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/194068

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) the following amendments: 1. Turn off the third subparagraph of article 120.
447. Article 2: make the first paragraph by the following: "(1) the Court of first instance in criminal cases tried by a judge sitting alone".
to turn off the second part;
make the third paragraph as follows: "(3) if the case is particularly complex, the President of the Court of first instance may determine the criminal trial of collegiate. In such a case, the case of the three criminal courts of first instance judges. "
3. turn off the second part of article 448.
4. Express Article 453 of the following: "453. article. (1) the reserve judge in Criminal proceedings requires a longer time, you can participate in the reserve judge who at the time of the hearing of the Court Chamber. About the mark of the minutes of the hearing.
(2) If the criminal trial process the judge replaced the reserve judge, trial continues. Trial in this case, the Court will complete the new composition. "
5. Replace 516. in the first paragraph, the words "lay judge" with the word "judge".
6. turn off the fourth subparagraph of article 634, the words "fine".
7.636. Article: Supplement to article 1.1 part as follows: "(11) the Prosecutor's fine payment can be delayed or split time for up to one year if the person to whom the penalty applied to the Prosecutor's statement, 30 days to pay, and it has made a reasoned request for suspension of payment of the fine or splitting.";
to turn off the second paragraph, the words "fine";
Add to article 2.1 part as follows: "(21) where the fine within 30 days after the Prosecutor's statement on the entry into force of the fine has not been paid or if the contributions of the fine was not made within the time limit laid down, splitting or delaying the payment of the fine, the public prosecutor proposes the district (City) Court in whose territory the activities of the Prosecutor's Office the authority to decide on the replacement of the fine in accordance with the criminal law."
8. Replace article 638. in the third paragraph, the words "the convicted is hard to fine to pay now" with the words "convicted during 30 days you can not pay it and submits a reasoned request for suspension of payment of the fine or splitting the timeless".
9. Replace 644. in the first paragraph, the words "the same time" with the words "in accordance with the criminal law in particular."
10.645. Article: make the first paragraph by the following: "(1) where the fine within 30 days after the date of entry into force of the judgment are not paid or if the contributions of the fine was not made within the time limit laid down, splitting or delaying the payment of the fine, the judge shall determine the Court of session and the fine shall be replaced in accordance with the criminal law.";
turn off the fourth.
11. Replace the sixth subparagraph of article 784 ' executable fine it is not possible to recover the "with the words" the executable and the fine is not paid within 30 days. "
12. transitional provisions be supplemented by 22, 23, 24, 25 and 26 as follows: "22. behavioral control, for which a decision on termination of the criminal proceedings, the conditional relief from criminal responsibility, the national probation service is not performing up to December 31, 2012. The behavior of the control of the persons for which up to July 1, 2009 for a decision on the termination of criminal proceedings, the conditional relief from criminal liability, the decision defined inspection time and finished in the institution to which it assigned the decision on termination of the criminal proceedings, the conditional relief from criminal responsibility.
23. the decision on the termination of criminal proceedings, the conditional relief from criminal responsibility until 2012 31 December indicates body tasked to monitor the relevant personal behavior, but specifies the time by which the person must notify the public prosecutor about the performance of the duties imposed in the decision and to submit the documents certifying the performance of the duties imposed in the decision. After checking the expiration of the Prosecutor in assessing the person's information and documents submitted for decision in mark terms.
24. the Prosecutor and the Court on July 1, 2009 to 2012 and 31 December the national probation service provides assessment report only for those persons who are accused of committing the crime against dzimumneaizskaramīb and morals, as well as the accused who of the crime was a minor at the time.
25. In criminal matters, which until July 1, 2009 the Court of first instance has started proceedings in hearing of collegial continue collegiate composition until the judgement or the termination of the criminal proceedings at the hearing. If this is not possible, the judge, considering the complexity of the case, decide on the continuation of the hearing alone. Lay judge with justice-related duties may not be held criminally liable and arrest without the consent of the President of the Court, in which he shall perform his duties. A decision on the arrest of a lay judge, forced the arrival of detention or exposure to shaking it specifically authorized to accept a Supreme Court judge. If the lay judge caught heavy or particularly serious criminal offence, for compulsory detention or of the arrival of the exposure to shaking is not necessary, but 24 hours must notify the trustee in particular Supreme Court judge and President of the Court in which the lay judge shall perform his duties. If the authority of lay judge terminates during the hearing, they are saved to the end of the hearing of this case.
26. From 1 July 2009 to 2012 December 31 this law 381. the first and second part of the case provided for in the national probation service's trained mediator involved in pre-trial criminal proceedings only. Until July 1, 2009 in settlement cases started by the national probation service's trained mediator participating during the hearing until august 1, 2009. "
The law shall enter into force on July 1, 2009.
The Parliament adopted the law of 16 June 2009.
President Valdis Zatlers in Riga V. 30 June 2009 Editorial Note: the law shall enter into force by 1 July 2009.