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/194030

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. no) the following amendments: 1. Express article 51 paragraph 5 by the following: "(5)) in this process is the witness, the victim or his representative or the person , which implements the defense or have taken the defense or representation of the victim. "
2. Replace the second paragraph of article 425, the word "three" with the word "five".
3. in article 68: to supplement the first subparagraph following the words ' process Guide "with the words" or the Court judgment or decision to control the complete performance, or the Court that decides on the replacement of the fine with arrest or imprisonment ";
make the third paragraph as follows: "(3) the suggestion of appearance within 10 days, but emergency cases, immediately after receipt of the General Prosecutor's Office and the results will inform the driver of the process or the Court, which turned to a proposal to request the extradition of a foreign State. The examination time limit may be extended by the Attorney General, and be kept informed of the proceedings or the court proceedings, which turned to a proposal to request the extradition of a foreign State. "
4. a add to 685. the first part of the article after the word "process" with the words "promoters or court judgment or decision to control the complete performance, or the Court that decides on the punishment to arrest or deprivation of liberty".
5. Supplement article 5.1 692 part as follows: "(51) After the entry into force of the judgment of the European Court custody decision adopted that controls judgment or decision, or the complete performance of the Court which decides on punishment to arrest or deprivation of liberty."
6.694. Article: make the third paragraph as follows: "(3) If the location of the requested person is known, the ratūr Ģenerālprok the European custody decision sends a copy of the national police, the international search of the person.";
Add to article 3.1 part as follows: "(31) if the Member State asked to guarantee that its own person upon conviction in Latvia will be transferred back to a custodial sentence, such safeguards give the Attorney General's Office."
7. Supplement article 695, the second part with the 2.1 point as follows: "21) a person in a Member State of the European Union has agreed to;".
8. Add to 696. the second paragraph of article with the words "If an international agreement provides otherwise."
9. Replace the first subparagraph of article 1, the words "Supreme Court" by the words "Supreme Court's Criminal Chamber".
10. Add to 715. the third paragraph of article with the sentence the following wording: "If a citizen of Latvia does not waive such rights, the Prosecutor General's Office asked that guarantee European custody decision adopted country."
11. To supplement the article with 716 2.1 part as follows: "(21) If a person consents to extradition, shall be completed within 10 days from the date of receipt of the decision of detention."
12. Complementing article 717 of the third subparagraph, the first sentence after the word "day" with the words "subject to this and a number of 702 laws. the fourth subparagraph of article".
13.720. Article: replace the second paragraph, the words "Supreme Court" by the words "Supreme Court Criminal Court";
replace the third paragraph, the words "Supreme Court" with the words "the Supreme Court's Criminal Chamber".
14. To supplement the law with article 720.1 as follows: "720.1 article. The agreement of the competent authority of Latvia a person for further extradition, prosecution and trial to the competent authority within 20 days following the request of the Member States of the European Union decide on receiving the consent of the person issued the extradition to another Member State of the European Union, as well as the prosecution, trial and enforcement of penalties for other offences committed prior to the extradition. "
15. Supplement article 722 of the second paragraph after the words "real evidence" with the words "or by the person to be acquired as a result of the offence".
16. Make 770. the first paragraph by the following: "(1) if the convicted person has been received the request or consent of the members submitted this request for the surrender of a person to a foreign State sentence, after this the competent authority referred to in the second subparagraph of article informed about this request immediately to inform foreign."
17. To supplement the article with the fourth 777 part as follows: "(4) a Member State of the European Union are sentenced to execution if possible extradition has been refused under this Act 714. Article the fifth subparagraph of paragraph 4."
18. Make 785. the third part as follows: "(3) If you receive multiple decisions on confiscation of property in respect of the amount of money and these rulings are issued for one person may not have sufficient funds to Latvia comply with all rulings, or at the same time receive multiple ruling on the confiscation of property in respect of a specific part of the property, the decision on which of the decisions will be adopted by the enforcement court taking into account: 1) the gravity of the crime;
2 for the attachment of property);
3) order in which the ruling on confiscation of property received in Latvia. "
19. To supplement the law with the article in that 785.1:785.1 article. " Conditions relating to the confiscation of the property obtained money or property sharing with foreign countries (1) a request for the confiscation of the property obtained money or property distribution in each case decide on the Ministry of Justice.
