Amendments To The Latvian Code On Execution Of Punishments

Original Language Title: Grozījumi Latvijas Sodu izpildes kodeksā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
 
The Saeima has adopted and the President promulgated the following laws: the amendments to the Penal Procedure Code of Latvia in Latvian penal procedure code in the following amendments: 1. Turn off the article 10, first paragraph, the words "for deprivation of liberty, the resettlement of the exiles".
2. Make the text of article 12 as follows: "the General Prosecutor of the Republic of Latvia and prosecutors subject to him ensures supervision of the enforcement of custodial sentences and the law of the Republic of Latvia accurate and uniform compliance with the deprivation of liberty, to correct and prevent new convicted of a criminal offence."
3. Express article 15 the second subparagraph by the following: "as soon as the convict started penal, penitentiary administration gives him a chance to immediately inform relatives on parole."
4. Express article 16, first paragraph the following wording: "sentenced to imprisonment, which the punishment to be served a custodial institution, can leave jail with investigation, city or District Court of the District Attorney's decision for a period of up to three months, but with the Attorney General's decision, for a period up to six months, if you need to make enquiries or by a court decision, adopted in accordance with the proceedings in the Court, to the hearing."
5. Turn off the article 17.
6. Replace article 20, the words "to" with the words "to certain things" and the word "sanctions" — with the word "decision".
7. To make article 41 eighth as follows: "a custodial institution or his or her authorized superior officer has the right to request the authorities to show the visitor identity documents, as well as to make this person and their belongings and crawling."
8. Express 41.1 article title and the first paragraph by the following: ' article 41.1. Mode requirements of penitentiary establishments located in the territory of the penitentiary establishments in the territory allowed to contract work for administrative and engineering staff to directly control the convicts work as well as skilled workers. "
9. Turn off the third subparagraph of article 43, the words "and should not exceed one Cabinet of Ministers fixed minimum monthly wages".
10. Article 45: Add to the article with the new third and fourth subparagraph by the following: "convicted by registering marriage with the custodial authorities administration permissions can be assigned to more lasting up to 48 hours to meet me.
Those convicted are not allowed contact with arrested persons and persons serving sentences in other penitentiary institutions. ";
consider the current third and fourth respectively on the fifth and sixth.
11. Put the name of article 46.1 the following: "article 46.1. Spiritual care custodial institutions ".
12. Article 47 of the expression as follows: "article 47. Convicts the right to post and contribute in the penitentiary institutions with shipments and is allowed to receive contributions only in non-food items. The order in which the messages or contributions shall be adopted and issued, as well as a list of items that are allowed to receive the consignment and contributions, regulated by the Cabinet of Ministers regulations.
In closed prisons, partially closed prisons, and in the upbringing of minors sentenced by the authorities who are allowed to wear personal clothing, you can get it by post and contributions.
Convicts are allowed to receive the consignment, or contributions for 12 years. "
13. Article 49: to complement the second paragraph after the word "relatives" with the words "or spouse";
Add to sixth after the word "its" with the words "the recipient".
14. Article 50: make the second paragraph by the following: "list of convicted with UN institutions, parliamentary human rights and Public Affairs Commission, the national human rights office, the public prosecutor's Office, Court, advocate, as well as foreign nationals convicted in correspondence with their own country or the country of the diplomatic missions or consular posts, authorised to represent his interests, not subject to inspection. Convicted correspondence with UN institutions, parliamentary human rights and Public Affairs Commission, the national human rights office, the public prosecutor's Office, the Court, as well as foreign nationals convicted in correspondence with their own country or the country of the diplomatic missions or consular posts, authorised to represent his interests, is covered from the custodial authorities. ";
turn off third.
15. in the first subparagraph of article 50.1: Supplement part after the word "part" with the word "and";
exclude the words "nature of the crime, the earlier convictions, attitudes toward other convicts and prison staff".
16. the express article 50.3 as follows: "article 50.3. Execution of the regime Sentenced in closed and semi-closed prison sentence being served in the three degrees — the lowest mode, middle and upper.
Execution mode in closed prisons, and partly in closed prisons, this code, which provide for the punishment of execution mode: 1) progressive relaxation, to prepare for the release of the convicted and promote his into life after parole;
2), to ensure that the requirements set out in law the convicted behavior.
Prisoners can be moved from a closed prison sentence mode for the highest grade on the partially closed prison sentence mode peak after served no less than half of the time, but the penalty from a closed prison sentence mode for the highest grade on the open prison after served not less than two-fifths of the penalty time, subject to the condition that the convict had no disciplinary record and it will promote his entry into life after release.
If convicted, the procedure laid down in this code has been subject to disciplinary punishment for flagrant violation of individual or systemic irregularities, him with the custodial authorities decision of the Administrative Commission may move from the open prison on a semi-enclosed prison sentence mode of the lowest degree, but from a closed prison to a closed prison sentence mode the lowest level. "
17. in article 50.4: turn off third;
to make the fourth and fifth by the following: "Convicted launches penal regime for the lowest grade. After inserting them in prison to be served in that capacity for not less than one quarter of the penalty imposed. The pre-trial detention if convicted and a fine in place of execution suffered one quarter of the sentenced penalty and did not commit serious or systematic violations of the regime, him with the custodial authorities decision of the Administrative Commission may move from the penal regime of grade to the penal regime average grade. Not less than one-quarter of the sentenced him to endure the punishment in penal mode average power, but the remainder — penal regime at the highest level. The pre-trial detention if convicted and a fine in place of execution suffered half under penalties and did not commit serious or systematic violations of the regime, him with the custodial authorities decision of the Administrative Commission may move to the penal regime of the highest degree. From the penal regime of grade him with custodial authority decision of the Administrative Commission may move to partially closed prisons or in law before the date of the release.
The fourth paragraph of this article shall not apply to those convicted to imprisonment for life (life imprisonment) and the persons who replaced the death penalty with deprivation of liberty. These persons in a closed prison sentence mode for the lowest grade should be served no less than five years parole mode average grade, not less than ten years, but the rest of the punishment part of the sentence mode — the uttermost. ";
off the seventh, eighth and ninth paragraphs of part 2;
Replace paragraph 9 the seventh subparagraph the word "ambulance" with the words "medical";
Add to article 10 by the following: "the rights referred to in this article shall wear personal clothing, independently visit the prison medical part, shop, cafeteria and library, participate in activities outside the prison in a separate block, does not apply to those convicted to imprisonment for life (life imprisonment) and the persons who replaced the death penalty with deprivation of liberty."
18. in article 50.5: make the first paragraph by the following: "partially closed jail sentence being served: 1) women for an intentional crime;
2) men on intentional less serious crime;
3 convicted for a criminal offence or) less serious crime of negligence, if they previously suffered a penalty in jail;
4) inmates for less serious crime of negligence, if sentenced to deprivation of liberty for a period exceeding five years;
5) men for serious or particularly serious crime, if the crime they had reached eighteen years of age;
6) persons who replaced the fine with the deprivation of liberty;
7) persons not served either — the police control — replaced with imprisonment;
8) inmates transferred from a closed prison due to the exemplary behaviour;

