the arrangements for the district (City) Court judge authorized to decide on the acceptance of the operational data from electronic communications business operators. " The law shall enter into force on 1 august 2016. The Parliament adopted the law on 10 March 2016. The President of the Parliament instead of the President i. Mūrniec Riga 2016 March 22.