(2) in considering an application for confiscation of property acquired as a result of the distribution of funds, take into account the amount of funds obtained, with the criminal offence of injury and the location of the victims.
(3) at the request of the Foreign Ministry of Justice may decide on the confiscation of property acquired as a result of the return of property of a foreign State.
(4) the Ministry of Justice may refuse a request for confiscation of property obtained money or property distribution, if the request is received after one year from the date of notification of the foreign ruling on the confiscation of property.
(5) the procedures for confiscation of property obtained as a result of funds or assets shall be distributed to the foreign countries and the funds transferred shall be determined by the Cabinet of Ministers. "
20. Supplement to Chapter 71, 801.9, 801.10 801.8 801.11 801.12, 801.13,,,, and article 801.14 801.15 801.16 as follows: "article 801.8. Member State of the European Union ruling on the confiscation of property, the basis for the fulfilment of a Member State of the European Union ruling on the property, and the crime of criminal confiscation (forfeiture of property, judgment on the) execution grounds in Latvia are: 1) ruling on the confiscation of property or its certified copy and fill in the special form of receipt;
2) the fact that the person is the subject of a ruling on the confiscation of property, the place of residence in Latvia (legal entity, registered legal address), or owns property or has other income;
3) Latvia court decision on the confiscation of the property of the executed in Latvia and the injunction on the release of this decision.
801.9 article. Ruling on the confiscation of property of the grounds for refusal of enforcement (1) ruling on the confiscation of property enforcement refused if: 1) not sent specific forms of acknowledgement or it is incomplete or does not correspond to the content of the judgment to which it is attached;
2), covered by the ruling, not included in annex 2 of this law and not criminal law of Latvia;
3) will run the ruling violated the double punishment not permissible (ne bis in idem) principle;
4) there is this law, criminal proceedings under Chapter 8 of the immunity;
5 execution of a ruling in Latvia);
6) the carrying out of a sentence and barred the ruling applies to the offence, which is under the jurisdiction of Latvia;
7) has not reached age at which criminal liability arises;
8) ruling was made in the absence of the person, except when the person is informed about the process or even informed that the ruling does not challenge;
9) has reason to believe that the penalty laid down a person's gender, race, religion, ethnicity, language or political opinion;
10) implementation of the award would be contrary to the fundamental principles of the legal system of Latvia.
(2) if the ruling on confiscation of property for this law, 2. the offence referred to in the annex to check on whether the offence is a crime in accordance with Latvian law, also not out.
801.10 article. Ruling on the postponement of the execution of the confiscation of property (1) ruling on the seizure of property, the Court may postpone the execution if: 1) total value will be obtained by following the ruling, may exceed the amount specified in the ruling, therefore, that this execution simultaneously in several Member States of the European Union;
2) its execution might damage the criminal proceedings in Latvia;
3) person in Latvia is brought to court, challenging the enforcement order;
4) Latvia launched the confiscation of property.
(2) a sworn bailiff, found the first part of these reasons, postponed ruling on the confiscation of property and take measures of confiscation of property. Sworn bailiff about the postponement of the execution of the judgment shall notify the Court and the Justice Ministry.
(3) the Ministry of Justice shall inform the Member State of the adoption of the ruling on the postponement of the execution.
801.11 article. Ruling on the confiscation of property the inspection procedure

(1) the Ministry of Justice, ruling on the confiscation of property, within 10 days, but if the material is especially large, 30 days whether there is not this law, the first paragraph of article 801.9 1 or 7. referred to the reasons for the refusal, and the evaluated material forwarded to the Court.
(2) If you need document translation, ruling on the confiscation of property of checks referred to in the first subparagraph within the time after receipt of the translation.
(3) documents provided not later than five months after receipt of the ruling.
(4) If the Ministry of Justice believes that the information provided is not sufficient, it shall request additional information from the Member States of the European Union. After the receipt of the additional information the question shall be determined by this article the time limits referred to in the first subparagraph.
