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Punishment Register Act

Original Language Title: Sodu reģistra likums

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The Saeima has adopted and the President promulgated the following laws: the law, chapter I of the register. General provisions article 1 the purpose of the law is to create a single record of criminal offences and administrative infringements committed by persons, as well as to ensure State and local government authorities and other interested parties in obtaining information on the register (hereinafter register) stored messages.
2. article in the register is collected, processed and stored information: 1) of the legal persons who apply coercive influence, on the natural persons who have been detained in the Republic of Latvia, are held suspect, accused, convicted, acquitted of committing criminal offences, against whom criminal proceedings have been terminated, as well as persons to whom the administrative penalties applied in the Republic of Latvia;
2) for Latvia registered entities, the Latvian citizens, non-citizens of Latvia, Latvia received the permanent residence permit for foreigners, stateless persons and refugees who have committed criminal offences and administrative infringements in other countries.
Article 3 (1) the register shall include the particulars are restricted access information, excluding information that other laws and regulations for general information.
(2) the register shall include the particulars be disclosed in this and in accordance with the procedure prescribed by law.
Article 4 register is a national information system that provides administrative and criminal responsibility for the determination of the required information. The registry administrator and the holder is the Interior Ministry's information center.
Article 5 details of punishment in Latvia registered foreign legal persons, foreign citizens of Latvia, punished the Latvian non-citizens in Latvia have received a permanent residence permit for foreigners, stateless persons and refugees shall be included in the register in accordance with the Republic of Latvia to binding international agreements.
Chapter II. To be included in the register news article 6 Of criminal detainees to be included in the register the following particulars: 1) person's name (name), surname;
2) personal code (foreigners, stateless persons and refugees in addition to indicate the date of birth);
3) nationality and its type;
4) residence (the declared and actual);
5 the number of preliminary criminal proceedings) in criminal proceedings;
6) date when the criminal proceedings initiated;
7) criminal legal qualifications;
8) the date when the person was detained, as well as the name of the authority the person detained;
9) the name of the authority, which is located in the criminal proceedings;
10) date when the detained person is released, as well as the name of the authority the person exempted, not making a decision on the recognition of the person as suspect;
the law of criminal procedure article 11), part of the point at which criminal proceedings are terminated, and the date of termination;
12) news on the exchange of personal data (date, old and new data).
Article 7 of the criminal offence of the suspected person to be included in the register the following particulars: 1) person's name (name), surname;
2) personal code (foreigners, stateless persons and refugees in addition to indicate the date of birth);
3) nationality and its type;
4) residence (the declared and actual);
5) the name of the authority, which is located in the criminal proceedings;
6) the number of criminal cases in pre-trial criminal proceedings;
7) date when the criminal proceedings initiated;
8) the date when the person recognized as the suspects, as well as the name of the Authority adopted a decision on the recognition of the person as suspect;
9) criminal legal qualifications;
10) the date when the person was lifted in recognition of suspects, and the name of the Authority adopted a decision on the cancellation;
11) date when the suspected person released, as well as the name of the authority the person exempted;
12) security features, its application, alteration or cancellation date and the name of the authority of the decision taken by the concerned;
13) Criminal Division or merger, the date, the name of the Authority adopted a decision on merging or splitting of the criminal proceedings, and added or split the number of criminal cases;
14) date started or finished the search for a person by name of the authority or the person initiating the finished search, and search case number;
15) criminal proceedings stop or the renewal date, the name of the Authority adopted a decision concerning the suspension or renewal of criminal proceedings;
the law of criminal procedure, article 16), the part, the point at which criminal proceedings are terminated, and the date of termination;
17) news on arrested persons moving prisons;
18) news on the exchange of personal data (date, old and new data);
19 the prosecution authority) that the criminal prosecution of the initiation of the sent against the person, criminal, ship date, the name of the authority of the public prosecutor's Office was sent to criminal matters;
20) the name of the authority with jurisdiction in criminal matters sent by (also the name of the country, where the case was sent to a foreign country), criminal the shipment date, the name of the authority the criminal sent by jurisdiction.
