The Order Of Holding In Custody Law

Original Language Title: Apcietinājumā turēšanas kārtības likums

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The Saeima has adopted and the President promulgated the following laws: the holding in custody of the law chapter I General provisions article 1. The purpose of the law the law aims to ensure the human rights and interests of criminal procedure proportionate compliance security features — custody — run.
2. article. The basic execution of the detention custody enforcement is investigating the decision of the judge or the Court ruling on the application of pre-trial detention.
3. article. (1) the arrest Arrested is the person to whom the investigating judge or the Court has applied the security feature, the detention.
(2) the provisions of this law shall also apply to the person who has taken over from the sentence and placed a foreign jail, pending the investigation, decide the issue of izciešam soda.
4. article. Detention enforcement authorities (1) the performance of the investigation Detention in prison or other custodial institution created during the investigation of the Prison Department (hereinafter referred to as the prison of the investigation).
(2) Investigation of prisons internal rules regulated by the Cabinet of Ministers.
(3) at the request of the promoters of the process, detainees may put a specially outfitted police premises (hereinafter referred to as the temporary detention place) for the time necessary for the performance of the procedural act and legal proceedings. There the temporary provision of the arrest detention places housing and apply the temporary detention place in internal rules.
5. article. Detention monitoring of Attorney-General of the Republic of Latvia and prosecutors are subject to prosecution in accordance with the procedure laid down in the law of the Republic of Latvia shall monitor legislation and uniform compliance with the exact investigation prisons. 
Chapter II investigation into the detainees in prison article 6. In the case of persons arrested (1) for each arrest the investigation prison staff present the person's case. Personal use must include the following documents: 1) during the judge's decision or a court ruling on the application of pre-trial detention;
2 arrested in fingerprint card);
3 hold a copy of the Protocol), where a person has been detained;
4) arrested in the questionnaire.
(2) in the case of the person Arrested shall include documents that provide information about the status of detention, as well as the decisions taken by the administrative arrest.
(3) in the case of the person arrested, adds a passport or identity card or re-entry permit.
(4) move the detainees to the prison of the investigation of the temporary detention place, to send the first part of this article 1.-3. the documents referred to in paragraph 1 and the withdrawn documents.
(5) moving detainees from the prison to a short-lived investigation detention site or vice versa, to send in the personal file of the prisoner.
(6) in the content of the questionnaire and the arrest procedure, as well as personal use of the procedure is determined by the investigation, the internal rules of the prison.
7. article. Arrested in the investigation into the prison by placing the investigation prison, detainees: 1), indicating his name, surname, personal code, birth year and date (if the person arrested is not assigned a code in the Republic of Latvia), the Court or judge that the investigation took the decision on the imposition of, and the time when the investigation of the prison placed under arrest;
2) screened the same sex prison staff. Search results are recorded in the minutes.
8. article. Arrested, the adoption of storage assets (1) investigation of internal rules of the prison rules provide for the investigation of individual prisons allowed the list and quantity. Things that do not fit into that list, or exceed, the storage of investigation arrested served in prison.
(2) move the detainees from investigation prison on temporary detention place, leaving him temporarily holds the camera in place of the allowed items list the specific quantity, but the other things the investigation arrested served for storage in prison.
(3) during the storage of the goods taken in prison records and indicate acceptance report. The Act of signing the arrest and prison employees who adopt. The issue of acceptance signed by the arrest of the Act.
9. article. Illegal disposal of assets and money (1) money that the arrested voluntarily not surrendered, forfeited and after coordination with the process of the investigation, the promoters of the General account of prison detainees utilities and housing improvement.
(2) precious metals, precious stones and articles that the arrest is not betrayed, willingly forfeit and after coordination with the process of transferring the proceedings to the State revenue service sales department according to the location of the prison. The resulting funds including State budget revenues.
(3) money, precious metals, precious stones and articles, which are minor detainee willingly betrayed, the issue is not his parent or guardian.
10. article. Detainee health check (1) After inserting the investigation prison arrested for make a medical examination and sanitary processing cabinet.
(2) the detainee health inspection results record the patient's outpatient card.
11. article. The placement of detainees in prison (1) investigation of prison detainees placed in a closed room (camera).
(2) Apcietināto men and women as well as minors and pilngadīgo in apcietināto deploys separately.