9) inmates transferred from open prisons due to the coarse or systematic breaches of discipline;
10) inmates transferred from correctional institutions for minors after adulthood if they are prosecuted for serious or particularly serious crime. "
to make the third and fourth subparagraph by the following: "after the insertion in prison sentenced to not less than one-fifth of the sentence to be served in a fine time sentence mode for the lowest grade. Not less than one-fifth of the sentence to be served to him in parole mode average power, but the remainder — penal regime at the highest level. The pre-trial detention if convicted and a fine in place of performance suffered, one fifth of the sentenced penalty and did not commit serious or systematic violations of the regime, him with the custodial authorities decision of the Administrative Commission may move from the penal regime of grade to the penal regime average grade. If the pre-trial detention and convicted execution place endured two-fifths of the sentenced penalty and did not commit serious or systematic violations of the regime, him with the custodial authorities decision of the Administrative Commission may move to the penal regime of the highest degree. From the penal regime of grade him with custodial authority decision of the Administrative Commission can be moved to the open prison or in law before the date of the release.
Women who are sentenced to imprisonment for life (life imprisonment), the penal regime for the lowest grade should be served no less than five years parole mode average grade, not less than eight years, but the rest of the punishment part of the sentence mode — the uttermost. ";
turn off the fifth, sixth and seventh paragraphs of part 2;
Supplement to the eighth article as follows: "the rights referred to in this article with the warden's permission to leave the prison temporarily to the territory does not apply to those convicted to imprisonment for life (life imprisonment) and the persons who replaced the death penalty with deprivation of liberty."
19. in article 50.6: make the first paragraph by the following: "the open jail sentence being served: 1) of the criminal inmates, if they ever endured in a custodial penalty;
2) for less serious crime of negligence, if they have not suffered in the earlier punishment and custodial authorities sentenced to imprisonment for a period not exceeding five years;
3 criminal or less) for committing a serious crime, which, in adulthood the moved from correctional institutions for minors;
4) which moved from partly closed prison on good behaviour. ';
replace the third paragraph, the words "in the territory, which is determined by the warden after coordination with the prison administration" with the words "County area located in a custodial institution";
turn off the sixth paragraph 3.
20. Make the fifth article 50.7 as follows: "for the convicted minors allowed: 1) use the year 12 prolonged contact with close relatives from 36 to 48 hours;
2) use the year 12 temporary rendezvous of an hour and a half to two hours;
3) shopping in the store without the authority limits the amount of money;
4) use six calls a month;
5) with correctional institutions for minors the Chief's permission to leave the territory of the authority up to ten countries per year, as well as the day to leave the body up to five States in connection with the daily close relatives of the death or serious illness that threatens his life. Outside the authorities favour the time spent on parole. "
21. off the first part of article 50.11 in paragraph 3, the words "who served in the regime of the highest fine or medium grade".
22. Supplement article tenth of 50.12 after the word "things" with the words "about parole mode softening."
23. Article 51: supplement the article with a new third subparagraph by the following: "convicted who closed and partially closed prisons sentences being served in the highest mode, with the custodial authorities a written decision to the chiefs, which agreed with the prison administration, may involve work outside the prison area unguarded by ensuring their supervision. ';
consider the third, fourth and fifth respectively on the fourth, fifth and sixth.
24. Article 52 off fifth and sixth paragraph the word "paid".
25. Article 61 of the turn.
26. Express article 64 the following: "article 64. Sentenced vocational training are custodial institutions organized professional learning of basic education to inmates to work while in prison and after release from parole.
Convicted, who are the first and second groups of the disabled, vocational education after their part in the election. "
