Amendments To The Latvian Code On Execution Of Punishments

Original Language Title: Grozījumi Latvijas Sodu izpildes kodeksā

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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. Express 13.1 article by the following: "13.1 article. Convicted into a custodial institution convicted of inserting a particular custodial institution determined by the prison administration Chief, subject to a medical, security and crime prevention. Prison Administration Chief's decision about convicted into a custodial institution is final and appealable. " 2. To supplement the code with article 13.2 as follows: "article 13.2. Convicted of custodial placement in a custodial institution With superior order created in the deployment of the Commission convicted determines where the custodial Department, unit and camera-convict deployable, taking into account the free space cameras, psychological compatibility of the convicted, health status, attitudes towards smoking, previous criminal experience. Convict who has helped discover other people commit crime and criminal law, in accordance with the procedure laid down by the Court in its judgment in determining the reduced fine, placed separately from other convicts, if he is asked. If the convict is the judge, the judicial system, persons belonging to the investigating authorities, the criminal enforcement authorities, operational activities requesting State institutions, municipal police or other State and public security related State institutions employees, former employees, their spouse or first-degree relative, he deployed separately from other convicts. Convicted deployment Commission decision on the placement of the convicted is final and appealable. " 3. Add to article 41 in the ninth subparagraph by the following: "convicts are obliged to pay for the prisons administration fees provided services." 4. Replace article 44, article 48, in the first paragraph of article 70, first paragraph, point 1.1 and the seventh paragraph the word "personal" (fold) with the word "personal" (fold). 5. Article 45: replace the third and fourth paragraph, the words "Administration" with the words "Chief"; to make a fifth as follows: "those convicted are not allowed contact with arrested persons and persons serving sentences in other penitentiary institutions. Chief custodial authority decision may prohibit the convicted person to meet specific security reasons. '; Add to sixth after the words "By" with the words "convicted to sentences being served the closed prison"; turn off the eighth part of the second, third and fourth sentence; to supplement the article with the ninth, tenth and eleventh subparagraph by the following: "in deciding on the duration of the meeting to be allocated, custodial authority boss takes into account the behavior of the convicted prison authority and the need to ensure the meeting of the other convicts a chance. Referred to in this article are custodial institutions may challenge the decision of the Chief prison administration Chief of the administrative procedure law. Prison Administration Chief's decision may appeal to the District Administrative Court of the administrative procedure law. Administrative District Court judgment is not appealable. The Latvia prison hospital inserted convicted doctors instructions for appropriate temporary meeting place provides the opportunity to communicate with relatives or other persons with video call. The following video and duration determined in accordance with the laid down in this code, the number of temporary meeting and the respective duration of the penal regime, in which the convicted sentence. " 6. Add to article 47 of the fifth paragraph by the following: "Chief custodial authority decision on the refusal to accept objects which a custodial institution is not allowed to receive the consignment and the inputs is final and appealable." 7. Express 29.3 article as follows: "article 29.3. Convicted right to use household appliances convicted allowed to use custodial institutions and personal television and radio (no voice recording capabilities), as well as other personal appliances in custodial institutions internal rules determine the extent, time and agenda. On custodial authorities sentenced the Chief decision does not allow personal television and radio (no voice recording capabilities), as well as other personal appliances may lodge a complaint with the prison administration chief. Prison Administration Chief's decision may not be appealed. " 8. in article: 30.6 off the second and fifth; Replace paragraph 3 by the sixth part of a number and the word "the" in article 49.3, with numbers and the words "and article 49.3 78.4"; off the seventh paragraph, the words "and the fifth"; replace the word "eighth decision" with the word "judgment". 9. Supplement article 50.3 from the seventh and eighth by the following: "If a convict penal time sentenced to a custodial sentence for another offence or crime, the Court shall determine the final sentence, custodial institutions and penal regime for a new criminal offence would be again according to the procedure provided for in this code. The seventh part of this article in cases referred to custodial institutions and parole mode is defined for the criminal offence for the toughest made, taking into account all the Court ruling, under which a convict punishment not yet endured or under which the convicted have set the final penalty. " 10. in article 50.4: off sixth; Add to tenth with the words "which are being served in a separate locked in a punishment cell block with increased monitoring"; to supplement the article with the eleventh subparagraph by the following: "in addition to the rights mentioned in this article is convicted to imprisonment for life (life imprisonment), the penalty being served in a separate closed prison block with increased monitoring, have the right to communicate with relatives and other persons with free video calls custodial authorities: 1) the presence of a representative of the sentence being served fine mode in higher grade — right on the hour long video three times a month; 2) sentence being served a sentence mode average grade — right on the hour long video two times a month; 3) penal sentence being served in the lowest grade mode — right on the hour long video call once a month. " 11. in article 50.5: make the seventh part of paragraph 3 as follows: "3) use without limit on the number of phone calls;" to make an eighth part of paragraph 3 as follows: "3) use without limit on the number of phone calls;" replace the eighth point 4 of part numbers and the words "8, 9 and 10 in paragraph" with the figures and the words "in paragraphs 8 and 9"; make the tenth part of paragraph 3 as follows: "3) use telephone conversations without limit." 