(3) the driver shall in any proceedings in criminal proceedings apcietināto deploys separately.
(4) Apcietināto deploys a separate from convicts except when inmates placed in prison in connection with the investigation, another of the crime.
(5) If the arrest is the prisons administration, police, prosecution, courts, corruption prevention and combating Bureau, parliamentary and public security service of the President or the constitutional protection Office, a former staff member, his spouse or first-degree relative, the person deployed separately from the rest of the arrested.
(6) Apcietināto, which is not suffered punishment of detention before a custodial sites, located separately from the others arrested. Apcietināto inserted into the Chambers, pursuant to internal security, as well as the (possible) personal characteristics and psychological compatibility.
Chapter III rights and duties in the arrest 12. Presentation of the detainee's rights after the insertion of the investigation prison administration arrested him in plain language (if necessary by interpreters) to immediately present to his rights and obligations, as well as inform officials that the arrest can turn with complaints and requests. Arrested with signature declares that he is familiar with this information.
13. article. Jailed rights (1) the Arrest has the right to: 1) to inform the family or another person about your location. The expenses are covered from the prison of the investigation;
2) receive money transfers;
3) to buy food and essential items, the investigation prison shop;
4) perform not less than hour long (if the medical question, not less than one and a half hours long) daily walk;
5) to communicate with persons outside the prison investigation through correspondence, as well as not less frequently than once a week using the investigative prison telephone (payphone). Allowed call duration is not less than five minutes. Expenditure on pay list arrested but on phone calls — the arrest or the person with whom he converses;
6) hours of meetings not less than once a month with relatives or other persons investigating the prison in the presence of a representative of the Administration;
7) meet with the champion alone without restriction, subject to investigation prison agenda;
8) subscribe to the press, as well as the use of the prison library investigation Fund;
9) wear personal linen, clothing and shoes;
10) use personal small household appliances: tv set (screen size up to 39 cm diagonal) and then add video games, as well as a fridge, water heated device, radio. Total individual use of household appliances used in weight should not exceed 30 kilograms;
11) keep to himself for personal use allowed the investigation of the prison store to purchase food products, receive shipments and not the contributions groceries investigation prisons internal rules of procedure and in the amounts provided for.
(2) the investigating judge or the Court may restrict the first paragraph of this article 5, 6, 10 and 11 above.
14. article. The obligations to Arrest the arrest is obliged: 1) put of prison administration, which are not part of the investigation, the internal rules of the prison provided for individual use or in the list of permitted goods exceeds the specified amount;
2) to submit to this law and other regulations laid down in the health checks and searches;
3) to perform investigations of prison administration and the legal requirements for the investigation of internal prison rules;
4) follow the investigation prison set the agenda;

5) clean up the premises of the prison investigation agenda on time;
6) gently treat the investigation prison property;
7) maintaining order on the premises of the prison investigation and follow personal hygiene;
8) use the prison treatment of persons in certain medication treatments in the presence of the person.
15. article. Submissions and complaints of detainees (1) Arrested has the right to write applications, complaints and proposals from national and local institutions.
(2) in the list with the arrest and of the human rights institutions between the tautiskaj, the parliamentary human rights and public affairs, the public prosecutor's Office, Court, counsel for the promoters, as well as foreign nationals arrested in correspondence with their country's diplomatic or consular mission or its national diplomatic or consular missions, authorised to represent his interests, not subject to control and are sent to the prison of the investigation.
(3) the complaint for the prison administration chief warden of the investigation decision on the inquiry is sent to prison.
Chapter IV arrested women and their children, juvenile detainees holding jail investigation article 16. Arrested women holding characteristics investigation jail After her arrest at the request and with the consent of the family courts (pagastties) investigation can also be iemitin in the prison of her children, who are not older than three years.
Article 17. Investigation of the woman arrested in jail together with baby (1) if the arrested woman is in jail in the investigation along with your child (children), her daily regime into line with a child (children) needs and provide for not less than one-and-a-half hour long walks with the children.
(2) children can stay with their mother in prison until the investigation of the four year old full state maintenance. Investigation of the prison administration not later than three months before the date when the child reaches the age of four, notify the family courts (pagastties) at the place of residence of the parents of the child, the time during which the child may stay with their mother in prison. Family courts (pagastties) checks the conditions of residence and the child's father passes the child father's care. If the transfer of the child's father is not possible, the family courts (pagastties) decide on child care. Choosing a child's future place of residence, family courts (pagastties) take into account the views of the child's mother.
