Amendments To The Law On State Compensation To Victims "

Original Language Title: Grozījumi likumā "Par valsts kompensāciju cietušajiem"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/194031

The Saeima has adopted and the President issued the following law: amendments to the law on State compensation to victims "to do" in the law on State compensation to victims "(Latvian Saeima and the Cabinet of Ministers rapporteur, 2006, no. 13; 2007, nr. 24; 2008, nr. 24) as follows: 1. Turn off all over the law, the word" violent "(fold). 
2. Express article 1 by the following: "article 1. The purpose of the law the purpose of the Act is to provide a physical person, which the criminal law is recognised as a victim (victim), the right to receive State compensation for intentional criminal offence created by the moral injury, physical suffering or economic loss (damage), if the offence occurred in a person's death or the victim suffered serious, moderate physical injury, the injured person or the victim of dzimumneaizskaramīb infected with the human immunodeficiency virus Hepatitis a, B, or C (a criminal offence). "
3. Add to article 2 of the third paragraph as follows: "(3) the victim is not entitled to receive State compensation if the criminal offence was directed against the traffic safety and the victim has the right to the insurance indemnity in accordance with the laws of the land insurance against civil liability in respect of the use of motor vehicles."
4. To supplement the law with article 3.1 as follows: "article 3.1. The obligation to repay the victim for the State budget paid State compensation obligation to repay the victim for the State budget State compensation is paid: 1) to the victim, if he knowingly made false statements in order to receive State compensation;
2) that the accused found guilty of the crime. "
5. in article 4: make the first part of paragraph 3 and 4 by the following: "3) provides the paid State compensation recovery from the victim who knowingly provided false information in order to receive State compensation;
4) provides the victim paid State compensation recovery from the accused, found guilty of the crime; ";
make the first part of paragraph 6 by the following: "6) require the driver of the process or a sworn bailiff information you need to make a decision on the State compensation."
6. in article 7: to supplement the first sentence with the following: "national compensation payable shall be calculated in relation to the minimum monthly wage, the moment when the person recognised as a victim." 
Add to the second paragraph of paragraph 2, after the word "dzimumneaizskaramīb" with the words "or the victim is infected with the human immunodeficiency virus, hepatitis B or C";
replace the fourth subparagraph, the words "violent crime the perpetrator or his accomplice" with the words "in which the accused found guilty of the crime";
to supplement the article with a fifth by the following: "(5) if the criminal offence occurs in person while the second paragraph of article 1, 2 or 3 above, State compensation paid in one single payment under the criminal offence with serious consequences."
7. Article 8, second paragraph: replace the introductory phrase, the words "criminal proceedings are ongoing" with the words "criminal proceedings no final judgment";
Add to paragraph 2 by the words "criminal skills" with the words "at the time of issue of the certificate found in the offender's guilt in the form";
Add to paragraph 3, after the word "contact information" with the words "as well as the date when the person recognised as a victim";
Add to part with a new paragraph 4 by the following: "4) details of the person in criminal proceedings recognised as the victim's representative (name, ID number, address, contact information, as well as the date when the person recognized as the representative), if the victim rights shall be exercised by a representative;"
consider the previous 4 and 5 point 5 and 6 respectively;
Replace paragraph 5, the words "or to a sexual offence characteristics indicating the existence of" with the words "sex offence characteristics indicating the existence or established human immunodeficiency virus, hepatitis B or C".
8. Article 10: replace the first part of the number and the word "30 days" with the word "month";
to supplement the article with the fifth and sixth the following: "(5) where it is established that the State compensation claimed for the same criminal offence on the basis of which the compensation already paid by the State, the legal aid administration of State compensation application shall not be dealt with and returned to the person who made it.
(6) the repeated request for State compensation for the same criminal offence for which refused to pay the State compensation is acceptable, if a change in the information previously submitted, according to which the decision on the refusal to pay State compensation. "
9. Replace article 11, first paragraph, the words "as one" with the words "the person recognised as a victim one payment".
10. Replace article 12, paragraph 4, the words "violent criminal offence the perpetrator or his accomplice" with the words "in which the accused found guilty of the crime".
11. Express articles 14 and 15 of the following: ' article 14. The decision on the State aid notification (1) of the legal aid administration decision on payment of State compensation or refusal to pay the State compensation shall notify in writing, by sending them to the country specified in the application address or transfer of the recipient or his representative personally.
(2) the decision on the State compensation, as well as a copy of the payment order sent to: 1) process when criminal proceedings driver no final ruling;
2) authority that has taken the final ruling, if criminal proceedings have been completed;
3) body which decided on termination of the criminal proceedings if criminal proceedings have been terminated.
15. article. The procedure can be a challenge and appeal against the decision on State compensation (1) the legal aid administration decision on payment of State compensation or refusal to pay the State compensation may be challenged in the administrative process law, submit the relevant application to the legal aid administration. The legal aid administrative authority shall forward the application to the Ministry of Justice.
(2) the Ministry of Justice, the decision taken by the first paragraph of this article, the application of contestation of the administrative procedure law may appeal to the district administrative court. "
12. Turn off the article 16.
13. To supplement the law with chapter IV, the following: "chapter IV paid State compensation recovery article 19. The legal aid administration rights, providing paid State compensation legal aid administration, ensuring the State paid compensation, has the following rights: 1) request from the victim, of his representative, in which the accused found guilty of the crime, other State and local authorities in the State paid compensation for necessary information;
2) without specific court ruling into the victim (a collection agency) in place to recover the State aid paid;
3) be obliged to reimburse the victim for the State budget received State compensation if he knowingly made false statements in order to receive State compensation;
4) impose on the accused that is found guilty of the crime, to repay the State budget paid State compensation to the victim;
5) split the existing State compensation if the victim of the part of the accused or found guilty of committing the crime, received the written application motivated. If the repayable amounts of State compensation is divided into parts, the whole amount repayable within one year from the date of entry into force of the decision of the legal aid administration of State compensation paid;
6) request information from sworn court bailiffs about compensation paid to national recovery process. 
20. article. The State paid compensation of the victim, who received State compensation (1) if the law is found in the order that the victim knowingly provided false information in order to receive State compensation, the legal aid administrative authority shall take a decision on the State paid compensation to the victim and reported it.
(2) a victim has the obligation referred to in the first paragraph of the decision to execute within 30 days from the date of receipt of the decision.
(3) if the person does not meet the first paragraph of this article, the time limit, the legal aid administration prepares a warning about the enforcement of the decision and shall communicate it to the victim.
(4) if the person referred to in the first paragraph of the decision voluntarily fails to comply within 10 days after it received a warning about the enforcement of the decision, the legal aid administrative authority shall prepare and submit to the sworn bailiff for the execution of the administrative procedure law in the executory order issued.

