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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. Add to article 41 in the third paragraph after the words "or ask them to take a cognitive authority" with the words "presents the accused with the right to agree on the completion of the arrangement of the criminal process, prepare a draft agreement for cooperation in criminal law for the voluntary settlement and submit it to the Court, the Court concluded the present agreement with". 2. Supplement article 68 following the words "one of the security provided for in this code means" with the words "except for article 69 of this code in the case referred to in the third subparagraph." 3. Article 69: to supplement the first part of paragraph 9 by the following: "9) occupation." make the second paragraph as follows: "a Person suitable for the first part of this article 1. — paragraph 5 or paragraph 9 security feature, without the permission of the promoters of the process is prohibited to leave the country." to supplement the article with the third part as follows: "the first part of this article referred to in paragraph 9 of the security feature can also be applied in addition to any other security feature."
4. Supplement article 81.2 of the code with the following: "article 81.2. Occupation aizliegumsProces the driver may decide that the suspect, the accused or defendants are temporarily prohibited certain activities (action) or a specific job duties, if there are sufficient grounds to think that this will interfere with the objectives of criminal procedure or the person will continue criminal activity. "
5. Add to article 95, the third part with the words "to agree with prosecutors about the recognition of guilt and punishment, to assure voluntary and informed agreement of the Court". 6. Express article 96, second subparagraph by the following: "The Defender of the criminal proceedings may be: 1) a sworn advocate; 2) sworn advocate Assistant; 3) of a Member State of the European Union citizens-nis, who won the qualification of a lawyer from the Member States of the European Union; 4) foreign lawyer (except the part referred to in paragraph 3), in accordance with the Republic of Latvia a binding international treaty on legal aid. "
7. Turn off 155. article. 8. To supplement the code with the nineteenth chapter of the following: "(A) the agreement in the nineteenth chapter of pre-trial investigation in application of article 214.1. The application of the arrangement based on its own public prosecutor, the accused or his defence initiatives may conclude agreement on the recognition of guilt and punishment only if the person accused of a criminal offence, the less severe or serious crime is cleared in criminal cases proven conditions and the accused agree to him the impugned offence, qualifications and understanding the process. The agreement process can not be applied, if there are several defendants in criminal cases and agreement on the recognition of guilt and punishment may not be applied to all criminal defendants.
214.2 article. Negotiations on the conclusion of the agreement if the public prosecutor, to travel or to continue a criminal prosecution for the process may enter into an agreement on the recognition of guilt and punishment, he shall take the following actions: 1) explains the accused and the accused minors legal representative the opportunity to realign criminal relations by concluding the agreement, as well as the accused rights agreements and arrangements; 2) inform victims, civil plaintiffs and civil defendants of the right to express their opinion on a possible agreement on the application of the process. Received the accused and the accused minors legal representative consent to conclude the agreement on the recognition of guilt and punishment, the Prosecutor shall prepare the draft agreement and started negotiations with the defendant, his counsel and the accused minors the legal representative on the agreement. If the accused and the accused minors legal representative consents to the allegations presented, the qualifications of the crime and damage assessment begins negotiations on the type and the amount of the fine, which the application will ask the public prosecutor to the Court.
Article 214.3. The agreement of the accused the right to process the accused agreed process has the right to: 1) agree or disagree with the conclusion of the agreement; 2) put his proposal on the type and the amount of the fine; 3) look at all criminal proceedings; 4) know about someone committing a criminal offence, he will be charged in court and what kind of penalties and measures the application will ask the public prosecutor to the Court.
214.4 article. The victims, civil plaintiffs and civil defendants rights agreement to process victim, civilprasīt and to the agreed process of civil defendants have the right to express their views on a possible agreement on the application of the process.
