The Amendments To The Criminal Law Of The

Original Language Title: Grozījumi Krimināllikumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/193112

The Saeima has adopted and the President promulgated the following laws: criminal law amendments to make the criminal law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 1998, no. 15; 2000, no. 12, 13, 15; 2001; 2002, nr. 11, 16, 22, 23 no; 2003, 10, 15; 2004, nr. 2, 3, 4, 6, 11, 12, 13; 2005, nr. 2, 11, 12, 13, 20, 21; 2006, no 1., 7., no. 22; 2007 , 3, 15, nr. 24; 2008, nr. 3, 24.) the following amendments: 1. in article 4: make the first paragraph by the following: "(1) the citizens of Latvia, non-citizens or foreigners who have permanent residence in the Republic of Latvia, on the territory of another State or outside the national territory of any of the criminal offences committed in the territory of Latvia held accountable in accordance with this Act.";
replace the third and fourth paragraph, the words "aliens and stateless persons" with the word "foreigners".
2. Make 7. the third and fourth subparagraph by the following: "(3) in Less serious crime is an intentional offence for which this law provides for deprivation of liberty for a period of more than two years but not more than five years, as well as the offence who done recklessly and for which this law provides for deprivation of liberty for a period of more than two years but not more than ten years.
(4) a serious crime is an intentional offence for which this law provides for deprivation of liberty for a period longer than five years, but not more than ten years, as well as the offence who done recklessly and for which this law provides for deprivation of liberty for a period of more than ten years. "
3. Replace article 36, the second subparagraph of paragraph 6, the words "City Council, District Council and Parish Council" with the words "of the City Council and District Council".
4. Add to article 42, the third part of the sentence the following wording: "the Court, in determining the confiscation of property of cruelty to animals, the partial confiscation of property and apply it to the animals."
5. Replace article 44, first and second paragraph, the words "occupation" with the words "a certain professional or other type of occupation".
6. Replace the words "in article 44.1 City Council, District Council and Parish Council" with the words "of the City Council and District Council".
7. the express 54. the third paragraph of article as follows: "(3) a person may be released from criminal liability, which significantly helped reveal a serious or very serious crime that are heavier or more dangerous than the same person committed the criminal offence. This condition does not apply to the person who is called a criminally liable for particularly serious crimes, provided for in this law, 116, 117, 118, 125, 160, 159, 176, 190.1,. 251.252., and article 253.1, or the person who set up or running an organized group or a gang. "
8. Supplement article 58.1 1.1 part as follows: "(11) the Prosecutor in accordance with the procedure prescribed by law may be released from criminal liability where the person conditionally accused of committing a serious crime, which significantly helped reveal a serious or very serious crime that are heavier or more dangerous than the same person committed the criminal offence. This condition does not apply to the person who is called a criminally liable for committing serious crimes provided for in this law, 125, 160, 159.176.251., 252, 190.1, and article 253.1 or the person who had the organizer of the crime. "
9. Make the text of article 60 as follows: "If the sentenced person has helped discover other people commit a crime, which is just as heavy, heavier or more dangerous than the same person committed the criminal offence, the Court by which the judgment of this person is convicted may reduce the judgment in the prescribed penalty, but sentenced to the death penalty or life imprisonment substituted imprisonment for twenty years."
10. Turn off article 67.
11. Replace the words "article 71 social, certain common beliefs or faith" with the words "or a particular religion".
12. To supplement the law with article 71.2 as follows: "article 71.2. Crimes against humanity as a crime against humanity, that is, on the activities carried out as part of a widespread or systematic attack against the civilian population and to disclose as murder, extermination, enslavement, deportation or forcible transfer, unlawful detention or restriction, torture, rape, sexual slavery of personal involvement in the coercion to engage in prostitution, forced insemination or sterilization or other similar severity of sexual aggression, apartheid, any groups of people or the persecution of the Union on the basis of a political, racial, national, ethnic, cultural, religious or sex or for other reasons that international law found to be admissible, in respect of any of the actions specified in this article, or genocide, or war crimes, or otherwise binding on the Republic of Latvia in international law for an action that causes severe physical or mental suffering, punishable by life imprisonment or by imprisonment for a term from three to twenty years. "
13. Express the disposition of the article 74 as follows: "for war crimes, that is, the Republic of Latvia in binding international law prohibited the war-fighting rules or violations of international humanitarian law, including humanitarian law protected persons, torture, killing or inhuman treatment against such person, the taking of hostages, unlawful deportation, transfer, limitation of freedom of the city or other item not eligible for devastation or other prohibited activity".
14. Supplement article 74.1 of the law with the following: "article 74.1. Genocide, crimes against humanity, crimes against peace and war crimes for genocide, condoning crimes against humanity, crimes against peace or war crimes publicly praising or implemented genocide, crimes against humanity, crimes against peace or war crimes publicly condoning, denying or punishable by deprivation of liberty for up to five years or with forced labor. "
15. Replace article 125 of the second subparagraph of paragraph 7, and article 126 of the second subparagraph of paragraph 5, the words "put in the hold, holding remand" with the words "put in the temporary detention".