(5) the decision on the State paid compensation due by 10 years. Upon expiry, the Executive Management on the basis of the law of civil procedure will be terminated. 
21. article. The State paid compensation from the accused, found guilty of the crime (1) if the victim received State compensation in criminal proceedings in which no final judgment, the application for State compensation paid to the public interest in the maintenance of the force and the satisfaction of the criminal procedure law provides.
(2) if the victim has requested complete state compensation in criminal proceedings and the Court satisfied the victim compensation application to the legal aid administration decision on State compensation into the victim (a collection agency) place the paid State compensation. That decision, send to the victim or his representative and to the jury bailiff.
(3) the legal aid administrative authority shall send a notice to the accused, found guilty of the crime, as well as the Court that delivered the judgment of conviction, informing that the legal aid administrative authority shall take the place of the victim (a collection agency) paid in the amount of State compensation.
(4) If criminal proceedings have been completed and that the victim was not received within the application for compensation, the victim in the recovery of the amount of State compensation from the accused, found guilty of the crime, provides in article 20 of this law.
(5) If criminal proceedings have been terminated without the persons circumstances reabilitējoš and the victim received State compensation, paid State compensation from the accused, found guilty of the crime, provides in article 20 of this law.  
22. article. The decision on the State paid compensation to forced execution (1) the decision on the State paid compensation enforcement take sworn bailiff.
(2) a sworn bailiff within 30 days after the request of the legal aid administration provide a written receipt of information about the enforcement of the decision and the results.
(3) a sworn bailiff including national budget funds in the account, which recovered to executory order or injunction, and inform the legal aid administration. 
23. article. The procedure can be a challenge and appeal against the decision of the State paid compensation (1) the decision on the State compensation may be challenged in the administrative process law, submitting the application to the legal aid administration. The legal aid administrative authority shall forward the application to the Ministry of Justice.
(2) the Ministry of Justice, the decision taken by the first paragraph of this article, the application of contestation of the administrative procedure law may appeal to the district administrative court.
24. article. Paid State compensation recovery does not start up or termination of the legal aid administration paid State compensation recovery administrative affairs not starting as well as of administrative lapses, if at least one of the following circumstances: 1) to the decision on the State paid compensation due the limitation;
2) joined one of the circumstances which preclude criminal liability or prevent criminal proceedings, except where the criminal proceedings terminated by a person not reabilitējoš circumstances;
3) physical person dead and legal relationship does not allow transfer of rights;
4 pissing Civil Procedure Act) deadline for submission of documents for the implementation of forced execution. "
14. transitional provisions be supplemented with paragraph 4 by the following: "4. the State compensation demand that legal aid administration received up to august 1, 2009, its appearance and State compensation shall be granted according to the regulations that were in effect until august 1, 2009."
The law comes into force on august 1, 2009.
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 by 1 august 2009.