Article 8 of the criminal offence the accused person to be included in the register the following particulars: 1) person's name (name), surname;
2) personal code (foreigners, stateless persons and refugees in addition to indicate the date of birth);
3) nationality and its type;
4) residence (the declared and actual);
5 the name of the authority of the public prosecutor's Office), which is located in the criminal proceedings;
6) the number of criminal cases in pre-trial criminal proceedings;
7) date when the criminal proceedings initiated;
8) security features, its application, alteration or cancellation date and the name of the authority of the decision taken by the concerned;
9) criminal legal qualifications;
10 suspension or criminal proceedings) the renewal date and the name of the authority of the public prosecutor's Office, which decided on the suspension of criminal proceedings or renewal;
11) criminal merger or Division, its prosecution of date name of the Authority adopted a decision on merging or splitting of the criminal proceedings, and added or split the number of criminal cases;
12) date started or finished its search for a person by name of the authority of the public prosecutor's Office, which initiated or completed the personal search, and search case number;
13) the prosecution launch date and the name of the authority of the public prosecutor's Office, which launched a criminal prosecution;
14 the name of the Court), to which the criminal, criminal sent the shipment date, the name of the authority of the public prosecutor's Office, which sent a criminal court;
the law of criminal procedure article 15), part of the point at which criminal proceedings are terminated, and the date of termination;
16) details of arrested persons in the movement;
17) news on the exchange of personal data (date, old and new data);
18) probation and imposed obligations, termination of criminal proceedings, a degree of relief from criminal responsibility;
19) the date when the criminal proceedings terminated, applying the Prosecutor's statement about the punishment, and the name of the public prosecutor's Office, which shall terminate the criminal proceedings, the Prosecutor's statement about it;
the law of criminal procedure article 20), part of the point at which criminal proceedings are terminated, on the application of the Prosecutor's statement;
21) penalties applied and measured;
22) date when the Prosecutor's statement to run as punishment prescribed penalty;
23) the name of the authority with jurisdiction in criminal matters sent by (also the name of the country, where the case was sent to a foreign country), the date of dispatch of the criminal proceedings, the public prosecutor's Office in the name of the authority with jurisdiction in criminal cases was sent after;
24) name of the Prosecutor's Office, which sent a criminal investigation of criminal cases supplementary ship date, the name of the authority that sent additional criminal investigation.
Article 9 of the criminal offence (eligible) convicted persons to be included in the register the following particulars: 1) person's name (name), surname;
2) personal code (foreigners, stateless persons and refugees in addition to indicate the date of birth);
3) nationality and its type;
4) residence (the declared and actual);
5 the name of the Court), which is located in the criminal proceedings;
6) the number of criminal cases in pre-trial criminal proceedings;
7 the hearing of criminal proceedings) or the renewal date of the suspension and the name of the Court which decided on the suspension of the hearing of criminal or renewal;
8 the merger or Division of criminal proceedings) date, the name of the Court which decided on the merger or Division of the criminal proceedings, and added or split the number of criminal cases;
9) date when launched or completed the search of the person, the name of the Court, which launched or completed the personal search, and search case number;
10) date on which the judgment or decision made (hereinafter the decision), which become final;
11) name of the Court declares, having been convicted by a final judgment in criminal cases;
12) criminal law article, part, point, after which the person convicted (acquitted);

the law of criminal procedure article 13), part of the point at which criminal proceedings are terminated, and the date of termination;
14) under penalties, the Mayor and the obligations imposed by the Court;
15) about compensation;
16) the date when the ruling becomes final;
17) news about medical or educational nature, the application of coercive measures (date of application, the name of the Court which applied the compulsory feature, and the type of coercive measures);
18) the name of the judge who pronounced the legal rulings which have entered into force;
19) application of amnesty or pardon;
20) the date when the penalty imposed was served (executed);
21) news on the transfer of convicted persons in prisons, as well as the release of (the name of the prison grounds for and date of release);
22) its name of locality to which the person chosen to go after release from prison;
23) news on the amendment under penalties (title, date, and the new penalty);
24) news about a person's criminal record to remove the (name of court and date);
25) news on the exchange of personal data (date, old and new data).
