Criminal Offence The Prevention, Detection Or Investigation Of A News Exchange Law

Original Language Title: Noziedzīgo nodarījumu novēršanas, atklāšanas un izmeklēšanas ziņu apmaiņas likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/190004

The Saeima has adopted and the President promulgated the following laws: the criminal offence the prevention, detection and investigation of News Exchange Law Chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) Member State: a Member State of the European Union, as well as State applying the Schengen acquis in respect of messages exchanged, the prevention, detection and investigation of criminal offences;
2) the competent authority of a Member State, by the institution of the General Secretariat of the Council of the European Union in a communication in connection with Council framework decision 2006/960/JHA of 18 December 2006 on the European Union Member States, simplifying the exchange of information and intelligence between law enforcement authorities identified the competent law enforcement authority;
3) request-request messages, which the competent authority of another Member State has submitted in accordance with Council framework decision 2006/960/JHA of 18 December 2006 on the European Union Member States, simplifying the exchange of information and intelligence between law enforcement authorities or institutions or officials of Latvia has prepared in accordance with the request of the competent authority of the Member State to provide the news;
4 criminal law offence)-in annex 2 of the included offence of which the Member State that made the request is for a custodial sentence, with a maximum limit of not less than three years;
5) news, information system, operational accounting, criminal information, or information that is directly or indirectly available to the authorities competent for the prevention of crime, detection, or investigation;
6) message processing: any operation carried out with the news, including news, ranking, transformation, transmission, transfer, use, and disclosure of, lock, or delete. 2. article. The law's purpose and scope (1) law enforcement institutions aims in cooperation to provide quick message exchange between Latvia and other Member States in the prevention, detection and investigation of criminal offences.
(2) the law shall determine the order in which the information to be provided and to request the competent authority of another Member State.
(3) the law does not regulate international penal cooperation. Chapter II Declaration article 3 Member State. To provide competence News News can provide: 1) the investigating authority or operational entity that is available to institutions and individuals held;
2) operational entity officer — messages, obtained by performing operational activities;
3) process guide — details that are obtained in criminal proceedings. 4. article. The processing of the application procedure (1) a body or officer, if requested, take one of the following: 1);
2) refuses, if there is a message in this statutory reporting of the reasons for the refusal.
(2) a body or official, which is not competent for the news, request or forwards the request to the competent institution or official, pointing to reply or provision.
(3) if the organ or official, which is competent to provide the news, without the consent of the public prosecutor or the Court is not entitled to access the required information or is not entitled to provide them, it shall immediately request the information processing in the legislation governing the public prosecutor or judicial authorisation.
(4) providing news, as well as refusing to comply with the delivery of the message to reply or provision of the terms. 5. article. The reasons for the refusal to provide particulars (1) Message delivery is refused if: 1) it may harm Latvia's sovereignty or security;
2) it can compromise the operational process, or the achievement of the objective of criminal procedure;
3) it can compromise the person's life, health or other legitimate interests;
4) gives the Prosecutor or court without legal or statutory authorization for access to or provision of the terms;
5) messages from another Member State or from a third country and the transfer of messages according to their terms and conditions of use is not permitted;
6) news is obviously not incommensurate with stated objective or not suitable for it;
7) request submitted by the institution, which is not the competent authority of the Member State.
(2) If delivery of a message is refused, on the basis of the first subparagraph of paragraph 5 of the conditions of the country, which may be made available to relevant information, provided this is not contrary to the conditions of international cooperation. 6. article. Sending a response time limits (1) the competent authority of the Member State shall send the 14 days after receipt of the request.
(2) If a filed request for urgency and required information is available in the information system online, answer within eight hours of the receipt of the request.
(3) If the particulars of the offence required an information system are available online, send a reply within seven days after receipt of the request. 7. article. Response (1) if the information cannot be provided within the time limit laid down, or reporting for this period is significantly burdened, or within such period it is not possible to gain confidence about the acceptability of the provision, the message body or official, which is competent to provide news, may postpone the response: 1) on this law, article 6 of the request referred to in the second subparagraph, not more than three days;
2 to 6 of this law.) the first or the third part of that demand, not more than 10 days.
(2) On the response of the postponement, the reasons for the postponement and possible deadlines for reply immediately (no later than this law, the time limits referred to in article 6) shall inform the competent authority of the Member State. 8. article. Sending a response (1) news, information on the response of the postponement, the reasons for the postponement and possible response time, as well as information on the reasons for the refusal to provide the message transmitted by filling out the form, the content and form of which shall be determined by the Cabinet of Ministers.
(2) a reply to a request is normally sent to the competent authority of a Member State in the same way that received the request.
(3) the answer can also be sent to the State police or other competent authority, provided that the transfer is the answer. In this case, the response sent to inform the institution or officer who has received a request from another Member State.
(4) the response sent to the national language or the other official language, usually used by law enforcement authorities.
(5) if the answer contains a State secret or restricted access information shall, subject to the protection of the information of the governing legislation. 9. article. Reporting on its own initiative (spontaneous declaration) (1) this law, article 3, paragraph 2 and 3 of the officials specified in the provide the message to another Member State if the request has been received from it, but there is reason to believe that the following Member State authority which has competence in criminal prevention, detection or investigation may help to prevent, detect or investigate criminal offences and, in the absence of this law article 5, first paragraph, 1. , 2, 3, or 5. declarations referred to in paragraph of the reasons for the refusal.
(2) the first paragraph of this article provides the information by sending the form, the content and form of which shall be determined by the Cabinet of Ministers, and subject to article 8 of this law, third, fourth and fifth paragraphs of information referred to in the shipping conditions. 10. article. Indication of the message (1) providing news, specify one or more terms of use permitted: 1) the criminal prevention, detection and investigation or significant public safety risk immediate prevention;
2) proof of the offences.
(2) a body or official, which shall decide on the provision of news, you can also specify other message processing provided by the laws and regulations governing the proposed restrictions on the use of terms.
(3) the first subparagraph of this article referred to in paragraph 2, the use of messages indicate only if the information is derived from: 1) the population register;
2) fine registry;
3) vehicles and their drivers in the national registry of the data of registration of the vehicle and driving licence;
4) implements and its driver information system-for a vehicle registration and driving licences. 11. article. Please inform about the completion of the process and the results of the post processing (1) if the body or official, which provides news, there is reason to believe that the outcome of the process carried out by the Member State can encourage other criminal offence the prevention, detection or investigation, it may ask for information on the completion of the process.
(2) a body or official, which provides news, require the Member State concerned shall be informed of the processing of messages by their delivery if it defined the message handling regulatory legislation. Chapter III request a Message from another Member State, article 12. Basis to ask the Member State to provide information