16. the express article 133 as follows: "article 133. Infection with the human immunodeficiency virus and hepatitis B and C on the person's deliberate infection with the human immunodeficiency virus or hepatitis B or C virus —

punishable by deprivation of liberty for up to five years or with arrest or forced labour, or by a fine of up to one hundred fifty minimum monthly wages. "
17. To supplement the law with article 133.1 of the following: ' article 133.1. Infection with the dangerous infectious disease agent on the person's deliberate contamination with dangerous infectious disease agent, if it caused serious injury if it had caused the victim's death, punishable by deprivation of liberty for up to five years or with arrest or forced labour, or by a fine of up to one hundred fifty minimum monthly wages. "
18. Replace article 134, the words "venerisk disease" with the words "sexually transmissible disease agent".
19. Replace article 138 of the enacting terms of the second subparagraph, the words "immune deficiency virus (CIV)" with the words "immune deficiency virus, or hepatitis B or C virus".
20. Article 159: make disposition of the first paragraph by the following: "(1) For intercourse, using violence, threats or using the victim's State of helplessness (rape), —";
replace the second part of the enacting terms, the word "minor" with the word "minor";
replace the third paragraph, the words "the statutory disposition" with the word "minor".
21. Supplement article 161 of the sanctions after the word "years" with the words "or with the attachment, or to forced labour".
22. Supplement article 162, first paragraph, after the word "penalties" with the words "arrest or forced labour".
23. To supplement the law with article 163.1 of the following: ' article 163.1. The establishment of brothels, maintenance, management and funding of brothels (prostitution is not allowed for the organisation and provision of services), maintenance, management or financing — punishable by deprivation of liberty for up to five years or with forced labour, or by a fine of up to one hundred minimum monthly wages. "
24. Article 164: Express article name and disposition of the first paragraph by the following: ' article 164. Personal involvement in prostitution and coercion to engage in prostitution (1) on the person's involvement in prostitution ";
to make the second and the third part as follows: "(2) For coercion to engage in prostitution or on personal involvement in prostitution, abusing the trust or with deceit, or through a person's dependence on the guilty or the State of helplessness — punishable by deprivation of liberty for a term of between two and six years or with a fine of up to one hundred minimum monthly salaries of twenty, confiscating belongings or without confiscation of property.
(3) On the first or second part of the activities envisaged, if committed repeatedly or if they committed group of people, or of incitement or coercion of minors to engage in prostitution, or of space transfer underage prostitution, punishable by deprivation of liberty for a period of five to eight years, confiscating belongings or without confiscation of property. "
25. Article 165: replace the first paragraph, the words "sanctions to four years" with the words "to six years";
turn off the second part of the enacting terms, the words "by agreement".
26. the expression of the first paragraph of article 165.1 disposition as follows: "(1) for the person with the consent of the sending of sexual exploitation, that is, for any conduct that in the end promote the legal or illegal movement of people, transit or stay in one country or in the territory of several countries".
27. off 165.2 article.
209. Article 28 off.
29. To supplement the law with article 220.1 as follows: "article 220.1. Illegal oil products storage, handling and disposal of (transport) (1) for the oil products storage, unlawful transfer (transport) or the realization, if done by a group of persons by prior agreement or committed a large amount — punishable by deprivation of liberty for a period of up to four years or with arrest or forced labour, or by a fine of up to one hundred minimum monthly wages, seizing property or without confiscation of property.
(2) for the oil products storage, unlawful transfer (transport) or the realization, if done so within organized group — punishable by deprivation of liberty for a period of up to six years, confiscating belongings and police control for a period of up to three years. "
30. Article 221 of the expression by the following: ' article 221. Alcoholic beverages and tobacco products illegal storage, handling and disposal of (transport) (1) alcoholic beverages or tobacco products illegal storage, handling or disposal of (transport), if it would result in material injury — punishable by arrest or forced labour, or by a fine of up to sixty minimum monthly salaries. 
(2) alcoholic beverages or tobacco products illegal storage, handling or disposal of (transport), if it is done by a group of persons by prior agreement or committed a large amount — punishable by deprivation of liberty for a period of up to three years or by arrest, or to forced labour, or by a fine of up to one hundred minimum monthly wages, seizing property or without confiscation of property.
(3) alcoholic beverages or tobacco products illegal storage, handling or disposal of (transport), where it organized a group of committed, punishable by deprivation of liberty for up to five years, confiscating belongings or without confiscation of property and police control for a period of up to three years or without. "
31. the express article 230 of the following: ' article 230. Cruel behavior toward animals (1) For cruelty to animals, the result of which it was destroyed or deformed, or animal torture, punishable by deprivation of liberty for a period of up to three years or by arrest, or to forced labour, or by a fine of up to eighty minimum monthly salary, taking away the right to keep animals for a period of up to five years or without it and confiscating property or without confiscation of property.
