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An Amendment To The Criminal Law

Original Language Title: Grozījumi Kriminālprocesa likumā

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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) the following amendments: 1. in article 11: Add to second part of the sentence the following wording: "in the investigation, the pre-trial judge or the Court due to the question of the participation of the inhabitants in the interpreter provides the investigating judge or the Court."
to supplement the article with a fifth by the following: "(5) the criminal proceedings in another language is translated into the complaints received in the national language only in case of need, which is determined by the driver of the process."
2. Make the article 29 paragraph 1 first subparagraph as follows: "1) to examine messages that point to a possible criminal offence, criminal proceedings and start as soon as the established statutory reason and basic, or refuse to initiate criminal proceedings;"
3. Make the article 36 the first part as follows: "(1) the Prosecutor shall exercise supervision of the investigation in criminal proceedings, investigation, prosecution, the public prosecutor and other statutory functions."
4. Article 39: make the first part of paragraph 4 by the following: "4) provide the person to whom the rights of the defence, the Court of Justice in criminal matters be material or copies of transcripts (copies) or in accordance with the procedure laid down in this Act, the person to present the material to the Criminal Court;"
turn off the first part of paragraph 5, the words "and set the final deadline for submitting applications";
to make the second part of paragraph 3 as follows: "3) complete the criminal proceedings, the Prosecutor's statement about it;".
5. Replace article 41 paragraph 2 of the second paragraph, the word "allegations" by the word "Prosecutor".
6. Article 45: make the first paragraph by the following: "(1) post in the top Prosecutor in law controls how the Prosecutor shall exercise their powers".
turn off third.
7. Article 46, second paragraph: Add to paragraph 6, after the words "given instructions" with the word "coroner";
Replace paragraph 7, the words "process enablers" with the word "coroner".
8. Turn off article 57, first paragraph, point 5.
9. Make the text of article 61 as follows: "(1) there is a real possibility that a certain person committed the criminal offence, criminal proceedings may be initiated against that person. If entering the process, already is the basis of the presumption referred to a point, then the person concerned indicates the initiation of criminal proceedings.
(2) If in criminal proceedings initiated for news that might target a certain person has committed a criminal offence, it obtains the status of the person against whom the criminal proceedings initiated.
(3) from the time when the first and second part of the person is engaged in carrying out procedural actions or processes the driver for the disclosure of information is made known for the initiation of criminal proceedings against them, it retrieves the procedural rights of the defence.
(4) the Person against whom criminal proceedings have been initiated this law, article 66, first paragraph, 2, 3, 6, 7, 12, 13, 15, 17, 18 and 20 and 67 set out in the first paragraph of article 1, 2, 5, and 6. the obligations laid down in paragraph 1. This person may apply the security features, except for the obligation to report the receipt of the consignment address.
(5) referred to in the third subparagraph, in the moment, has the right to the completion of the criminal proceedings within a reasonable time.
(6) a Person against whom criminal proceedings initiated, without the prior consent of the procedural acts may be the time to take pictures, shoot or otherwise with the technical means to record the results obtained in order to publish materials in the media. "
10. Express article 63, first paragraph, paragraph 1 by the following: "1) immediately invite champion and conclude an agreement with him or to use public legal aid if he could not, at their own expense, to conclude an agreement with champion. Detained has the right to obtain from the Court a report of the process area practicing lawyers list as well to invite counsel free of charge to use the phone; ".
11. Express article 66, first paragraph, point 2 as follows: "2) immediately invite champion and conclude an agreement with him or to use public legal aid if he could not, at their own expense, to conclude an agreement with champion. Detained has the right to obtain from the Court a report of the process area practicing lawyers list as well to invite counsel free of charge to use the phone; ".
12. Express article 70, first paragraph, point 1 and 2 by the following: "1) after the completion of the pre-trial criminal procedure to receive all the criminal cases for the Court copies of materials, if they have not been issued earlier, or with the consent of the public prosecutor to the Court to get acquainted with the materials of the criminal case;
2) to submit applications until the completion of the pre-trial criminal proceedings and become acquainted with the Court received or reported to be criminal. "
13. Express article 84, second subparagraph by the following: "(2) the State legal aid fee and shall be determined by the Cabinet of Ministers."
14. Turn off the article 90 of the first paragraph of point 6.
15. off article 92, first paragraph, point 5.
98. Article 16, first paragraph: Add to paragraph 3 after the words "for investigation" by the words "and other";
turn off paragraph 5;
9. turn off the point.