Article 10 Of the legal entity the appropriate coercive influence feature to be included in the register the following particulars: 1) the name of the legal person;
2) legal entity registration number;
3) registered office;
4) number of criminal pre-trial in criminal proceedings;
5) date when the criminal proceedings initiated;
6) date when the process started for the forced influence the imposition of a legal person;
7) name of the Court declares, having been convicted by a final judgment in criminal cases;
8) criminal law article, part, point, after which the physical person of the interest of the person so convicted of criminal offences and the legal entity suitable for forced influence product;
9) suitable means of influencing the type of coercive and Mayor;
10) date when the ruling becomes final;
11) the name of the judge who pronounced the legal rulings which have entered into force;
12) date when the Court of criminal proceedings ceased in part on the application of coercive influence;
13) date when the forced influence feature executed;
14) details of legal change of personal data (date, old and new data).
Article 11 Of the administrative offences committed by persons included in the register the following particulars: 1) person's name (name), surname;
2) personal code (foreigners, stateless persons and refugees in addition to indicate the date of birth);
3) nationality and its type;
4) residence (the declared and actual);
5) legal persons name, registered office and registration number;
6) administrative offences code of Latvia or other regulatory acts, part of the article, the point at which there is a specific offence for which the person committing to administrative liability called;
7) administrative offence date, place, time and administrative irregularities in the drawing up of the Protocol to date;
8) body (Officer) or delegated the task of sponsoring individuals which has the administrative violation Protocol and protocol number;
9) administrative infringement case number;
10) news on administrative penalty [authority (Officer) or delegated the task of sponsoring individuals who applied the penalty decision number date of application of the fine, penalty, and Mayor];
11) recovered property loss claims;
12) date when the penalty was served (executed);
13) news on the exchange of personal data (date, old and new data).
Article 12 to be included in the register particulars of the document (the document title, date, number), on the basis of which was the inclusion of news and news supplementing or adjustment.
Article 13 (1) of the Ministry of Interior Information Center for inclusion in the register prescribed by the Cabinet of Ministers and to the extent provided in such institutions: 1) the investigating authorities;
2) prosecution authorities;
3) courts;
4) prison administration;
5) National Pardon the Office service;
6) authorities (officials) or delegated the task of investigating individuals who draw up a Protocol on administrative violation;
7) institutions (officials) or delegated the task to requesting individuals empowered to examine cases of administrative offences;
8) other State and local authorities, which is to create the required Registry information.
(2) the first paragraph of this article, the authorities are responsible for the timely delivery of messages to the registry and this post compliance with its supporting documents.
Article 14 to ensure truthful and up to date of this law, 6, 7, 8, 9, 10 and 11 of the information referred to in article storage and completeness of the report, the Ministry of Interior Information Center is entitled to request and receive free information from State and municipal institutions and individuals carrying out delegated administration tasks.
Chapter III. The registry includes the reporting for article 15 (1) the right to receive messages from the registry are: 1) the individuals — about themselves, as well as specific legislation for the purposes and in the amounts — other registry information;
2) operational entities, the investigating authorities, the prosecution authorities and the courts — the institutions regulating the statutory functions;
3) authorities empowered to examine cases of administrative offences, their records existing administrative infringement proceedings;
4) other State and local authorities, within the limits laid down in the laws and for the intended purposes;
5) employers to verify an individual's compliance with the laws and restrictions, making their work or service (including the laws that provide for appropriate limits);
6) advocates for the jury the person defended in criminal proceedings or administrative offences.
(2) the register shall include the particulars prescribed by the Cabinet of Ministers issued by the Interior Ministry's information center.