12. in article 50.6: turn off the third sentence of the third paragraph; turn off the fourth part; to make the seventh paragraph as follows: "with the custodial authorities permit convicted bosses can get education in educational institutions located outside its local administrative area in which the custodial authority. Chief custodial authorities have sentenced to leave the penitentiary institutions of the territory for the time necessary to organize the examination of General or vocational educational institution. "; to supplement the article with an eighth of the following: "on the penitentiary institutions of the decision not to allow the Chief convicted for getting education educational institutions located outside its local administrative area in which the custodial authority may lodge a complaint with the prison administration chief. Prison Administration Chief's decision may not be appealed. " 13. Express article 50.7 eighth subparagraph, the first sentence by the following: "education institutions for minors provides for minor boss convicted's ability to leave the territory of the authority for the time necessary to organize the examination of General or vocational educational institution." 14. Express 50.8 article as follows: "article 50.8. Sentenced to imprisonment for life (life imprisonment) parole mode characteristics and special features of the evaluation procedure for the application of the Convicted to imprisonment for life (life imprisonment), excluding women, deployable in a separate closed prison block with increased monitoring, preventing contact with the prisoners who have not been convicted for life. Sentenced for life sentences being served, parole mode average power unit with increased monitoring, parole can be transferred to the premises of the closed prison sentence mode of the medium grade fines served inmates who are not sentenced to life if convicted it will resocializācij. For life, convicted of being served fine penal regime uttermost block with increased monitoring, parole can be transferred to the premises of the closed prison sentence mode in higher grade fine serving inmates who are not sentenced to life if convicted it will resocializācij. Following the transfer referred to in this paragraph for life sentenced has all the rights provided for in this code, referred to in article 50.4 convicts not sentenced for life, according to the penal regime. Those convicted to imprisonment for life (life imprisonment) during a custodial authority may apply to the territory of the special feature, the handcuffs — if the person during this time may compromise the accompanying employees or there is a reasonable suspicion of a possible escape of the sentenced. Custodial bodies internal rules determine the convicted to imprisonment for life (life imprisonment) holding and monitoring arrangements. Chief custodial authorities created the Commission examines: 1) sentenced to imprisonment for life (life imprisonment) dangers and during his custodial authorities applicable in the territory of the special features-handcuff-need; 2) sentenced to imprisonment for life (life imprisonment) transfer to the premises where the closed prison sentences being served inmates not sentenced for life. In the fifth subparagraph of this article, the Commission shall include those convicted of social rehabilitation, monitoring, security, and responsible for the medical care of the chiefs and prison psychologists who work with those convicted to imprisonment for life (life imprisonment). The Commission shall not less frequently than once every six months to assess each with deprivation of liberty for life (life imprisonment) sentenced the hazards and move him during the custodial authorities applicable in the territory of the special features-handcuff-need. If the convict for life wants the Commission to examine the question of his removal on the premises where the closed prison sentences being served inmates who have not been convicted for life, then for life convict submitting custodial authority boss. If the Commission decides not to transfer sentenced for life, then he can submit an application not earlier than after six months. The Commission, in assessing for life sentenced in accordance with the fifth subparagraph of article 2 above, assess his needs and behaviour of resocializācij from the previous sessions of the Commission, to the current meeting. At the hearing the Commission remotely being listened for life sentenced. If the convict for life after the transfer to the premises where the closed prison sentences being served inmates who have not been convicted for life, made of certain penal treatment or systemic irregularities, with the fifth part of this article, the decision of the Commission referred to him can move back to block with reinforced supervision (parole arrangements concerned grade). Commission decision to convict all his life can challenge the prison administration chief. Prison Administration Chief's decision may not be appealed. " 15. Replace 50.16 in the third paragraph of article number and the word "40 days" with a number and the words "20 working days". 