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The Amendments To The Code Of Criminal Procedure Of Latvia

Original Language Title: Grozījumi Latvijas Kriminālprocesa kodeksā

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The Saeima has adopted and the President promulgated the following laws: the amendments to the Latvian Criminal Procedure Code of Latvia in the code of criminal procedure the following amendments: 1. Make the sixth subparagraph of article 5.4 paragraph 5 by the following: "5) treatment of alcohol, drugs, psychotropic substances, toxic or other addiction."
2. Supplement article 214.3 points after the word "materials" with the words "by agreement".
3. Express 305. the second subparagraph by the following: "conditionally sentenced a person who committed a criminal offence of alcohol, drugs, psychotropic or toxic substances for dependencies, the Court sentenced consent can impose on him the obligation to seek treatment from alcohol, narcotic, psychotropic or toxic substance addiction, asking the police authority concerned and the body of treatment to control the implementation of this obligation."
4. Supplement article 416.1 part two of paragraph 2, after the word "regulations" with the words "or permitted the violation of rules of criminal law".
5. Add to 472. the first paragraph after the words "international agreements" with the words "as well as European Union legislation".
6. Replace 480. the first paragraph of article 6, paragraph 1, the word "defendant" by the words "the suspect, the accused".
7. To supplement the code with the following: article 488.1 488.4: "488.1 article. Extradition to Latvia from a Member State of the European Union's extradition to Latvia from a Member State of the European Union is based on Latvian Court decision on issuing the European arrest warrant (EAW hereinafter decision).
The European custody decision is a Member State of the European Union the judicial authorities of the judgment given to another Member State to carry out criminal prosecution of persons or of a fine run.
488.2 article. The EAW procedure of adoption of the decision if it is established in this code, the conditions referred to in article 480, process driver for turning district (City) Court with a written proposal to the custody decision.
This code indicates the proposed 476. the information referred to in article and then add 482. the documents mentioned in the article.
The Court shall examine the proposal within ten days of the decision taken and inform the driver of the process.
Where there are grounds for arrest for the decision, the judge shall draw up and sign the European custody decision (annex 3 of this code) and, together with the attached documents sent to the Prosecutor General's Office.
In the course of the hearing of criminal matters the European custody decision of the Court in criminal proceedings is located.
488.3 article. The EAW enforcement decisions when the location of the requested person is known, the Prosecutor General's Office of the relevant Member State of the European Union within the language translated into European custody decision sent to the competent authority of that Member State.
If the custody decision has been adopted to ensure the prosecution of the person before a Member State of the European Union adopted a decision on the issue or the failure of the person, the Attorney General's Office after the promoters may process the Member State's competent judicial authorities to ask: 1), questioning of persons interrogated by participating in the process of the driver;
2 put on time) through take-back time.
If the location of the requested person is known, the custody decision is sent to the Ministry of the Interior for insertion in the international search system.
The Ministry of the Interior, the competent authority shall take over the person within ten days from the date of the decision on extradition or agree with the person in the competent Member State, emitting the judicial authorities of another party taking over. Personal delivery in Latvia within 24 hours, inform the Prosecutor General's Office. The transfer of the person occurs in this code 485. the second, third and fourth paragraph.
488.4 article. With the transfer of a person from a Member State of the European Union the conditions linked to taking over the person from a Member State of the European Union, must comply with this code and 488 487. the conditions referred to in article.
In addition to the first paragraph of this article, the parties issued can be held criminally and tried other criminal offences for which it was issued, and it may issue further to another Member State, when the person, after its takeover of Latvia has agreed to. Following the consent of the person, which is drawn up the Protocol, adopt the public prosecutor or the judge, through lawyer. "
8. Supplement article 492 to fifth after the words "person exempted" with the words and figures "or any of the applicable article 69 of this code provided for security features, except for the first paragraph of article 69 of the security provided for in point 6".
9. To supplement the code with article 506.1-506.9 as follows: "article 506.1. The person issuing Member State of the European Union Person in the territory of Latvia, the issue of prosecution, trial or enforcement of the judgment to the Member State of the European Union, for that person to a foreign State is accepted and the European custody decision is this code issue referred to in article 102.