801.12 article. The decision on the confiscation of the property of the executed in Latvia (1), district (City) Court judge ruling on the confiscation of property in the process of writing to look at the place of residence of the person (legal person – by the registered legal address) or location of the property.
(2) the district (City) Court judge, received the award for the confiscation of property and material, check the ruling enforcement basis, find out whether there is this law not referred to in article 801.9 reasons for the refusal and shall take a decision on the confiscation of property in Latvia executable or waiver to execute the said ruling.
(3) the district (City) Court judge's decision on the confiscation of property in Latvia executable can appeal to the Court of appeal within 10 days from the date of receipt of the decision, the complaint shall be submitted to the district (municipal) Court. Lodging a complaint does not suspend the decision on the confiscation of property in Latvia executable. The appellate court judge review the written complaint process, and the decision may not be appealed.
(4) If a decision on seizure of property for a certain amount of money, district (City) Court decision shall indicate the amount, in LCY, the total amount of money in accordance with the Bank of Latvia exchange rate that was in effect on the day of pronouncement of the judgment.
(5) If a person, in respect of which the ruling on the confiscation of property, proof of property seizure ruling on full or partial discharge, district (City) Court judge with the Ministry of Justice shall contact the Member State of the European Union to get its approval. Received confirmation about the ruling on confiscation of property, the full implementation of the district (City) Court judge annulled the decision on the confiscation of the property of the executed in Latvia. If you received a confirmation of the ruling on the confiscation of property, the execution of part of the district (City) Court judge amended the decision according to the received approval.
801.13 article. Ruling on the confiscation of property of the execute procedure (1) If you have received a number of ruling on the confiscation of property, the Court decides that the ruling be executed taking into account this law 785. the third paragraph of article in these conditions.
(2) the Member State of the European Union, decisions on punishment reduction, amnesty or pardon act extradition is binding for Latvia.
(3) the decision on the confiscation of property, if the execution of a Member State of the European Union abolished the ruling on confiscation of property.
(4) a Member State of the European Union received notice of the second and third subparagraphs legal facts provided by the Ministry of Justice sends the decision to the Court of levy of execution, and shall inform the Council of sworn bailiffs.
801.14 article. Complaints about the ruling on confiscation of property (1) a Person against whom or against whose property faces decision on the confiscation of property of the executed in Latvia, sworn bailiff's activities may appeal to the civil procedure law.
(2) a complaint about the ruling on confiscation of property for reasons submitted to the courts of a Member State of the European Union.
(3) If you receive a complaint about the ruling on confiscation of property for reasons, following receipt of the information from the Ministry of Justice of the Court shall inform the Member States of the European Union.
801.15 article. Notice of the Ministry of Justice of the European Union Member State (1) the Ministry of Justice shall inform the Member State of the European Union ruling on the confiscation of property, the Court of Justice in Latvia, the transmission of property confiscation.
(2) following receipt of the information from the Ministry of Justice of the Court shall inform the Member States of the European Union: 1) decision to refuse to execute the ruling on confiscation of property;
2) decision of withdrawal because the stuff is impossible to execute the confiscation;
3) ruling on the confiscation of property, in whole or in part of non-performance;
4) ruling on the confiscation of property.
Article 801.16. Conditions relating to the confiscation of the property obtained money or property distribution by Member State of the European Union (1) at the request of the Member States of the European Union, the Ministry of Justice may decide the confiscation of the property obtained money or property distribution with that Member State.
(2) If confiscation of property of 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 on the date of receipt of information), the Ministry of Justice shall take a decision on the part of the funds transfer to the relevant Member State of the European Union.
(3) when there are other conditions that are not mentioned in the second paragraph of this article, the Ministry of Justice may agree with the Member States of the European Union for more than half of the funds transfer to that Member State. Consultations take into account with the criminal offence of injury and the location of the victims.
(4) at the request of the Member States of the European Union, the Ministry of Justice may decide on the forfeiture of property assets resulting from the return of that Member State.