16. Make the text of this article in 50.19: "If the custodial authority boss finds that a convict does not meet at least one of this code, in the fourth paragraph of article 50.3 those conditions, have not done this code under penalties specified in part or from the date on which the case for the relaxation of the penal regime was examined by the Commission of evaluation, not three months, convicted Review Committee for consideration of submissions at the hearing does not move, but returned to the convicted by specifying the reasons for the application does not progress and the time when the right to arise the convicted sentence mode softening. " 17. Make 50.20 the first paragraph as follows: "If, in considering the issue of a certain relaxation of the penal regime, interfering with evaluation Commission convicted the hearing and fails to appraisal of the President's instructions, the convicts expelled from the sitting room. In this case, the Evaluation Commission sentenced the 50.18 this code of the first paragraph of article 4, paragraph 1 to that decision and not made the grade Review Committee minutes of the hearing. If the evaluation the Commission shall examine the question of this code, the first part of 50.18 5.-7. the decision referred to in paragraph 1, the matter without the presence of the convicted and the mark of the Review Committee the minutes of the hearing. " 18. in article 56.5: make the first paragraph by the following: "the inmates working in the penitentiary institutions in the territory. The work of the convicted, subject to organise them in a specific penal provisions and providing treatment to their mutual isolation. "; to turn off the second part; to complement the text of the third part with the following: "on the penitentiary institutions of the decision not to allow bosses to employ convicts who served sentences in the high prison outside the municipal territory, in which the custodial authority may lodge a complaint with the prison administration chief. Prison Administration Chief's decision may not be appealed. " 19. To supplement the article with the seventh 55.25 part as follows: "that sentence convicted in closed and semi-closed served prison sentence mode in higher grade, with the custodial authorities a written permission of the Commissioner, which is matched by the prison administration may employ outside the prison area custodial institutions surrounding area maintenance, cleaning and home improvement jobs without providing her security guard surveillance. Monitoring of convicted provides custodial authority. " 20. in the fourth subparagraph of article 56.14: replace the word "Administration" with the words "Chief of Government"; Add to part with the sentence the following wording: "the Prisons Administration Chief's decision may not be appealed." 21. Supplement article 56.17 second subparagraph with the following sentence: "in the law of civil procedure the amount of deduction from wages and the offset payments are not attributable to the deductions laid down in this article is from the calculated pay convicted." 22. Put article 68, first paragraph, paragraph 6 by the following: ' 6) in the open prisons, the prison authorities permit the Chief once a month to leave the territory of the community outside the prison for a period of up to two a day, but the holidays — up to five daily; ". 23. Article 70, first paragraph: make paragraph 4 by the following: "4) convicts who served sentences in closed prison, prohibit the routine phone calls;" Add to part with the 4.1 and 4.2 point as follows: "41) convicted, sentence confined in prison, in part, to prohibit calls for up to 10 days; 42) convicted to imprisonment for life (life imprisonment), the penalty being served in a separate closed prison block with increased monitoring, prohibit the current video. ' 24. Article 71 of the fifth part: Add to the part after the number "4." with numbers "4.1, 4.2"; to turn off the word "Senate". 25. To make the first paragraph of article 77 of the second sentence as follows: "a housing norm for one of the convicted may not be less than 4 square meters, but the camera-vienieslodzījum about 9 square meters." 26. in article 77.1: make the third paragraph as follows: "If this law expires, fifth article 77 part time child can spend with her mother in a custodial institution in full state maintenance and child custody is to be transferred, audžuģimen or child care institution, or the remaining amount of the benefit is transferred to the guardian, audžuģimen or child-care authority."; to supplement the article with the fourth paragraph as follows: "this article referred to in the second subparagraph of custodial institutions may challenge the decision of the Chief prison administration chief. Prison Administration Chief's decision may appeal to the District Administrative Court of the administrative procedure law. Administrative District Court decision may not be appealed. " 27. Supplement article 78.1 of the fifth and sixth the following: "Convicted, medical institution located outside the custodial authorities, are obliged to reside only in the medical treatment of the person or custodial authority of specified premises. Convicted for being in a medical institution outside the prison authorities, is allowed to keep only his personal hygiene items. The convict, who is in the medical institution outside the prison authorities did not concern the rights laid down in this code to use walking or participate in sports games in the fresh air, to get the post and contributions, receive, send and use money transfers, meet with relatives and other persons to buy literature and writing, to send and receive letters and telegrams, use the personal household appliances, make phone calls, shopping in the prison store, store foods except those issued by the medical establishment. " 28. To supplement the code with 78.4 78.5 in this article and Editorial: "article 78.4. Convicted right to receive health care services outside the penitentiary institutions implementing procedures to receive health care services