27. Express article 67 the following: ' article 67. The order in which those convicted of organized training in General and vocational education and training to convicted General and vocational education to organise General and vocational education-regulating laws. "
28. Article 68, first paragraph: make point 2 as follows: "2) allow to use up to six phone calls in addition to year;"; "
Add to part with point 6 by the following: ' 6) in the open prisons — in addition to once a month allow leave outside the prison territory for a period of up to two a day. "
29. Article 70: make the first part of paragraph 4 by the following: "4) prohibit the routine phone calls;"
to make the fourth and fifth by the following: "The coarse parole violations considered mode: 1) natural resistance to authority employees or their dignity and honour of harassment;
2) other convicted natural or otherwise influence the humiliation;
3) alcohol, the illicit manufacture of narcotic drugs or psychotropic substances, storage, distribution;
4) out of the survey, the purpose of which is to establish whether the convict was taking alcohol, narcotic drugs or psychotropic substances;
5) participation or other card game gambling to more material or other benefits, and the winning of extortion;
6) refusal to execute a lawful requirement of the institution;
7) convicted of organising and grouping them in order to counteract the participation of prison administration, legal action or subject yourself to other convicted;
8) other convicted to inciting violations;
9) mobile phone, its components, and the use of the SIM card and storage (except in open prisons);
10) prison intentionally damaging property;
11) open the prison territory arbitrary abandonment.
On the systematic violations constitute the regime penitentiary of internal rules violations committed by two or more times in the last half-year. ";
turn off the sixth point 4.
30. Replace article 71 of the fifth part of the last sentence, the word "sentence" with the words "taxation".
31. Article 74 of the turn in the second paragraph, the words "shall not be issued bedding and.
32. Article 77: Add to the article with a new fifth and sixth the following: "at the request of the convicted parent and family courts (pagastties) with the consent of the child up to four years of age can stay with my mother in a custodial institution in full state maintenance.
The penitentiary administration not later than three months before 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 can stay with their mother in prison. Family courts (pagastties), previously examined the circumstances of the child, the father's residence, shall be forwarded to the child in the care of his father. If the transfer of the child's father is not possible, the family courts (pagastties) provide for the child's care ārpusģimen. Choosing a child's future place of residence, family courts (pagastties) take into account the views of the child's mother. ";
consider the current fifth and sixth respectively for the seventh and eighth.
33. off the fifteenth chapter.
34. Article 112: make the second sentence of the first paragraph the following wording: "If a custodial sentence the time expires on a Saturday, Sunday or public holiday, sentenced released Friday or the day before the holidays.";
make the second sentence of the sixth paragraph the following wording: "If parents dead, unknown or deprived them of the right to custody or care or guardian is canceled, the prison administration shall inform the national probation service and family courts (pagastties) at the former residence of the exempted."
35. off 115. the second part of the second sentence.
36. Article 116 of the expression as follows: "article 116. Exemption from penal sickness if the convict penal time ill with psychiatric illness or other serious, incurable disease, which he is unable to continue in the sentence, imposed the penalty enforcement authority shall ensure that in accordance with the law are made for inspection. Having regard to the opinion of the physician, the penalty enforcement authority may propose to the Court to release the person from the subsequent sentence.

The application for the release of the convicted a further sentence along with the opinion of the doctor and information about the sentenced health or mental state at the time of the sentence, as well as information about the person's possible future location of dispatched the district (City) Court in whose territory the operation execution authority. "
The law adopted by the Parliament at the 2004 11 November.
State v. President Vaira Vīķe-Freiberga in Riga 2004 November 25 Editorial Note: the law shall enter into force on 9 December 2004.

Related Laws