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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, no. 11) as follows: 1. Turn off the article 29 of the second subparagraph of paragraph 3, the words "institutions, which are subject to an administrative investigator's boss, or".
2. Article 37: turn off the second part of paragraph 3;
Supplement third part with point 7 by the following: ' 7) to participate in a hearing where the investigating judge shall decide on the authorisation of coercive measures and the special investigation activities. "
3. Add to 229 the first part of the article after the word "Protocol" with the word "reports".
4. Replace article 265, first paragraph, first sentence, the word "After" with the words "personal detention or after".
5. in article 277: Add to the third paragraph after the word "registry" with the words "but during the period of pre-trial detention hearing myriad until completion of the proceedings before the Court of first instance";
to supplement the article with the ninth subparagraph by the following: "(9) Arrested person must be released immediately if the detention exceeds the maximum specified in Criminal custodial sentence term, which the Court may order the criminal offence of which the person accused."
6. Supplement 337. the second paragraph of paragraph 2, after the word "coroner" with the words "or a coroner in Chief".
7. Express 342. the first paragraph by the following: "(1) received a complaint, the driver of the process within three working days of its receipt, shall decide on the appeal proceedings or sends it by jurisdiction."
8. Turn off 367. the first paragraph of article 6, paragraph 1, the words "as well as the daily allowance".
373. Article 9: replace the words "in the first paragraph of this decision in the form of a resolution on the application of" with the words "shall take a decision in the form of a resolution";
to make the fourth subparagraph by the following: "(4) the decision on refusal to commence criminal proceedings of this Act 369. the second paragraph of article 1, 2, and 4. the persons referred to in paragraph 1 within 10 working days of notification of the appeal to the public prosecutor, if the decision is accepted by the coroner, or post a higher prosecutor, if the decision is accepted by the Prosecutor, but the private prosecution proceedings — superior court."
10. To supplement the article with 378. fifth paragraph by the following: "(5) if the suspect or the accused hiding and his unknown location, process guide advertised that person search."
11. Add to 387. the first part of the article with the words "unless the Attorney General is asked to do".
389. Article 12: replace the first paragraph, the words "legal restrictions" with the words "all procedural coercive measures and restrictions on the property";
to supplement the article with the third part as follows: "(3) that this article is referred to in the first subparagraph before the expiry of the criminal proceedings are suspended when stopped in the criminal proceedings."
13. Express 390. the third part as follows: "(3) a decision on the merger of one of criminal records at the request of the promoters of the process within their competence adopt the district (municipal) Court or Prosecutor of the County Chief Criminal Prosecutor, Department or the Attorney General, to combine criminal records. The decision may not be appealed. "
391. Article 14: replace the second subparagraph of paragraph 1, the word "defendant" by the words "the suspect or the accused" and the word "accused" — with the words "the suspect or the accused";
supplemented with the sentence of the fourth subparagraph by the following: "decision may not be appealed."
15. off 423. Article, first paragraph, first sentence.
16. Replace the first paragraph of article 425 of paragraph 6, the words "alleged perpetrators" with the words "persons against whom criminal proceedings been initiated."
17. Make 535. the third part as follows: "(3) if the judgment was given in a language that the accused understands the Court provides a written translation of the judgment to him in plain language."
18. Express 561. the first paragraph by the following: "(1) the appeal court appearance of three judges, one of whom is the Chairman of the hearing. The thing to be in the order laid down by the Criminal Court of first instance, except in this chapter. "
19. transitional provisions: Supplement 13. subparagraph 1 of paragraph with the words "electronic information system for the control of existing data, transmitted data content control";
transitional provisions be supplemented by 14, 15, 16, 17 and 18 the following: "14. the driver, if there is no possibility to invite counsel who concluded a contract with the legal aid administration, is exceptionally right through to June 1, 2006 for the provision of defence counsel, which invite to such a contract is not. In this case, the advocate within one month from the date of provision of legal aid shall submit a notification to the legal aid administration on the provision of legal assistance by promoters of the process.
15. The prosecution and investigation authorities within one month from the date of entry into force of this law, shall decide the question of criminal proceedings or to initiate criminal proceedings in connection with the applications received for the prepared or committed criminal offences for which had begun testing the Latvian Criminal Procedure Code in article 109.
16. Complaints that the proceedings instituted in accordance with the Latvian Criminal Procedure Code, article 220-222, decided that in accordance with the procedure laid down in the code.
17. Until the law will enter into force, which lays down the procedure for the keeping in custody, but no longer than up to 2006 in force on 1 April 2003 the Cabinet of Ministers of 29 April 2004, Regulation No 211 "investigation prisons internal rules" to the extent they do not conflict with this Act.
18.Ar entry into force of this Act shall terminate the criminal procedure code of Latvia. "
The law shall enter into force on 1 October 2005.
The law adopted by the Parliament in December 2005 on September 28.
State v. President Vaira Vīķe-Freiberga in Riga in 2005 30 September Editorial Note: the law shall enter into force by 1 October 2005.