on personal resources health care facilities outside the penitentiary authorities convict who served part of the sentence in a closed prison sentence mode in higher grade open jail or correctional institution for minors, the written application to the custodial authority boss request permission to temporarily leave the penitentiary institutions of the territory for a period of one to three hours a day. Application of the convict indicates health care service, rationale the need for treatment, which is received in a health care service, the place where staying a short absence, the contact numbers, if available, and accompanied by all his possession documents proving short-lived referred to in this article the reason for absence. If the first paragraph of this article please contact the permits a minor convict, he indicates in the application of the minor person's name and surname, which they will spend. Custodial authority Chief under the first paragraph of this article shall indicate in the permit the penitentiary institutions, as well as the time of abandonment when the convicted must return to the penitentiary institution. The penitentiary administration information about the convicts, which allowed temporarily to leave the penitentiary institutions of the territory, the State police shall forward to it a territorial entity within the territory of which the convict decided to stay. This information shall be transmitted immediately following the authorization, but before that, when the convict temporarily left the custodial authority. Referred to in this article outside the custodial authorities should include the time spent in penal times. To convict that prison authorities gave permission to the Chief temporarily to leave the territory of the penitentiary institutions of health care service, this code applies Article 49.3. 78.5 article. Criteria for the authorization and its denial for appeal of the custodial authorities, acting on this code, referred to in article 78.4 authorization, shall assess the possibilities to get convicted of health care services and receive service scheduled temporary absence, the previous temporary absence times removal of irregularities and the return of the custodial institution, as well as custodial institutions medical opinion about the need for such a service. Chief custodial institutions does not allow for convicted temporarily to leave the territory of the penitentiary institutions of health care service, if there is at least one of the following circumstances: 1) health care services is likely to receive a custodial institution; 2) health care services, it is possible to obtain Latvian prison hospital; 3) health services are likely to get closer to the custodial authority location; 4 custodial institutions) doctor's opinion, there is no indication that certifies health care service needs; 5) convict suffering from dangerous infectious diseases in its active form of the disease or acute stage and did not finish treatment courses in accordance with the opinion of the doctor; 6) convict has committed an intentional crime served part of the fine if he had been conditionally released before the term of the custodial sentence; 7) not previously convicted for good reasons are not returned to the penitentiary institution 49.3 this code and permit referred to in article 78.4 in specified time; 8) convict wants to receive health care services outside the territory of the Republic of Latvia; 9) sentenced in the outside the penitentiary authorities can endanger public safety. For custodial authority superior rejection given permission to temporarily leave the penitentiary institutions of the territory the health care service convict may file a complaint with the prison administration chief. Prison Administration Chief look the complaint within one month, and his decision may not be appealed. " 29. Supplement article 112 to eighth by the following: "If the convicted is sentenced to short-term imprisonment and Liberation Day, he temporarily holds in place, awaiting transfer to a custodial institution, they shall be released from temporary detention sites. Exempt person served its belongings, personal documents and a statement indicating the basis for the liberation and actually served a custodial sentence. If a person released from temporary detention places, State Police immediately after the release of the sentenced send information about the prisoners of this code, in article 112.1 112.2 and 112.3 in cases, as well as inform the Court and the prison administration for the release of convicted. " 30. Supplement article 119.10 after "performing" by the words "or narcotic, toxic or psychotropic substances the determination of intoxication". 133. Article 31: make the first paragraph by the following: "Convicted, which suitable for forced labour, are obliged to apply for forced labour due to the opening of the national probation service's territorial unit according to the declared place of residence within ten working days from the date of entry into force of the court order or the Prosecutor's statement as punishment, or ten working days following the release of the convicted prison authorities where forced labour is applied with a custodial sentence. If the Court decided on the early release of the sentenced penalty, the convicted must come to apply for compulsory performance to start the national probation service's territorial unit according to their place of residence within three working days after the release of the custodial authorities. "; to supplement the article with the fourth paragraph as follows: "the State Probation Service's decision on public transport costs or to cover the costs of public transport may not be appealed." 