214.5 article. The agreement protocol agreement the Prosecutor shall specify: 1) venue and date; 2) procedural acts the perpetrators, a first and last name; 3 the accused, his defence counsel), a minor the legal representative of the accused's name, surname and personal code, but, if not, year of birth and date; 4) of the crime site, time and a brief description. 5) criminal qualification; 6) news on the damage; 7) mitigating and aggravating circumstances;
8) particulars of the accused person; 9) fine, the application of which will ask the Prosecutor in court. If the accused committed several criminal offences, the Prosecutor indicated the punishment for each crime and a final punishment will take. This provision also to be followed where the accused a penalty is determined by a number of judgments. The agreement protocol signed by the accused, the Defender, a minor legal representative of the accused and the Prosecutor. A copy of the memorandum issued by the accused and his or her legal representative.
214.6 article. Criminal cases sent to court after the public prosecutor in the criminal case of conclusion of the agreement with the agreement sent to the Court by suggesting it to approve the conclusion of the agreement and order the penalty. The Court Prosecutor: proposal 1) informed on conclusion of the agreement; 2) inform the accused of the applied security feature, specifying its expiry date; 3) lists the evidence that confirms the criminal offence and the guilt of the accused; 4) indicates the crime damages and agreement on damages; 5) court costs; 6) specifies the trace evidence, their location and the features used in the civil action and the possible confiscation of property; 7) invites the Court to approve the conclusion of the agreement and order the penalty provided for therein. The Prosecutor shall inform the accused, the victim, cilvilprasītāj and civil defendants or their representatives as to which court the case sent. After sending all requests and complaints to the Court in this case to send directly to the Court. "
9. Turn off the first part of article 393.2 of the word "sworn". 10. To make the third paragraph of article 393.6 as follows: "This article 393.2 of the Code referred to in the first subparagraph and the lawyer representing their interests to prepare the application, have the right to get acquainted with the materials of the criminal case, in which the institution is located in criminal cases."
11. To supplement the code with the ninth section by the following: "(A) the Proceedings of the ninth section of the preliminary agreement in the thirty-fourth chapter of the proceedings A pre-trial agreement in article 416.1 The transfer of the accused to the Court agreed the process of the issue of the transfer of the accused to the Court judge sitting alone hearing the action not later than five days from the time when the Court received the case in which the Court of Justice in the investigation before-is an agreement on the recognition of guilt and punishment. The judge, in deciding the question of the transfer of the accused to the Court, adopt one of the following decisions: 1) for the transfer of the accused to the Court; 2) on the progress to complete the investigations in General, if the settlement process in pre-trial investigation for violation of the provisions of this code; 3) on the progress of the papildizmeklēšan of this code 235. in the cases provided for in article; 4) about the suspension, on the basis of article 198 of this code; 5) on the termination of the proceedings on the basis of article 5 of this code or of article 58 of the criminal code. If the judge recognizes that there are sufficient grounds to put the accused to the Court, he shall determine: 1) hearing (hearing) the time and place; 2) persons invited to the hearing; 3) hearing in open or closed court hearing; 4) defenders and interpreting evidence.
416.2 article. Reading all the documents the Prosecutor, the accused (defendants), his barrister, legal representative, the victim, the civil, civil defendants and their representatives after the transfer of the accused to the Court shall be entitled to inspect all criminal and write the necessary information from them. If the first paragraph of this article persons go to court, the judge must provide them the opportunity to become familiar with all things material.
416.3 article. Hearing determination and composition of the Court in the criminal proceedings of the arrangement agreement process must commence no earlier than ten days and not later than twenty days from the moment when the accused surrendered to the Court. The criminal judge examines the process of agreement alone.

416.4 article. The preliminary hearing of collusion revealed at the hearing, the judge stated that the case will be heard, and clarified at the hearing, the Parties present identity. If the hearing shall participate in the interpreter, the interpreter explained to judge his duties and responsibility warned of waiver of translation and intentionally incorrect translation. The judge shall notify the Registrar of the Court, and the interpreter's name and explain the process of their right to lodge such rejection to the judge, the clerk of the Court, the Prosecutor and the interpreter. Apply for the refusal decided in accordance with provisions of this code. The judge explained his rights before the proceedings in the Court of the agreement process. The judge asks the participants of the process, or they have a request which they want to submit, before the start of the hearing. Requests for appearance in this article 275 of the code.