(5) the Ministry of Justice may refuse the request of the Member States of the European Union of confiscation of property obtained money or property distribution, if the request is received after one year from the date on which that Member State has received the notification about the ruling on confiscation of property.
(6) procedures for the confiscation of property obtained as a result of funds or assets shall be distributed to Member States of the European Union and any funds transferred shall be determined by the Cabinet of Ministers. "
21. To supplement the law with Article 809.1 as follows: "Article 809.1. The request for confiscation of property enforcement (1) received information from the Latvian foreign ruling on confiscation of property performance, the Ministry of Justice may request that a foreign State to decide on confiscation of property acquired as a result of money or possessions.
(2) in the light of the result of injury, number of victims, and the costs of criminal proceedings in Latvia, the Ministry of Justice may apply to the seizure of property obtained as a result of the money returned in part or in full.
(3) the received information from foreign property that was confiscated as a historical, artistic or scientific value or realization was not desirable, the Ministry of Justice agreed with that on such things a foreign takeover. "
22. Supplement to chapter 72, 810.6, 810.7 810.4 810.5 and article as follows: "article 810.4. Latvia adopted a ruling on the confiscation of property for the execution of the sending Member State of the European Union (1) If it is not possible to perform in Latvia adopted a decision on the confiscation of property, because the residence of the convicted person (legal person – the registered legal address) or own property, or the income is in another Member State of the European Union, Latvia adopted by the Court ruling on the property along with the konfisk tion of special forms filled out receipt sent to the Ministry of Justice.
(2) the Ministry of Justice provides a translation of a proof of the relevant Member State of the European Union in the national language or languages, which the receiving proof that Member State designated by the General Secretariat of the Council of the European Union, as well as prepare the information on the criminal law of the limitation period laid down and forward these documents to the relevant Member State of the European Union.
(3) Latvia accepted the ruling on confiscation of property can be sent simultaneously to several Member States of the European Union, where the property is located in different Member States or the seizure is related to activities in several Member States.
(4) if the property covered by the confiscation of property of the ruling, it is historical, artistic or scientific value or realization is not desirable, in the proof of claim in question.
810.5 article. Ruling on the confiscation of property of the consequences of sending sending Latvia accepted the ruling on confiscation of property while a number of Member States of the European Union, Latvia is not itself limited to this ruling.
810.6 article. Latvia adopted a decision on the confiscation of property in execution of the termination (1) If the court annuls the decision adopted in Latvia for the confiscation of property, it shall inform the Ministry of Justice, which, in turn, shall immediately inform the Member States of the European Union on Latvia accepted the Court ruling on the confiscation of property.
(2) the Ministry of Justice shall immediately inform the Member States of the European Union on Latvia accepted amnesty and pardon.

810.7 article. A request for the confiscation of property acquired as a result of money or Division of property (1) received information from a Member State of the European Union concerning the ruling on confiscation of property, the performance of the Ministry of justice within 30 days of this Member State to decide on confiscation of property acquired as a result of money or possessions.
(2) information received from a Member State of the European Union concerning the ruling on confiscation of property, if the property acquired as a result of the confiscation of funds is greater than 10 000 euro in lats equivalent (conversion according to the Bank of Latvia exchange rate that was in effect on the date of receipt of information), the Ministry of Justice asking that half of the Member States of the funds transferred to the Latvian State budget account.
(3) in the light of the result of injury, number of victims, and the costs of criminal proceedings in Latvia, the Ministry of Justice may request that the Member State of the European Union returned more than half of the confiscation of property acquired as a result of funds.
(4) the received information from a Member State of the European Union on the property, which was confiscated as a historical, artistic or scientific value or realization was not desirable, the Ministry of Justice agreed with that Member on such things. "
Transitional cabinet within six months from the date of entry into force of the law to develop and adopt the provisions for the procedures for confiscation of property obtained as a result of funds or assets shall be distributed to foreign countries and funds transfer.
The Parliament adopted the law of 11 June 2009.
President Valdis Zatlers in Riga V. 30 June 2009 Editorial Note: the law shall enter into force on 14 July 2009.