(3) if the arrested woman have a baby, the prison administration is obliged to inform in writing of that fact to the vital statistics office, which is located in the territory of the prison investigation to be able to register the child's birth.
(4) Child nutrition, hygiene equipment, clothing, and care for the equipment you need rules of the prison investigation determined by the Cabinet of Ministers.
18. article. Juvenile arrested in jail find (1) the minors arrested for in addition to article 13 of this law, rights are the right to: 1) meeting with relatives or other persons once a week investigating the prison in the presence of a representative of the Administration;
2) not less than one-and-a-half hour long daily walks. Walking areas provided minors with physical inventory of assets classes.
(2) a minor arrested in the framework of the mode of the day taking part in the investigation of organised social rehabilitation in prison, behavioral adjustment, education as well as cultural and sporting events.
(3) if the minor is placed under arrest the penalty isolator, he allowed no less than hour long daily walks.
Chapter v the care and security of detainees in prison investigation article 19. Material security detainees (1) Arrested in the diets and domestic needs of material security rules are determined by the Cabinet of Ministers.
(2) Arrested the three times a day gets warm food that supports the body's normal vital signs, as well as drinking water at any time.
(3) the minor shall receive the food, the arrest to ensure his full physical development.
(4) the area of the prison investigation arrested the one must not be less than three square meters.
(5) the Chamber in which the detainees maintain, provide natural light, but 24-hour dark time, artificial lighting, as well as air temperature not below + 18 ° C, and ventilation. The camera is equipped with a table, stool (bench) and beds, as well as the location of the arrest equipment personal property storage and sanitary knot, which is fenced off from the rest of the room.
(6) the investigation of the arrest in prison provides individual beds, bedding and towel. At least every seven days the arrest of sauna or shower in the bath, and he provides a clean bed linen. The arrest ensures the observance of personal hygiene facilities, as well as the opportunity to wash their laundry and clothes.
20. article. Detainees the opportunity to receive, send and use money transfers (1) money that the arrest sent by transfer or deposit the investigation prison which he served, but not including the investigation prison deposit account Treasury and accounting of the personal money of the arrest records.
(2) the Arrest their personal cash accounting card money transfers with prison staff investigation may use food products and essential for the purposes of the investigation of the jail store.
(3) money orders the arrest must come with the permission of the promoters of the process.
21. article. Detainees the opportunity to receive the contributions of the post and (1) the Arrest is allowed to receive contributions and to not only food items.
(2) shipment or acceptance of contributions and issuance procedures, as well as a list of items and quantities that are allowed to receive the consignment and the contributions, determined by the internal rules of the prison investigation.
22. article. Health care for detainees (1) Arrested one receives health care services to the Cabinet and set the agenda.
(2) the Arrest has the right, at its own expense, to receive health care services the supply of which is not provided for in the terms of the Cabinet of Ministers, if the arrest with that pay all health services expenditures (including security).
(3) If the arrest requires immediate medical attention, the investigation of which the prison medical institution, it is not possible to provide such assistance gives him another medical institution, and the warden provides security guards imprisoned.
Chapter VI the social rehabilitation of the prisoner, spiritual care, education and employment in article 23. The arrest of social rehabilitation, the main features of the social rehabilitation of the arrest the main features are socially useful activity-General, vocational and educational training, education and employment.
24. article. The investigation of the arrest the prison administration shall ensure that detainees undergoing General, professional and educational interests.
25. article. Educational events (1) registered associations and foundations, as well as religious organizations by matching with the prison administration have allowed prisons to implement the IP educational measures for the social rehabilitation of the prisoner.
(2) the order in which the arrested admitted to educational activities, determined by the Cabinet of Ministers.
26. article. The employment of detainees (1) investigation of the prison administration in the framework of the social rehabilitation of the prisoner if he employs the submitted inquiry application addressed to the warden and prison is following the investigation.
(2) the detainees without charge can only be involved in the investigation of the prison and surrounding area cleaning up and improvement, as well as cultural and municipal detention conditions. These activities in accordance with the arrangements may take up to two hours a day. After the elections in those arrested works can employ him longer.