416.5 article. The right to disclose, disclose, to the process of the agreement the agreement process has the right to: 1) familiar with all things material; 2) agree or disagree with the agreement protocol concluded; 3) provide explanations of the conclusion of the Protocol to the agreement; 4) waive the agreements made by the time the Court go to the Conference room to make the ruling; 5) look at the minutes of the hearing; 6) get a court judgment; 7) to appeal the judgment of the Corte di Cassazione loving-tional.
416.6 article. The hearing process of the arrangement the judge announces the launch of criminal proceedings, and the proceedings shall begin with the fact that the Prosecutor reads the conclusion of the agreement. Then the judge asks defendants whether he understood the indictment, acknowledges the guilty and agrees that vienoš will be complied in a closed nostril. The judge offers defendants and defendants in the minors the legal representative to comment on the circumstances of the conclusion of the agreement and whether the defendants admit his guilt and agreement signed by consciously and voluntarily, knowing the consequences. Defender and Prosecutor judge asking about their attitudes toward the understanding and intention to follow later in the process. The Court can also hear other participants of the process. Upon completion of a hearing, the judge asks the participants of the process, or they have a request that they want to sign up, before going to the Conference room to accept the ruling. For the satisfaction or rejection of the request, the Court shall take a decision.
416.7 article. The Court left to the Conference Room When the hearing is completed, the Court will go to consultation room to accept the ruling by giving those present at the hearing.
416.8 article. The Court ruling agreed process of Consultation in the present case the room Court accepts one of the following decisions: 1) decision on the transmission of criminal proceedings the public prosecutor 416.1 in this code, the second paragraph of article 2 and 3 in the cases provided for in paragraph 1; 2) the decision on the termination of the 236 of this code in the cases provided for in article; 3) conviction judgment.
416.9 article. Judgment of the Court If the Court there is no doubt about the guilt of defendants, court judgment of conviction rendered the grounds of which sets out the nature of the agreements made by the prosecutors, defendants and his Defender confirmed at the hearing, and shall assess the validity of the agreements made. The operative part of the judgment indicates 314 of this code and under article 316, the judgment of the Court of izlemjamo. If the Court is in any doubt about the guilt of defendants, it may reject the pre-trial investigation concluded in agreement and refer the case to the Prosecutor's Office for completion of the pre-trial investigation in General. The judgment declaring the process participants and issued general order.
416.10 article. The effect of the agreement has been approved by the Court and the judgment of conviction judgment, it can only be appealed in cassation. The verdict can be appealed by the defendants, his counsel and legal representative, and the Prosecutor. "
12. Supplement article 497 of the fourth subparagraph with the sentence as follows: "in cases where the person is to be arrested and 48 hours from the moment of receipt of the request for extradition the Prosecutor established by this code 490. referred to in the second subparagraph of article, a request for extradition, the person can be shown to be issued within 20 days."
13. Replace the words "in article 53, the Interior Ministry of" with the words "Justice Minis-three." 14. Replace the words "in article 559 Home Affairs Ministry" with the words "Ministry of Justice in cooperation with the Ministry of Interior". 15. To supplement the code with the transitional provisions for the following: "1. the transitional provisions to 2004 30 April article 96 of the code in the second subparagraph of paragraph 3, the following people on the advocate in criminal cases can only be in accordance with the binding between the Republic of Latvia-folksy on legal aid contracts. 2. In connection with article 155 of the code the exclusion of prosecutors from the entry into force of the amendment should be repealed its decision relating to the accused from Office to reset things during the investigation. "
The law shall enter into force on 1 March 2004. The Parliament adopted the law of 19 February 2004.
State v. President Vaira Vīķe-Freiberga in Riga on 2 March 2004, the