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On The Educative Nature Coercive Measures In Children

Original Language Title: Par audzinoša rakstura piespiedu līdzekļu piemērošanu bērniem

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The Saeima has adopted and the President promulgated the following laws: The empowering nature of coercive measures for children in chapter I General provisions article 1. (1) the law specifies the empowering nature of the types of coercive measures and procedures for their implementation.
(2) empowering nature of forced features are adequate to achieve the following objectives: 1) public interest value orientations formation and strengthening of the child;
2) child's orientation to abstinence from illegal activities;
3) social behavior for child with reintegration into society. the anomalies
 
2. article. Educative nature coercive measures can be applied to the child, if he committed the offence or offences for which the law provides for criminal or administrative liability (hereinafter referred to as the offence or irregularity).
 
3. article. Educative nature coercive measures can be applied to children between the ages of 11 to 18.
 
4. article. Educative nature coercive measures applied to children who have committed criminal offences: 1) and that the Court ordered the release of a fine;
2) criminal offence and tried in the Court conditionally;
3 the Criminal Code provided for offences), for which the Prosecutor or with the consent of the Prosecutor inquiries the perpetrator took the decision to propose the abandonment of criminal proceedings or a decision on termination of the criminal proceedings and the transmission of the material;
4) the infringement in respect of which the decision on administrative infringement cases or transmission of material in the municipal Administrative Commission of educative nature of application of coercive measures.
 
5. article. (1) the empowering nature of coercive measures in criminal matters (article 4 (1) and (2)) shall apply to the Court.
(2) the termination of the criminal proceedings and materials for an offence (article 4 paragraph 3) appearance and educative nature coercive measures applied in district (City) by a sole judge.
(3) the administrative infringement cases and materials on the offence (article 4, paragraph 4) appearance of the municipal Administrative Commission (hereinafter referred to as the Administrative Commission). The municipality can be created by the Administrative Commission of such cases.
 
Chapter II the empowering nature of forced features article 6. (1) children may be subject to such educative nature coercive measures: 1) warn;
2) be obliged to apologize to the victims if they agree to meet with the perpetrator;
3) put children in the guarantee, parents or guardians, as well as other persons, institutions or organizations;
4) be obliged in their work to prevent the harm;
5) child who reached the age of 15 and who has income, be obliged to pay damages;
6) to determine the behavioral constraints;
7) be obliged to carry out community work;
8) Insert the adjustment of children in social education.
(2) an infringement may apply paragraph 1., 2., 3., 4., 5 and 6 referred to the educative nature coercive measures.
 
7. article. (1) this law, article 6, first paragraph, the empowering nature of certain coercive measures can be applied as a basis for coercive measures.
(2) in addition to the above mentioned character of forced features child may be obliged to seek treatment from alcohol, narcotic substances, psychotropic substances or other dependencies.
 
8. article. Applying the empowering nature of forced features, account of the offence and the nature of the infringement, and causes the child's age and life circumstances, his degree of participation in the offence, as well as the behavior of the educational institution or workplace and household.
 
9. article. (1) to apply the empowering nature of the detention, the obligation for his work to eliminate the consequences of the damages that could, if the child has reached 15 years of age and if the work is not associated with an increased risk of his safety, health, morals and development.
(2) a child who has not reached 15 years of age, may be obliged by their work in preventing injury consequences if they are overcome with work, which allowed to employ such children.
 
10. article. (1) the application of the educational nature of the detention, the behavioral restrictions, obliging the child to perform specific actions or to refrain from certain activities.
(2) to identify child behavioral restrictions can temporarily from 30 days to 12 months.
(3) the child can determine the following behavioural restrictions: 1) prohibit going down in public places;
2) prohibit the meet with certain persons;
3) prescribe the specific time of the day to be in your place of residence;
4) be obliged periodically (one to four times a month) to attend family courts in the registration (pagastties), the child protection centre, the municipal social services or other educative nature coercive means specified by the institution of the adopter;
5) be obliged to participate in the social adjustment or social assistance programmes;
6) be obliged to attend the educational institution or to continue working;
7) be obliged to come to the counseling psychologist, doctor or to other specialists.
(4) the Court (judge) or the Administrative Commission shall, when applying this article, the nature of compulsory educative tool, you can specify one or more of the third part of this article, these behavior restrictions.
 
11. article. (1) to impose a child to carry out public works may temporarily from 10 to 40 hours.
(2) the public work is the involvement of the child the necessary authorities to the public in the work that a child perform free of charge your residence area of employment and training in his spare time. Public works organisation, subject to the statutory conditions of the child bans and restrictions.
(3) the public works procedure determined by the Cabinet of Ministers.
 
12. article. (1) put the child in the guarantee, parents or guardians, as well as any other person, body or entity may for a period of six months to one year, but no longer than up to 18 years of age.
(2) in the first subparagraph of this article, the specific nature of compulsory educative feature can be applied if: 1) the person, institution or organisation agrees to nurture and monitor children and these persons have no negative impact on the child;
2) child agrees that he shall be referred to in the guarantee to the prescribed person, entity or body, I promise to respect their opinions and to respect the established procedure.
 