17. Put article 99, paragraph 6 by the following: "6) submit applications;".
18. Replace article 120 in the second and third paragraph, the words "criminal offence" with the words "serious or particularly serious crime".
19. in article 121: turn off the second part of paragraph 2, the words "as well as for employees and people who process the promoters or the investigating authorities carry out special investigations task actions";
Supplement third with point 3 by the following: ' 3) for questioning the employee and the person who submitted the process or the investigation authority carried out a special mission of inquiry, if that person does not want to give evidence. "
to supplement the article with a fifth by the following: "(5) the pre-trial process to request from credit institutions not in their possession gets the leader news or documents containing such information may only with the permission of the judge of the investigation."
20. Make 181. the third paragraph of the article as follows: "(3) a search shall be carried out in the presence of the suspect or accused person, if it is made of that person's place of residence and declared the place of work, except when this is not possible for objective reasons."
21. off the fourth subparagraph of article 190.
22. Turn off 245. the first paragraph of article 6, point 4.
23. the express article 248(4), second subparagraph, second sentence the following wording: "If a person is not, in the process transforming by decision of the Cabinet of Ministers established the property transferred under the supervision of the responsible storage or to another person, but in exceptional cases the property may ask the municipality after property locations, providing the necessary financing from the State budget."
24. To complement the 274. the second paragraph of article with the sentence the following wording: "the process of transforming the suggestion can be dealt with without the presence of the person whose arrest is meant to be, if, in accordance with the opinion of the physician participation is not permitted if the procedural and participating people."
25. replace the words "in article 276 of the criminal referral to the Court" with the words "the commencement of the hearing".
26. in article 277: replace the sixth and the seventh paragraph, the word "Court" with the words "judge";
to supplement the article with the new eighth subparagraph by the following: "(8) the question of the extension of the detention, the higher court judge review the closed hearing, giving the opportunity of expressing their views to the person for whom custody is decided, they advocate and representative, as well as the public prosecutor. The decision may not be appealed. ";
to complement the ninth subparagraph after the word "defendant" by the words "but after conviction judgment — if the penalty imposed by the Court";
consider the current eighth and ninth part on ninth and tenth.
27. Replace article 278. in the third paragraph, the word "Court" with the words "judge".
28. Turn off 281. the first part of the article.
29. off 298. article.
30. To complement the 324. the first part of the article with the words "after the location of the crime or the investigation or prosecution by the authorities of the location where records are a particular process".
31. Supplement article 328. with the sentence as follows: "in case of need to invite you can use other forms of communication."
32. in article 330: replace the first paragraph, the number "3" with the word "two" and the word "and" with the word "or";
to complement the second subparagraph with the words, "but the person who is invited for the first time, on the place of residence or registered office";
turn off the fourth.
33.333. Article: turn in the second paragraph, the words "with the exception of this law, article 330 of the cases set out in the fourth paragraph";
replace the third paragraph, the words "the number 330 in the fourth paragraph of article" with a number and the word "the" in article 330.
34. To supplement the article with new 337. the fourth paragraph as follows: "(4) the decision of the President of the Court in the second paragraph of article 4 and 5 in the cases referred to in point is final.";

consider the fourth, fifth and sixth respectively on the fifth, sixth and seventh.
35. off 339. Article, second paragraph, the words "the decision on the refusal to initiate criminal proceedings or".
36. Replace 342. in the first paragraph, "process Guide" with the words "the beneficiary".
37. To supplement the article with 343. the third paragraph as follows: "(3) if the complaint is not filed in the language of the country, for its consideration at the beginning of the period of availability of translation be day, and notify the complainant."
38. Express 367. the first paragraph of article 6 paragraph 5 by the following: "5), amounts spent into evidence storage, transfer, and disposal and destruction;".
39. article 371, expressions of the second part as follows: "(2) the Prosecutor may send materials for consideration for the investigating authority to initiate criminal proceedings or the extent of their competence in connection with any act referred to in article 369 of the public prosecution in the case."
373. Article 40: Add to the article with the new fourth subparagraph by the following: "(4) where an authorized officer, the procedural examination of materials, finds that the offence committed by a minor who has not reached the age of 14, it shall take a decision on the refusal to initiate criminal proceedings and materials sent to the resorisk examination question for decision about the educative nature coercive means.";
believe the current quarter for the fifth part of the article;
to supplement the article with sixth and seventh paragraph as follows: "(6) the Prosecutor or the Court complaint about the refusal to initiate criminal proceedings must be considered within 10 days from receipt of the complaint or its translation accessibility day, if the complaint is not filed in the language of the country. In exceptional cases, when the examination of the complaint requires additional time, permitted the examination within 30 days by notifying the complainant.