(3) the first paragraph of this article, the requested Party shall provide, not later than 15 working days from receipt of the request. If the required information cannot be provided within the time limit set, the message requesting the execution of the request is informed of the reasons for the delay.
Article 16 individuals in the order of the Cabinet of Ministers may receive inquiries from: 1) in the registry database for current convictions, not deleted (removed), the particulars of the natural or legal person the administrative penalties applied in cases of infringement, from which prison time has passed less than a year, as well as legal persons suitable for forced influence;
2) registry archive database for delete (remove) convictions, for criminal proceedings in which the person was acquitted, the particulars of the natural or legal person the administrative penalties applied in cases of infringement, from which prison time has passed more than a year, met the nature of compulsory educational funds, medical termination of application of coercive measures, the entities fulfilled appropriate influence. forced
Article 17 (1) for the purpose of scientific or statistical research news from the register shall be issued by the Cabinet of Ministers in the order and volume.
(2) Messages that are issued for the purpose of scientific or statistical studies, may not contain personally identifiable data.
Article 18 (1) On receipt of the certificate of registry of State fee payable to the Cabinet in the order and amount.
(2) State and local authorities are exempt from payment of State fees for receiving the certificate from the registry.
Article 19 (1) News of the registry to provide foreign law enforcement authorities permitted cases and in the order prescribed by the Republic of Latvia to binding international treaties.
(2) Message exchange with foreign law enforcement authorities is going international in the language specified in the agreement and in order.
(3) From foreign law enforcement agencies received messages provide a translation into the language of the country.
Chapter IV. The registry includes the message retention period of article 20 (1) the register shall include the particulars are classified into current database and archive database.
(2) Current database stores messages in the criminal proceedings pending in the Court, appropriate educative nature of forced features, medical coercive means, suitable for legal persons forced to influence means an individual's criminal record, which was deleted (removed), as well as details of the natural or legal persons under administrative penalties applied in cases of infringement, from which prison time has passed less than a year.
(3) The archive database stores the details of the termination of the criminal proceedings, executed dzinoš nature forced au, funds, medical termination of application of coercive measures, to comply with legal persons suitable means of influence, forced delete (remove) convictions, criminal cases in which an individual is exempted from criminal liability or justified, as well as details of the natural or legal persons in cases of infringement appropriate administrative penalties, if parole is passed more than a year.
Article 21

(1) Information from the registry snapshot databases are moved to the archive database of the register, if the person is acquitted by a court, released from criminal responsibility or punishment, if it ended a medical or educational nature, the application of coercive measures, if a legal person is terminated influencing the application of forced features, after dropping criminal (removal) If criminal proceedings are terminated when, on administrative parole one year has passed, as well as due to the physical death and the liquidation of the legal person.
(2) Register the archive database news on criminal offences and administrative infringements committed individuals are stored in the 10 years after that person's death.
(3) Register the archive database details of the legal entity administrative violations and legal person of suitable means of forced influence is kept for a period of 10 years after termination of the legal person.
(4) after the expiry of the time limit for storage of archive Records in the database, the existing messages are destroyed, and the legislation is drawn up.
Transitional provisions 1. With the entry into force of this law shall lapse the punishment register Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2001, nr. 22; 2003; 2005, 14 no, no. 12).
2. until the law into force, but not longer than until 1 March 2006 has the following Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) the Cabinet of Ministers of 21 May 2002, the Regulation No. 191 "regulations on the State fee for the issue of the certificate of the punishment register";
2) Cabinet of Ministers on 13 April 2004 the Regulation No. 281 of "arrangements be submitted for the inclusion of penalties in terms of registry and served on the register of the fine."
3. The Cabinet of Ministers until 1 March 2006 manages this law article 13, first paragraph, the second paragraph of article 15, article 16, article 17, first paragraph, and article 18 of the provisions referred to in the first paragraph.
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law in 2005 to 13 October.
State v. President Vaira Vīķe-Freiberga in Riga 2005 October 20 editorial Note: the law shall enter into force on 21 October 2005.