If the person is issued on this code offence listed in annex 2, and if it made the arrest decision adopted in the country is for a custodial sentence, with a maximum limit of not less than three years, the test of whether the offence is a crime in accordance with Latvian law, also not out.
If a foreign country European custody decision adopted for the Latvian citizen, then extradition takes place on the condition that the person, after the sentencing is passed back to the Latvia under a custodial sentence. Under penalties of execution of this code, article 566.585.
Extradition may be refused if this code 490 is the first paragraph of article 3, paragraph 1, or the second part of the reasons referred to in paragraph 4, and where the offence was committed outside the European custody decision adopted in the national territory and that, in accordance with Latvian law is not a criminal.
Extradition is not permissible if: 1) in accordance with the law for the offence the person cannot be held criminally liable, tried or punished in connection with the Amnesty;
2) person for the same criminal offence is convicted and the sentence is served or in one of the Member States of the European Union or it can no longer be accepted;
3) in accordance with the laws of Latvia, has reached the age at which criminal liability arises;
4) issuing a Latvian citizen of a Member State of the European Union under penalties of execution.
506.2 article. With the extradition of a Member State of the European Union the conditions relating to the person is to be issued this code 491. the rights referred to in article 8, the right to agree or disagree to issue, as well as the right to be called to criminal liability only for those convicted and criminal offences for which it is issued.
The person to be your consent to the issuance and denial of the right to be called to criminal liability only for those convicted and criminal offences for which it is issued, confirms the presence of a lawyer, the Prosecutor and the Protocol shall be drawn up.
If the person to be picked is a Latvian citizen, has the right to waive rights, guaranteeing that the Latvian citizen after the sentencing Member State of the European Union returned to Latvia in the sentence imposed.
With regard to the person's immunity to criminal procedural, the custody decision deadline shall begin from the moment when the person in the procedure prescribed by law has lost the immunity.
Latvia accepts to fulfill the decisions of the European custody Latvian or English.
506.3 article. Test for extradition to a Member State of the European Union, the European Prosecutor's custody decision, organised by checking it.
Check out this code, the Prosecutor 497. in accordance with the procedure laid down in article, whether there is a personal issue and there is no reason for the refusal of extradition of the person laid down in article 506.1 of this code.
If at the General Prosecutor's Office received a request for extradition from a State which is not a Member State of the European Union, and the European custody decision from a Member State of the European Union for the same person, the inspection process, combine into one if one is not a decision on extradition or its refusal of enforcement. A look at the received requests for extradition and decide the question as to which country the benefit of considerable seriousness, its site, the time of receipt of the request and the order.
506.4 article. Member State of the European Union of the person issuing the detention and arrest of a Person in detention for purposes of extradition takes place this code 492. in accordance with the procedure laid down in article, if the person has taken the decision to arrest or international search system contains a statement of the existence of such a decision.
If you do not know the circumstances that exclude the admissibility of extradition, the person checking the perpetrator suggestion on the EAW and extradition custody decision application shall be submitted to the district (City) Court in whose area the person detained or the General Prosecutor's Office is located.

Detention for extradition shall apply this code 494. in accordance with the procedure laid down in article to 80 days from the date of the person's detention. The Court in exceptional cases this period may be extended once for 30 days. The General Prosecutor's Office informs the European custody decision adopted by the competent authority of the country of execution of the decision the reasons for delay.
506.5 article. Temporary activities until a decision is taken If a Member State of the European Union the European custody decision adopted, to ensure the prosecution of individuals before a decision on the issue or the failure of the person, by the judicial authorities of the Member State at the request of the person questioned the General Prosecutor's Office, through the person chosen by the judicial authorities of a Member State, or the temporary transfer of the person agrees, setting back the time.
Article 506.6. Foreign persons issued by the issuing Member State of the European Union issued a person can further put to another Member State of the European Union when the country, issuing the person consented to the next issue.
If the custody decision is received by the person for Latvia issued by another State, not the consent of the person giving the issue, the General Prosecutor's Office for further recourse to the person by the State to receive the consent of the parties to further the issue of the Member State of the European Union.
