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The Amendments To The Law On Operational Activities

Original Language Title: Grozījumi Operatīvās darbības likumā

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The Saeima has adopted and the President promulgated the following laws: the law on operational activities to make operational activities Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1994, nr. 1; 1995, no. 18; 1997, no. 15; 2002, no. 16; 2005, nr. 14), the amendments are as follows: 1. Replace the words "the whole law of criminal procedure code of Latvia" (fold) with the words "criminal law" (fold).
2. Supplement article 6, first subparagraph, with 7.1 points as follows: ' 71) controlled delivery; ".
3. To make article 7 the sixth subparagraph by the following: "(6) a judge's consent is not necessary operational measures in particular way against detainees, suspects, defendants, who accused notiesātaj persons and operational entity or entities in the penitenciār, and also in cases where the operational entity, upon the written application of a specific person listens to this person."
4. Express article 11 the first paragraph by the following: "(1) operational entities, subject to the conditions referred to in the second subparagraph, shall be entitled, without disclosing his identity and the true reasons, look at the space, territory, and other public affairs."
5. To supplement the law with article 9.4 as follows: "article 15.1. Controlled delivery (1) controlled delivery of goods or other value (including substances, payment instruments or other financial instruments) moving through the territory of Latvia or across national borders and the movement of persons associated with this control, the purpose of which is to prevent or detect criminal offences committed by them and find out if the person received the message or has a reasonable suspicion about the value of the goods or other link with the criminal offence.
(2) the importation of goods and substances of controlled delivery, which the free sale and purchase is prohibited by laws and regulations or these activities require a special permit, the goods or substances may be totally or partially remove or swap.
(3) controlled delivery is not allowed if it is not possible to completely prevent: 1) danger to human life or health;
2) of human life the spread of dangerous substances;
3) criminals from escaping;
4) or irreversible ecological disaster economic loss.
(4) controlled delivery is to be made on the basis of the operational entity officials accepted a decision by the Prosecutor.
(5) where a controlled delivery time in other ways in particular to operational activities, permit it to be received for the implementation of this law. "
6. Replace article 18, first paragraph, second sentence, the words "subject to the mandatory mode" with the words "prepared according to this law, the law" on State secrets ", the freedom of information act and other information protection laws and regulatory requirements."
7. Replace article 21 in the fifth subparagraph, the word "cognitive" with the word "criminal".
8. Express article 24, first paragraph as follows: "(1) operational activities over the course of the information obtained is classified as restricted access information or State secrets. Such information as evidence in criminal proceedings may be used only in criminal law, providing operational measures and involve personal privacy and security. "
9. in article 28: make the first part of paragraph 4 by the following: "4) by mutual agreement to use operational measures owners or possessors of owned space, property, things, as well as vehicles and other property;"
make the first part of paragraph 6 by the following: ' 6) to create segorganizācij, use organization and registration of economic operators and other records, as well as differences (recognition) to ensure that the operational activities and to create conditions favourable to it. "
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 in 2005 26 October editorial comment: the law shall enter into force on 27 October 2005.