(7) the meeting against a decision to refuse to launch criminal proceedings, the public prosecutor or the Court may totally or partially cancel or amend the decision under appeal. A public prosecutor or a judicial decision is final. "
41. article 412: Supplement to the third subparagraph of paragraph 1, the words "or decides on their introduction to the Criminal Court of ma teriāl";
turn off the third part 3;
replace the third paragraph, the words "in paragraph 4, the final date for lodging applications" with the words "immediately after receiving a copy of the materials of the criminal case or a presentation with a criminal case materials";
turn off the fifth paragraph, the words "and establish a reasonable final deadline for submission of applications";
to make an eighth of the following: "(8) If the accused is presented with the Criminal Court, Prosecutor on the written protocol.";
turn off the ninth;
make a tenth as follows: "(10) a copy of the material after the criminal issue or a presentation with a criminal case materials and receipt of the information from the accused the Prosecutor shall decide on the transfer of criminal proceedings the Court."
42. To complement the 414. article with the seventh subparagraph by the following: "(7) If criminal proceedings are terminated, but a criminal case materials contain the news that an offence committed by a minor who has not reached the age of 14, the driver decides on the process of empowering the Court to send the material nature of the coercive measures."
43. Express 415 article sixth as follows: "(6) the termination of criminal proceedings, a degree of relief from criminal responsibility, the public prosecutor may impose on the accused in criminal law obligations."
44.420 and 421. Replace the first paragraph, the word "terminated" with the word "Finish".
45. Make 425. the first paragraph by the following: "(1) the driver of the process after it launched the investigation procedure in immediacy: 1) find out the circumstances of the crime;
2) identify crime victims;
3) inquire with the crime damages nature and amount;
4) inquire eyewitness accounts of the event;
5) survey of the person and the witnesses against which criminal proceedings initiated;
6) if necessary, make the event site or other investigative activities;
7) can be fixed all found in one of the Protocol;
8) shall take a decision on the recognition of the person as suspect, may decide on the imposition of a;
9) identify other conditions, which is of importance in the matter. "
46. To complement the 426. the second paragraph of article with the sentence the following wording: "the Prosecutor may continue the general criminal procedure."
47. To complement the 430. the first part of the article with the sentence the following wording: "the Prosecutor may continue the general criminal procedure."
48.432. Article: turn off the second part;
make the third paragraph as follows: "(3) the Prosecutor in criminal cases together with the decision on the transfer of criminal proceedings the Court shortened the process order sent to the Court by the first part of the operations."
49. To complement the 445. the first subparagraph of paragraph 3 as follows: "3) all court judges is reset or rejected."
50. Make 471. the second subparagraph by the following: "(2) the judgment of the introductory paragraph and operative part the Court courtroom hear the persons present, standing up."
51. Make 475. the first paragraph by the following: "(1) unless the Court has two or more criminal than one person offences committed or more person membership or participation in one or more of the criminal offence, criminal proceedings for these offences combined, except when combining criminal proceedings significantly complicated criminal proceedings."
52. To replace the third paragraph of article 54, the words "police authority" with the words "the national probation service authority".
53. Article 531 to replace the second paragraph, the words "the victim, as well as defender and Prosecutor" with the words "the public prosecutor, as well as defender and the victim".
54. Make 575. the second subparagraph by the following: "(2) Of this law, a serious irregularity may admit the accused or the victim's expulsion from the courtroom, where it has been unwarranted, and it is essential to limit the procedural rights of individuals and thus resulted in the illegal ruling."
55. the supplement 651. the first part of the article with the sentence the following wording: "sentenced unjustified absences in question can be decided without his presence."
56. Add to 652. the first part of the article with the words "but the question of the replacement of the fine, the Court".
57. To exclude the 665. Article 1 of the words "or in the case of lower-level izspriedus Court".
58. To replace the transitional provisions in paragraph 14 of the numbers and the words "1 June 2006" with the figures and the words "1 January 2007".
The law shall enter into force on 1 February 2006.
The law adopted by the Parliament in 2006 on January 19.
The President of the Parliament instead of the President i. Otter Riga 2006 27 January Editorial Note: the law shall enter into force by February 1, 2006.