Article 506.7. A decision on extradition to a Member State of the European Union of the General Prosecutor's Office within 10 days from the date of receipt of the decision of detention shall take a decision on the extradition of a foreign State or failure. A decision on the extradition of a person may not be appealed, if the person has agreed to extradition.
If the person does not consent to be picked for the issue, the decision of the General Prosecutor's Office on the extradition may be appealed to the Supreme Court, the criminal court within 10 days from the date of receipt of the decision.
Complaint about decision of the Prosecutor of the Criminal Court of the Supreme Court Chamber shall examine this code 499. and 500 in accordance with the procedure laid down in article and sent to the General Prosecutor's Office of the decision within 20 days from the date of receipt of the complaint.
506.8 article. The decision on the extradition of the person to the Member State of the European Union Force in the performance appraisal of the decision on extradition the Prosecutor shall immediately forward to the Ministry of the Interior.
The decision on the person's extradition is executed pursuant to this code 503. the first and second subparagraphs, the conditions laid down.
Following the adoption of the decision on the extradition of the person of the Prosecutor may defer extradition the requested person to the Member State of the European Union Latvia started to complete criminal proceedings or a sentence in the Penal and the serious humanitarian reasons, if there are reasonable grounds for believing that it would manifestly endanger the requested person's life or health. The decision to postpone the extradition the Prosecutor shall inform the Member States of the European Union, the competent judicial authorities and the other parties agreed to the transfer.
If the person is not taken over 10 days from the date of adoption of the decision on extradition, or from the date on which the agreement reached with the European Union Member State competent authorities, the person must be released from custody.
If a decision on the issue not the requested person, the Prosecutor shall inform the Court of the Member State's competent authorities.
506.9 article. The subject matter of transfer to the Member State of the European Union at the request of a Member State of the European Union or the initiative of the General Prosecutor's Office removed and surrendered to a Member State subjects: 1) necessary as real evidence;
2) has been acquired by the requested person as a result of the offence.
Items required as real evidence, transfer, even if the European custody decision cannot execute the requested person's death or escape.
If items required in Latvia started to complete criminal proceedings, they may postpone the transfer time. Transferring objects, the Prosecutor may request that they be returned. "
10. To supplement the code with Annex 2 and 3 by the following: Annex 2 to offences for which a person issued by a Member State of the European Union, without checking whether they are in accordance with the Latvian Criminal law offences are the following: 1) participation in a criminal organisation;
2) terrorism;
3) trafficking in human beings;
4) sexual exploitation of children and child pornography;
5) illicit traffic in narcotic drugs and psychotropic substances trafficking;
6) arms, ammunition and explosive substances illegal trade;
7) corruption;
8) fraud affecting the financial interests of the European Community on 26 July 1995 the European Convention for the protection of the financial interests of the community;
9) money laundering;
10) counterfeiting currency;
11) computer crime;
12) environmental crime, including the endangered animal and plant species and varieties of illegal trade;
13) assistance for illegal entry and residence in the country;
14) murder, grievous bodily injury;
15) illegal trade in human organs and tissues;
16) kidnapping, illegal detention and hostage taking;
racism and xenophobia 17);
18) organised or armed robbery;
19) illegal trade in cultural goods, including antiques and works of art;
20) fraud;
21) racket and extortion;
22) product counterfeiting and pirated production;
23) administrative document counterfeiting and trade;
24) means of payment counterfeiting;
25) illegal trade with hormones and other growth promoters;
26) illicit trafficking in nuclear materials or radioactive materials;
27) trade in stolen vehicles;
28) rape;
29) arson;
30) crimes that are within the jurisdiction of the International Criminal Court;
31) the seizure of the ship or aircraft;
32) sabotage.
3. the annex to the European custody decision form the decision issued by the Court of Justice of the Republic of Latvia.
I request the following arrest and surrender in order to prosecute or execute with custodial sentences.
