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The Victims Of Trafficking Stay In The Republic Of Latvia

Original Language Title: Par cilvēku tirdzniecības upura uzturēšanos Latvijas Republikā

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The Saeima has adopted and the President promulgated the following laws: For victims of trafficking the stay in the Republic of Latvia article 1. The law is applied in the following terms: 1) social rehabilitation service provider: a person who provides social rehabilitation services and is registered in the register of providers of social services according to the law;
2) waiting period, the period that is assigned to the person recognised as victims of trafficking (trafficking victim), to consider the opportunity to give the investigating authority or the driver of the process which performs the functions laid down in this Act, information that would facilitate the detection of cases of trafficking or prevention. 2. article. (1) of the Act is to promote the fight against human trafficking, providing for the waiting period and the conditions for the termination of this period, victims of trafficking, as well as the conditions for their stay in the Republic of Latvia.
(2) the provisions of this Act do not apply to European Union citizens. 3. article. If a foreigner who is not a citizen of the European Union, given that you may be able to help people trade in the detection or prevention of the case, but they are not enough to decide the question of criminal proceedings or to initiate criminal proceedings in deciding the question of foreigners on this recognition of the victims of an offence associated with human trafficking, the State border guard of the investigation authority, process guide or social rehabilitation service provider shall inform in writing the foreigners about the waiting period and the granting of rights He thus obtained. 4. article. (1) a foreigner who is not a citizen of the European Union, three days after him in accordance with the laws on personal recognition for the victims of human trafficking are granted the status of victims of trafficking, the investigating authority or the driver of the process may submit an application for the waiting period.
(2) the waiting period cannot be granted to victims of trafficking if he is identified as the victim of an offence related to human trafficking.
(3) if the application is not examining the relevant investigation authority or competence of the promoters, the process immediately sends the application to the investigating authority or the driver of the process that records the criminal proceedings concerned, and inform the victims of trafficking.
(4) the investigating authority or the driver of the process on the reflection period, the grant or refusal to grant a waiting period of five working days following receipt of the application and shall notify the decision to the victims of trafficking and the National Guard. Investigation authorities or promoters of the decision process for the granting of the waiting period entitles the victim of human trafficking during the period of stay in the Republic of Latvia.
(5) the investigation authorities or promoters of the process decision on refusal to grant standstill period may not be appealed.
(6) the waiting period, starting with the day when the investigating authority or the driver of the process shall take a decision on the waiting period.
(7) the waiting period is 30 days.
(8) the victim of human trafficking, as well as unaccompanied minors in the child shall have the right to get this law article 7 services provided during the consideration of the application for granting of a reflection period, the waiting period and until the citizenship and Migration Affairs Board (hereinafter the Board) shall decide on the issue of the termiņuzturēšan.
(9) the waiting period shall not in itself give rise to a victim of trafficking in human beings the right to permit termiņuzturēšan. 5. article. (1) the investigating authority or the process guide is entitled to take a decision on the termination of the waiting period at any time in at least one of the following cases: 1) has found that the trafficking victim assets, voluntarily and of their own in the Authority's liaison with persons who are held suspect, accused, or for which the entry into force of a conviction or the Prosecutor's statement as punishment for criminal offences related to trafficking in human beings;
2) has reason to believe that the victim of trafficking pose a threat to national security or public order and security.
(2) the investigation or process driver's decision on the termination of the waiting period may not be appealed.
(3) the investigating authority shall inform the promoters of the process or administration, the National Guard and social rehabilitation service provider for termination of the waiting period. 6. article. (1) If a trafficking victim, in writing, provide information that can help people trade in the detection or prevention of occurrences, or is recognized as a victim of an offence related to human trafficking, process guide waiting period or the next working day following the end of the period of waiting three working days: 1) evaluate whether the victims of trafficking in the future stay in the Republic of Latvia is appropriate (or it promotes investigations or legal proceedings);
2) checks whether the trafficking victim does not keep in contact with people who are held suspect, accused, or for which the entry into force of a conviction or the Prosecutor's statement as punishment for criminal offences related to the trafficking of human beings.
(2) the driver of the process requires that the Government issued permits for termiņuzturēšan victims of human trafficking, as well as unaccompanied minors in the child by submitting a proposal to the Board with the opinion of the victim of trafficking in compliance with the first paragraph of this article.
(3) the driver of the process, requiring the Administration to issue a termiņuzturēšan permission for a period of not less than six months, taking into account the period within which could be completed in the pre-trial criminal proceedings or trials, as well as victims of human trafficking threat (if present) the nature and intensity.
(4) the driver of the process may require the Administration extended permission termiņuzturēšan if this article continues to exist the conditions referred to in the first subparagraph. 7. article. Social rehabilitation service provider in accordance with the laws and regulations on social rehabilitation services of this law, in article 4, and the eighth time in article 8 provides the victim of human trafficking, as well as unaccompanied minors in the child safe refuge and accommodation, first aid, psychological, legal, medical and other personal expert advice, access to emergency medical assistance, as well as the opportunity to engage in training and education programs. 8. article. This law provided for in article 7 services have the right to be the victim of human trafficking, as well as unaccompanied minors in the child, if the Government, on the basis of the request of the promoters, the process of trafficking victim has issued termiņuzturēšan permits. 9. article. Process proceedings may request that the Board revoke the permission termiņuzturēšan issued to victims of trafficking, at least one of the following cases: 1) has found that the trafficking victim assets, voluntarily and of their own in the Authority's liaison with persons who are held suspect, accused, or for which the entry into force of a conviction or the Prosecutor's statement as punishment for criminal offences related to trafficking in human beings;
2) have found that the trafficking victim is intentionally provided false statements in criminal proceedings;
3) driver of the process has taken a decision on termination of the criminal proceedings. 10. article. From the time when the term of the residence permit issued to victims of trafficking, as well as unaccompanied minors in the child's stay in the Republic of Latvia shall be determined in accordance with the immigration laws. Informative reference to European Union directives, the law includes provisions resulting from Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have help is illegally immigrate and who cooperate with the competent authorities. The law adopted by the Parliament in the 2007 on January 25th. State v. President Vaira Vīķe-Freiberga in Riga, 2007 February 8.