If there is reason to believe that another Member State is in possession of information that may help to the prevention, detection or investigation of criminal offences, and without obtaining the impossible to ensure that these tasks are completed or it is significantly harder, this law article 3 2 and 3 of the officials referred to in paragraph 1 may request the delivery of the message. 13. article. Request (1) message to another Member State for the request to provide information prepared by filling out the form, the content and form of which shall be determined by the Cabinet of Ministers.
(2) the particulars of the offence of soliciting to deliver urgent request shall specify the reasons for the urgency. 14. article. Request (1) the request to provide information to the competent authority of another Member State shall forward to the State police or other competent authority.
(2) if the request message contains a State secret or restricted access information shall, subject to the protection of the information of the governing legislation. Chapter IV processing of messages and information on the process of a Member State of the results of the completion of article 15. The use of the information supplied by the Member State (1) the information requested is allowed to use only for the purposes for which this information provided by the Member State, or essential to national security is immediate. The Member State shall use the information supplied by the other purpose is permissible only with the consent of the Member State which supplied this message.
(2) institutions and officials who have become aware of the information supplied by the Member State, in this process, pursuant to the relevant Member State, as well as the following restrictions.
(3) the information into the information system is allowed, unless a Member State expressed its consent to question. If the information supplied by the Member State are included in the information system, its removable information system data storage or at the end of the period specified by the Member State at the end of the term, if it is shorter than the information system defined data storage. 16. article. Provision of information to the Member State on completion of the process and the results of the post processing (1) if the Member State which delivered the news, has made the request to receive information about the outcome of the proceeding in respect of which the Declaration made by the institution or the officer who requested the report, information on the results of the completion of the process.
(2) if the Member State which delivered the news, has made the request to get information about the message processing at their institution, or officer, who requested the report, the following information is provided. The law adopted by the Parliament in the March 12, 2009. President Valdis Zatlers in Riga V 2009 April 1