1. information about the identity of the requested person: surname: first name (s): maiden name (if applicable): sex: nationality: date of birth: place of birth: residence or known address: language (language) that the requested person understands (if known): the requested person's particular characteristics, description: the requested person's photograph and fingerprints, if they are available and they can be sent, or the contact information of the person you should contact to get such information, or to obtain a DNA profile (if such evidence can be supplied but they are not included): 2. A ruling issued on the basis of which the custody decision: the custody decision or ruling to the same effect: an executable judgement: 3. the indication of the length of the sentence: a custodial penalty of a maximum duration, which may be imposed for offences (offences): Sentenced to custodial penalties in duration: izciešam the remaining penalty time: 4. the judgment given in default and: the person concerned personally received a summons or otherwise informed of the date and place of When and where the hearing took place, in which the ruling adopted by default: the person in question is not personally received any summons or otherwise informed of the date and place when and where the hearing took place, in which the ruling passed in absentia, but it has the following legal guarantees after its surrender (such guarantees can be provided above): specify the legal warranty: 5. Offences: this decision together refers to: … … …. the offences (offences).
The circumstances under which the offence description (offences) (made), including the time, place and degree of participation of the requested person offences (offences): Offences (offences) and legal qualifications and law applicable in the case of: one or more of these offences, which are punishable in the issuing Member State by a custodial sentence of a maximum duration of at least 3 years, as laid down in the law of the issuing Member State: – participation in a criminal organisation;
— terrorism;
— trafficking in human beings;
– sexual exploitation of children and child pornography;
-the illicit manufacture of narcotic drugs and psychotropic substances trafficking;
— weapons, ammunition and explosive substances illegal trade;
-corruption;
— fraud that threatens the financial interests of the European Community on 26 July 1995 the European Convention for the protection of the financial interests of the community;
-money laundering;
-forgery of money;
— computer-related crime;
-environmental crime, including the endangered animal and plant species and varieties of illegal trade;
— assistance in relation to the illegal entry into and residence in the country;
– murder, grievous bodily injury;
– illicit trafficking in human organs and tissues;
– kidnapping, illegal detention and hostage taking;
-racism and xenophobia;
– organised or armed robbery;
-illegal trade in cultural goods, including antiques and works of art;
— fraud;
-racket and extortion;
— product counterfeiting and pirated production;
— administrative document counterfeiting and trade;
-means of payment counterfeiting;
– illicit trafficking with hormones and other growth promoters;
– illicit trafficking in nuclear materials or radioactive materials;

— the trade in stolen vehicles;
-rape;
— burning;
— crimes that are within the jurisdiction of the International Criminal Court;
— the seizure of the vessel or aircraft;
-sabotage.
Offence (misdemeanor) full description of that (which) not covered in the previous section: 6. other case dramatically (optional information): (they can be comments on extraterritoriality, limitation periods and other breaks in the consequences of the offence.)
7. This decision shall apply to the removal and transfer of the subject matter that may be required as evidence: this decision also applies to the removal and transfer of the subject matter, has been acquired by the requested person as a result of the offence: a description of the subject (and location) (if known): 8. Offences (offences) (that) basis this decision adopted, is punishable (punished) by deprivation of liberty for life: the Latvian legal system allows you to review the specific sentence or upon request at the latest, after 20 years in order not to execute this punishment: the legal system of the Republic of Latvia to apply for clemency measures, under the law of the issuing Member State or practice has the right, in order not to execute this punishment: 9. The judicial authority which issued the decision: official name: the official last name: title (status): things reference: address: phone: (country code) (area code, City) (...)
Fax: (country code) (area code, City) (...)
E-mail: contact information of the person you should contact to agree on practical arrangements for transfers: If the European custody decision to dispatch and the receipt of administrative responsible central authority: the central authority: contact, where appropriate (status, degree and last name): address: phone: (country code) (area code, City) (...)
Fax: (country code) (area code, City) (...)
E-mail: decision adopted judicial officer signature: name: position (status): date: official seal 11. Believe code attachment "property list, which is not subject to attachment" of annex 1.
The Parliament adopted the law of 27 May 2004.
State v. President Vaira Vīķe-Freiberga in Riga, June 16, 2004 Editorial Note: the law shall enter into force by 30 June 2004.