(2) the same acts, if committed in public or in the presence of minors or if they committed group of people by prior agreement, or if it would cause material injury — punishable by deprivation of liberty for up to five years or with arrest or forced labour, or by a fine of up to one hundred fifty minimum monthly wages, take away the right to hold the animals for a period of up to five years or without it and confiscating property or without confiscation of property. "

32. the express article 244.1 as follows: "article 244.1. Data, software and equipment acquisition, manufacture, alteration, storage and distribution of illegal activities with electronic communication network terminal of the electronic communications network for identification of terminal of the electronic communications network for data modification or intended for such purpose of data acquisition, storage or distribution, as well as the purpose for the acquisition of software or equipment, fabrication, storage or distribution, without the manufacturer's consent or, if such actions made in the end, the greedy or if its done by a group of persons by prior agreement , or if it would cause material injury — punishable by deprivation of liberty for up to five years or with forced labour, or by a fine of up to one hundred minimum monthly wages. "
33. Replace 289. enacting terms of the first paragraph, the words "committed or pre-trial investigation judge" with the words "perpetrators committed judge, Prosecutor or investigator".
34. Replace article 290 of the enacting terms of the first paragraph, the words "during the pre-trial investigation the offender" by the word "Prosecutor".
35. Replace article 291 of the enacting terms of the first subparagraph, the words "judge or pre-trial investigation the offender" by the words "judge, Prosecutor or investigator".
36. Article 293 of the enacting terms to replace the words "judge or pre-trial investigation the offender" by the words "judge, Prosecutor or pre-trial investigation authority employee".
37. Article 294. enacting terms to replace the words "committed during the pre-trial investigation" with the words "the perpetrators made the officer conducting the pre-trial criminal procedure".
38. Express article 294.1 name and disposition of the first paragraph by the following: ' article 294.1. Intervention in pre-trial criminal proceedings (1) any officers who carried out the pre-trial criminal procedure, in order to influence to put obstacles to criminal proceedings or pre-trial or achieve illegal decision, ".
39. Replace article 295 of the enacting terms of the first subparagraph, the words "a comprehensive, complete and objective" with the word "legitimate".
297. Article 40: turn off the title and the enacting terms of the word "will";
replace the word "disposition" in the investigation, with the words "criminal proceedings".
41. To replace 298. the enacting terms of the first paragraph, the words "criminal prosecution against a person" with the words "the initiation of criminal proceedings against a particular person".
42. Article 300: replace the enacting terms of the first paragraph, the word "investigation" with the words "criminal proceedings";
replace the second paragraph, the word "investigating enacting terms" with the words "carrying out pre-trial criminal proceedings".
43. Replace 301. enacting terms of the first paragraph, the words "the suspect, the accused, defendants" with the words "persons against whom criminal proceedings initiated, the detainee, the suspect, the accused".
44. Supplement article 302 first and second paragraph, after the words "disposition of the investigation authority" with the word "Prosecutor".
45.303 and 304. Express article as follows: "303. article. Persons who are not responsible for refusal to give testimony on the refusal to give testimony without answer, persons against whom criminal proceedings initiated, the detainee, the suspect, the accused's fiance, spouse, parents, children, siblings, grandparents and grandchildren, as well as the person with whom the individual is living and with which it has a common (shared) facilities.
304. article. Pre-trial disclosure in criminal proceedings for news about the pre-trial criminal procedure resulting in the disclosure of the message without the permission of the investigator or the Prosecutor until this process is complete, if it is done by a person who has been notified of the message is not disclosed, punishable by deprivation of liberty for a period of up to one year, or with the arrest or forced labour, or by a fine of up to twenty minimum wages. "
46. the express article 306. disposition of the following wording: "for the item, document, or other materials that may be of importance for criminal evidence, special issue, not when the person is not held, the person against whom the criminal proceedings initiated by the suspect, accused, requested the issue of a pre-trial investigation authority, Prosecutor or the Court,".
47. in article 309: put the name of the article as follows: "article 309. The subject of illegal substances and the transfer of persons and the receipt from the person who placed the temporary detention and prisons ";
replace the first, second, third and fourth parts of the enacting terms, the words "which are placed in the hold of the previous holding in custody" by the words "which are placed in temporary detention or imprisonment".
48. Article 310: Express article name and disposition of the first paragraph by the following: ' article 310. Running away from the temporary detention and prisons (1) escape from The temporary detention or prison ";
the second part of the present disposition of the following: "(2) the same acts, if they are associated with violence or with violence against piedraudējum security guards or other temporary detention or prison officer, or if committed repeatedly, or if they committed group of people".
49. Make 311. name and disposition of the article as follows: "article 311. The attack on the prison in the organised groups, which are in the custody of, or participation in such a group to attack or use other violence against prison officials, prisoners or any other person who is in prison, as well as for such attacks or violence ".
Transitional provisions 1. Pre-trial investigation authorities, Prosecutor's Office or court records in existing criminal offences committed before the date of entry into force of the law and qualified by criminal law 71.221.230. Article 244.1, and qualification of the offence, left unchanged.
2. Leave the judgment by the persons sentenced to this law, after the entry into force of article 71 of the criminal law.
The law shall enter into force on July 1, 2009.
The Parliament adopted the law of 21 May 2009.
President Valdis Zatlers in Riga V 10 June 2009 Editorial Note: the law shall enter into force by 1 July 2009.