An Amendment To The Criminal Law

Original Language Title: Grozījumi Kriminālprocesa likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/204542

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) the following amendments: 1. Make the fourth part of article 41 paragraph 4 by the following: "4) propose that the officials authorised to take criminal proceedings be prosecuted for infringement of human rights, which allowed criminal proceedings as a result of the implementation of powers. "
2. Supplement article 96 with a fifth by the following: "(5) if the victim died after the initiation of the investigation, the Court of first instance or the time when the case is being heard in the Court of appeal, and the Court has applied this law, article 95, third paragraph the persons referred to in the request, the Court may admit the person as a victim. The decision of the Court be recorded in, and it may not be appealed. In this case, the trial does not begin from scratch, but upon the application of the victim has the right to get acquainted with the materials of the criminal case and the hearing Protocol. "
3. Express 121. fifth paragraph of article as follows: "(5) the pre-trial process to request from credit institutions or financial institutions held in confidential messages or documents containing such messages may be only with investigating judge's decision. The pre-trial process to monitor the transactions of credit institutions or financial institutions customer accounts for a limited time only with a judge's permission for the investigation. Monitor business credit or financial institutions customer account can be for up to three months, but, if necessary, the time limit for a period up to three months may be extended by the investigating judge. "
4. Make the second subparagraph of article 182 of the first sentence the following wording: "taking search, investigation operations analyst, issue the person to which the search takes place, a copy of the decision on the shake."
5. Make 188. the first paragraph by the following: "(1) the launching of inquiry, investigator, issue the person to which the withdrawal is made, a copy of the decision on withdrawal."
6. Make 190. the first paragraph by the following: "(1) the driver of the process, without making this law provided for in article 186, is entitled to request in writing from the natural or legal persons for criminal proceedings meaningful objects, documents and particulars of the facts, including electronic information, or document that processed, stored or transmitted through the electronic information systems."
7. Express article 191, first paragraph as follows: "(1) the driver of the process with his decision, you can ask the electronic information system owner, possessor or holder (that is, a natural or legal person who, by electronic information systems, processed, stored or transmitted data, including electronic communications operator) immediately provide it, the specific needs of the investigation the necessary data (which is not determined by the conservation law) the maintenance of integrity in unaltered state and are not available to other users of the information system."
8. Article 192 of the expression as follows: "article 192. Electronic information system and saved data (1) an investigator with the Prosecutor's pre-trial in criminal proceedings or with the consent of the data subject and the public prosecutor with the higher public prosecutor's Office or with the consent of the data subject may request that the electronic communications operator discovered and issued the electronic communication process in accordance with the procedure prescribed by law.
(2) criminal proceedings in the pre-trial Process, on the basis of the decision of the judge or of the investigation with the consent of the data subject may request, in writing, to the electronic information system of the owner, possessor or holder discovered and issued this law in accordance with the procedure laid down in article 191 of the saved data.
(3) Those of the criminal, the judge or court may require the electronic communications operator found and issue the electronic communications law in process data or electronic information system owner, possessor or holder discovered and issued this law in accordance with the procedure laid down in article 191 of the saved data. "
9. in article 249 in the third paragraph: replace the word "decision" with the word "Decision" and the word "notify" — with the word "delivered";
Add to subparagraph after the word "cancellation" with the word "copy".
10. Express article 274 seventh subparagraph by the following: "(7) after the investigation judge at the service of the decision of the Court the Parties shall immediately issue a full copy of the decision or the decision of the introductory part and the operative part and copy of 24 hours — a full copy of the decision."
11. Add to 330. the second paragraph of article with the sentence the following wording: "a summons may also be sent to the persons specified electronic mail address."
333. Article 12: Add to the third paragraph after the word "order" with the words "mail";
to supplement the article with the fourth paragraph as follows: "(4) If a subpoena delivered to the invited person in article 330 of this law established by electronic mail, it is considered that the invited person is notified of the progress of the time and place of the second working day after sending the summons."
342. Article 13 of the sixth paragraph: replace the word "Court" with the words "higher court";
Add to part with the sentence as follows: "the decision may not be appealed."
14. Replace article 358 in the second paragraph, the words "or" hidden "with the words" concealed or disguised. "
15. To supplement the article with 1.1 361 part as follows: "(11) the seizure of property may be imposed, including financial resources, for the value of property crime, as well as criminal property obtained in consequence of the use of fruits."
16. To supplement the article with 365 2.1 part as follows: "(21) property to which the lien is imposed, but it is not possible to leave this article in storage laid down in the first subparagraph, the persons with the promoters decision process shall be deposited in the Cabinet established authorities. The Cabinet of Ministers determines the storage order of the property. Things that are lasting storage is not possible or prolonged storage is causing injury to the State, with the driver decision process for disposal or destruction shall pass the Cabinet. "
17. off 412. Article 4, third paragraph, the words "requests the things the Court or collegiate".
18. Supplement article 506 fifth paragraph with the words "as well as on the amount of compensation, if it does not affect the legal qualification of the offence".
19.559. Article: turn in the third paragraph, the words "and the Court of first instance";
replace the fifth subparagraph in paragraph 2, the word "seven" with the number "10".
20. Make 560. the third part as follows: "(3) if the person who submitted the appeal complaint or protest, appear at the hearing without justification, they leave without complaint or protest. If the accused fails to appear at the hearing without justification, without leave of the proceedings also the appeal submitted by his counsel. If the Defender does not appear before the Court without a valid reason, in his complaint, if it keeps the accused. A decision on the complaint or the protest leaving without examination 10 days may be appealed to the Supreme Court, the Senate, where the decision may not be appealed. "
21. Replace paragraph 2 of article 110, the word "and" with the word "or".
22.634. Article: replace the first paragraph, the words "within three working" with the word "seven";
supplemented with the sentence of the fourth subparagraph by the following: "the statement of the injunction, the Court of first instance.";
to make a fifth by the following: "(5) the judgment and the full implementation of the decision is controlled by the Court of first instance. Authorities enforced, it shall notify without delay the execution of the ruling. "
turn off the sixth.
23. off 639. the first paragraph of article 6, paragraph 2 and 3.
24. To complement the 654. the first part of the article after the word "propose" the words "or refuse to propose".
25. To supplement the 678. article with a fifth by the following: "(5) the competent authority, by sending a request to the penal cooperation, can ask the foreign request to ensure the confidentiality of information."
780. Article 26: to supplement the article with 2.1 as follows: "21) execution could harm Latvia's national sovereignty, security, public order or other essential interests;"
Add to article 8 and paragraph 9 by the following: ' 8) execution expenses are not proportionate to the gravity of the crime and injury;
9) ruling adopted in the absence of the person, except when the person is informed about the process or it is informed that the ruling does not challenge. "
27. Supplement article 781 with 4.1 part as follows: "(5) if the competent authority at the same time receiving more foreign requests for execution on the same person or thing, it combines the request checking into one process."
28. To supplement the article with 785 2.1 part as follows: "(21) sentenced to confiscation of property in a foreign country, if the ruling was made on a certain amount of money is calculated by the Bank of Latvia exchange rate that was in effect on the date of the judgment of a conviction."
29. in article: 785.1 supplement article 2.1 part as follows:

"(21) If confiscation of property of the resulting cash 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 abroad. If the confiscation of property of the resulting cash is greater than 10 000 euro the equivalent in dollars, the Ministry of Justice may agree with that half of foreign funds or foreign amount specified in the request is transferred to foreign State. ";
to make the fourth subparagraph by the following: "(4) the Ministry of Justice refused the request for confiscation of property obtained money or property distribution, if the request is received after one year from the notification of the ruling on the confiscation of property the date of execution."
30. Add to 801.12 the second subparagraph with the following text: "the district (City) Court judge sent the bailiff to the injunction, which indicates that a decision has been taken on the basis of the foreign competent authority request for confiscation of property. District (municipal) Court judge sent the Justice Department a copy of the decision taken and information about the artist, whom the Court decision sent to execution. "
31. in article 801.16: replace the first paragraph, the words "decide" with the words "decide";
replace the second paragraph, the words "on the date of receipt of the information" with the words "ruling on the seizure of property on the day of delivery";
to make a fifth by the following: "(5) the Ministry of Justice refused the request of a Member State of the European Union of confiscation of property obtained money or property distribution, if the request is received after one year from the notification of the ruling on the confiscation of property the date of execution."
32. To supplement the article with 805 fifth paragraph by the following: "(5) Latvia accepted the ruling on confiscation of property can be sent simultaneously to several foreign countries, where the property is located in various foreign countries or the seizure is related to activities in several foreign countries. Sending more rulings on the confiscation of property, the competent authority shall inform all the foreign countries involved in the implementation of the ruling. "
33. Replace 806. in the third subparagraph, the words "As to" with the words "confiscation of property or as '.
34. Replace 812. in the first paragraph, "Interior Ministry" with the words "State police".
35. Supplement article 816 points with the words "except where the request relates to terrorism or the financing of terrorism".
36. To supplement the article with 827 third subparagraph by the following: "(3) if the foreign State requires additional information, it shall provide the competent authority, where appropriate in consultation with the applicant."
Transitional cabinet within six months from the date of entry into force of the law to formulate and adopt rules on the treatment of property under article 2.1 of the 365 part.
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law in 2010 on January 14.
President Valdis Zatlers in Riga V 2010 February 3