(3) the Chamber or employ the arrest specially fitted room investigative prison.
(4) in the employ of the arrest, which can be determined akordalg.
(5) arrested a company employed by a contract for a fixed period of time. The conclusion of such a contract is possible only with the warden and the investigation process driver's permit.
(6) the conclusion of the contract and, if the arrest is employed, down by the Cabinet of Ministers.
(7) the fee for certain Arrest must not be less than payment for equal work outside the prison investigation.
27. article. Mental care for detainees (1) Arrested the spiritual care in the prisons administration carried out the chaplain service.
(2) the prison administration Department of the chaplain organises and coordinates religious activities religious investigation prison.
(3) the Detainee has the right to ask him to call upon the chaplain arrested faith in the clergy.
(4) the order in which the arrest is allowed to meet with clergy and religious organizations to participate in religious activities, determined by the internal rules of the prison investigation.
Chapter VII the precautionary measures of the prison investigation article 28. Security measures

(1) investigation of the jail employee investigation prisons internal rules of procedure in the cases provided for and have the right to search detainees. The arrest of the same sex, searched the prison staff.
(2) investigation of prison staff arrested in list control and telephone conversations (except lists, and telephone conversations with this law article 15 referred to in the second subparagraph of recipients). If the correspondence or telephone conversations contain endangers other people's rights, democratic public facility, public safety, welfare and morals, ascertaining the truth in a criminal procedure, as well as prison security, suspend or terminate telephone correspondence and explain the correspondence of detention or arrest the end reason.
(3) the investigation of the warden, or his authorized officer shall have the right to require that the visitor presented identity documents, as well as to view and search the person and property.
29. article. Arrested On the applicable incentives exemplary behavior investigation warden can apply for these incentives to the arrest: 1) expressing gratitude;
2) before the time to delete the earlier investigation of the penalties imposed on the internal rules of the prison regulations;
3) to grant additional time for a walk;
4) to grant additional time for phone calls;
5) additional meetings with relatives or other persons investigating the prison in the presence of a representative of the administration.
30. article. The penalties applicable to the arrest for investigation, the internal rules of the prison rules (1) The internal rules of the prison investigation under the rules of the investigation, the warden may impose the following penalties to the arrest: 1) warn;
2) rebuke;
3) for a period of up to one month to prohibit the purchase of foodstuffs and tobacco products, the investigation prison shop;
4) prohibit the routine meeting with relatives or other persons;
5) for a period of up to one month to prohibit phone calls;
6) juvenile detainees to put the penalty isolator for up to 15 a day;
7) minors arrested in the Insert penalty isolator for up to 10 a day.
(2) minors arrested as punishment may not apply the prohibition to meet with parents or guardian, as well as may a ban on phone calls to the parents or guardian if such a prohibition is not determined by the investigating judge or the Court.
(3) the penalty shall be made in person to the arrest records.
31. article. The penalty for the investigation of internal prison rules of procedure for the application of (1) article 30 of this law, the penalties referred to in the first subparagraph shall apply not later than 10 days from the date of the finding of the infringement, but if due to infringement of the warden's authorised officer has taken the test, 10 days of its completion date, but not later than six months from the date of the offence.
(2) the examination of investigation specified warden within, but not later than 10 days from the date of the investigation of the jail supervisor, become aware of the infringement.
(3) before making a decision on imposition of fine for the infringements of the arrest, inform and provide the opportunity to present his defence. Details of the nature of the infringement committed, irregularities found and arrested in the explanation of the decision include the imposition of fines.
32. article. Insert a fine arrested insulator (1) For gross or systematic investigation of internal rules of prisons in violation of the terms of the arrest can be inserted into the penalty isolator.
(2) the penalty isolator in the arrest can be inserted only if there is a doctor's opinion that the State of health of the detainee admits such a sentence.
(3) penalty: the penalty isolator, the insert is not suitable for pregnant women, as well as the arrest of a woman who is in jail in the investigation along with the children.
33. article. The penalty isolator furnishings and equipment minimum penalty isolator furnishings and equipment, as well as the arrangements for holding the penalty isolator determines the internal rules of the prison investigation.