32. Add to article 134 of the fourth subparagraph by the following: "forced job execution is halted and resumed after the release of the sentenced imprisonment penalty enforcement authority, if: 1) — the principal convicted of forced labor — together with a conditional sentence and the sentencing court has decided to cancel the conditional sentencing and to execute judgment in the prescribed penalty; the principal is convicted — 2), forced labour, fined along with imprisonment, a convict is conditionally released before the term of the custodial sentence and the Court decided not to run in the penalty portion served; 3 sentenced the principal —) forced labor — together with the additional penalty imposed, probation supervision — and the Court acted to replace the supervision of probation to imprisonment. " 33. Article 135: make the second paragraph as follows: "If the convict him of illness or other important reasons is not able to do the work, he shall notify the national probation service, recognizing the sentenced work absences for justifiable reasons, may allow not to carry out forced labour for life or I have been ill for a while, not more than one month, making the appropriate entry in the personal file. Convicted instead of LFS or leave teaching leave no basis to allow for the time not to make forced labour. " to make a fifth by the following: "penal convict during the national probation service and forced labor in the place of performance must not be alcohol, narcotic, toxic or psychotropic substances under the influence." to supplement the article with the seventh and eighth as follows: "the State Probation Service territorial unit may reject a request to allow convicted at the time not to make forced labour, if: 1 the performance of regulatory penalties) regulations prescribed time convict not logged on the national probation service forced the performance started and are on the alert; 2) forced labour during the execution of the convicted have received warnings about forced labor and conditions of implementation of the agenda; 3 conviction or judgment) to the Prosecutor's statement as punishment execute limitation joining moment forced labour may not be possible to complete the execution. The national probation service's territorial Department decision to reject the request to allow convicted at the time not to make forced labour enforcement convict or his/her representative may challenge the national probation service. National probation service manager's decision is appealable. The national probation service's territorial Department decision to reject the request of the sentenced to time not to make forced labour challenge shall not suspend its activity. " 34. Add to article 136 to sixth by the following: "If convicted in a foreign State or from main is located is associated with periodic stays in a foreign country or educational institution where the convict in education, is located in a foreign country, convicted during the year of the Court ruling or the Prosecutor's statement on the date of entry into force of the or the performance started after his release from prison authorities, where forced labour together with appropriate custodial sentence must be carried out not less than half of the penalty imposed. " 35. Make 138. the third paragraph of article as follows: "If the convict does not agree to the examination of the concentration of alcohol in the air exhaled or its outcome and refuses to go to the hospital for medical testing or narcotic, toxic or psychotropic substances under the influence, following his actions are considered to be forced labour and the conditions of implementation of the agenda." 36. Express article 138.2 as follows: "article 138.2. Convicted duty to apply probation supervision for commencement of performance of the Convicted who are sentenced to probation supervision, to attend the national probation service's territorial unit according to the declared place of residence to log execution started: 1) ten working days after the Court ruling or the Prosecutor's statement on the date of its entry into force, if the probation supervision is determined together with the forced labour or a fine; 2) the next business day after release from penitentiary authorities; 3) the next business day following the date on which the sentenced follow-up conditional early release. " 37. Replace 138.4 of the first paragraph of article 5, the word "the" with the word "down". 38. Add to 138.7 the second subparagraph after the word "provided" by the words "or State probation officers in certain". 39. To complement the twenty-fourth chapter of "A" with the following wording for article 138.9: "138.9 article. With probation supervision convicted out of the alcohol concentration checks for expired air or narcotic, toxic or psychotropic substances under examination, and the consequences of such refusal If the probation supervision convict does not agree with the alcohol concentration test of exhaled air or its outcome and refuses to go to the hospital for medical testing or narcotic, toxic or psychotropic substances under the influence, following his action is seen as his default obligations. " 40. Article 159 of the expression as follows: "article 159. Conditionally sentenced abandonment of alcohol concentration checks for expired air or narcotic, toxic or psychotropic substances under examination, and the consequences of such refusal If relatively convict does not agree to the examination of the concentration of alcohol in the air exhaled or its outcome and refuses to go to the hospital for medical testing or narcotic, toxic or psychotropic substances under the influence, following his action is seen as his default obligations. " 41. the transitional provisions be supplemented by the following paragraph 33: "33. Convicts who are serving sentences in prison and found the warden's permission to live in personal home or private (īrēto) apartments with family or into an urban area of the Republic, which deployed to the custodial authority issued remain valid also after the entry into force of the amendments to this code in the third subparagraph of article 50.6." The law in the Parliament adopted 18 June 2015. The President a. Smith in 2015 at 30 June


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