34. article. The law limits the arrest penalty isolator (1) the authorised to Arrest the penalty isolator take personal hygiene items, glasses, contact lenses, stationary, envelopes, with criminal records and related documents, as well as with the doctor's permission — assistive technology and medicines.
(2) where the Arrest for breaches of discipline penalty isolator, inserts are not allowed: 1) use the rights to appointment;
2) buy food and tobacco products;
3) send letters to individuals or to receive letters from them;
4 the right to use the telephone);
5) use table games;
6) to smoke.
35. article. Brutal investigation prisons internal rules violations on the coarse internal rules of the prison investigation of infringements are considered such a detainee: 1) natural resistance to investigation prison employee or his dignity and honour of harassment;
2) refusal to execute a prison employee investigation legal requirements;
3) other physical coercion of detainees or their honor and dignity of the harassment;
4) alcohol, the illicit manufacture of narcotic drugs or psychotropic substances, storage or distribution;
5) out of the test, to establish whether the arrest was taking alcohol, narcotic drugs or psychotropic substances;
6) mobile phone, its parts and SIM card storage and use;
7) participation in the games of cards or other games to gain material benefits or any other winnings extortion;
8) during the intentional damaging of property prison.
36. article. A systematic investigation of the internal rules of the prison rules for systematic investigation of the prisons internal rules violations are regarded as violations committed by two or more times in last 6 months.
37. article. The order in which the disputed penalty in the internal rules of the prison of the investigation of a breach of the provisions (1) the Arrest of the penalties imposed for 10 days may challenge the prison administration chief.
(2) the complaint shall not suspend the execution of the penalty.
(3) the Prosecutor's protest concerning the illegal arrest imposed punishments suspending its execution to protest further.
38. article. The order in which you want to delete or request for the appropriate punishment for the investigation, the internal rules of the prison regulations (1) article 30 of this law, the penalties referred to in the first subparagraph shall be deleted after six months of the date of application of the penalty, if not imposed new penalties.
(2) article 30 of this law, the penalties referred to in the first subparagraph shall be repealed if the same violation of the administrative penalty. 
Chapter VIII on the release from Detention of the prison investigation or transmission of a custodial sentence of article 39. Basis of exemption from investigation, arrest the prison detainees freed from the prison of the investigation in the following cases: 1) get judgment on custody;
2) received a ruling on amendment of the security features;
3) over the statutory maximum period of detention;
4 custody exceeds in criminal law) the maximum custodial sentence term, which the Court may order the criminal offence of which that person is accused;
5) custody exceeds the sentence of a court sentence;
6) over custody deadline and have not received a decision on extension of custody.
40. article. Release procedures in the arrest (1) If the term of detention expired and have not received a decision on the extension of detention, detainees released the last day of the period of detention up to 15.00. If the end of the period of detention falls on a Saturday, Sunday or public holiday, the detainees released Friday or the day before the holidays.
(2) the Arrest, which is released from prison, the investigation of the investigation issued internal rules of the prison rules provide for the release of the sample. A statement signed and by prison investigation ģerboņzīmog investigation of the warden.
(3) Before the release of the arrested to the signature issue of his personal cash accounting cash card, his own belongings, valuables and documents.
(4) the Arrest, which is released from prison, the investigation due in minimum expenditure of public transport tickets for purchase to the place of residence in the territory of Latvia, but if a person's place of residence is outside Latvia, — the minimum expenditure of public transport tickets for purchase to the public crossing of the site or to the nearest railway station in the country, to which Latvia is a land border. The arrest, which is released from the prison of the investigation, if necessary, provides a seasonal clothing.
Article 41. Information about the minor arrested in the release from prison of the investigation of a minor detainee release from prison of the investigation, which has no parent or guardian, shall inform the family courts (pagastties), to the place of residence of minors and tackle furnished his social security problems.
Article 42. Sending a detainee a custodial sentence for

10 days after receipt of the order for enforcement of the judgment of the person sentenced to deprivation of liberty, from the prison of the investigation sent to penitentiary penal authority.
Transitional provisions with the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 288 "holding in custody arrangements Act" (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2006, no. 11).
The law adopted by the Parliament of 22 June 2006.
State v. President Vaira Vīķe-Freiberga in Riga, July 4 2006 Editorial Note: the law shall enter into force on 18 July 2006.
 

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