13. article. Social adjustment of the educational institution a child may be placed for a period of one year to three years, but no longer than up to 18 years of age.
 
14. article. (1) the Court (judge) or the Administrative Commission with the child and his parents (guardians) or the consent of the family courts can impose an obligation on the child for treatment of alcohol, drugs, psychotropic substances or other dependencies, if it was on the basis of the offence or the offence. Placing a child social adjustment education, he necessarily provide treatment of alcohol, drugs and psychotropic substances for dependencies.
(2) compulsory treatment in the Cabinet.
 
Chapter III Offences and violations of article 15 of the examination. Facts about the offence committed by the child law checks cognitive perpetrator or a public prosecutor, but the facts of the infringement — institutions (officials) empowered to initiate proceedings for administrative offences in the case or to review an administrative infringement cases.
 
16. article. (1) inspection of the offence and criminal cases, which are being prepared for shipment to the Court the question for decision on empowering nature of the coercive measures, the following documents to be added: 1) certificate from the register of the penalty before the delinquency;
2) extract from the outpatient medical record, as well as cognitive, issuing authorities, leading to psychiatric disorders and diseases of psihiskaj diseased patients public records and State patient and addictive substance users national registry;
3) from educational institutions or jobs;
4) certificate from the municipal social assistance service for children in the household.
(2) in the first paragraph of this article documents require cognition perpetrator or the Prosecutor.
 
Article 17. (1) the decision on refusal to institute criminal proceedings and the decision on the termination of criminal proceedings in connection with the shipment of the material to the Court the question for decision on empowering nature of coercive measures adopted the child with the consent of the Prosecutor or Prosecutor inquiries that the perpetrator of the offence test materials or terminated the criminal sent to the district (municipal) Court.
(2) the decision on the administrative violation or infringement of the case examination material sent to the Administrative Commission shall adopt institutions (officials) empowered to initiate proceedings for administrative offences in the case or to review an administrative infringement cases.
 
Chapter IV proceedings before courts and Administrative Commission article 18. (1) the offence test materials or end in criminal cases sent to court for decision on a question of empowering nature of coercive measures for the child, the judge examined in accordance with the procedure laid down in this Act.

(2) the infringement test material or administrative offences, which sent the matter to the Administrative Commission for decision on empowering nature of coercive measures for the child, the Administrative Commission in accordance with the procedure prescribed by law, in so far as it complies with the procedures laid down in this chapter.
 
19. article. Things about the empowering nature of coercive measures for children in court or the Administrative Commission at the child's place of residence.
 
20. article. The judge and the Administrative Commission hears cases on the empowering nature of coercive measures and shall take a decision within 15 days after the test materials or things received.
 
21. article. (1) hearing required participating Prosecutor, child, one of his parents (guardian) or a representative of the family courts, Attorney, child protection institutions specialist and a police inspector.
(2) meeting of the Administrative Commission necessarily participate in the child, one of his parents (guardian) or a representative of the family courts, child protection institutions specialist and a police inspector.
(3) the Administrative Commission shall, if necessary, to invite the meeting of the family courts (pagastties), educational institutions, social welfare institutions or medical authority and heard his views about the educative nature applicable to detention.
(4) the persons referred to in this article to the hearing and the hearing of the Administrative Commission shall be entitled to inspect the empowering nature of coercive measures for the child, to sign up, as well as submit requests for additions.
 
22. article. To the Court of session or the meeting of the Administrative Commission of the administrative judge or the Commission may invite any persons that may provide information on the child and his breach of the Act or to listen to the explanations of those persons.
 
23. article. (1) if the child is not designated a lawyer to his legal representative, the lawyer's participation in the proceedings, the Court provides.
(2) the judge in accordance with the procedure prescribed by law have the right to fully or partially exempt the child and his or her legal representative from the payment of legal aid.
 
24. article. (1) the Court of Justice and the Administrative Commission on time and place of the meeting declares in article 21 of this law.
(2) if the child does not coming to sit for good reason, the proceedings are suspended.
(3) if the child is at the Court's invitation to attend the meeting avoided, the judge may decide she forced the arrival of the national police.
(4) if the child is avoided to attend meetings of the Administrative Commission, the Administrative Commission shall apply to the empowering nature of detention on the basis of the child's written explanation.
 
25. article. Things about the empowering nature of the coercive measures, the appearance of a child in an enclosed court or administrative hearing Commission.
 
26. article. (1) after all the circumstances, the judge shall adopt one of the following decisions: 1) apply one of this statutory basic educative nature coercive means or basic and advanced feature of coercive order;
2 send the materials back) the Prosecutor further inspection;
3) to close the case on the empowering nature of coercive measures for the child.
(2) After examination of all the circumstances, the Administrative Commission shall adopt one of the following decisions: 1) apply one of this statutory basic educative nature coercive means or basic and advanced feature of coercive order;
2) to close the case on the empowering nature of coercive measures for the child.
 
27. article. The Administrative Commission shall take the decision to close the case on the empowering nature of coercive measures for the child, if: 1) it shall refer the material to the offender or the Prosecutor of the certificate;
2) was not an event or for activities not provided for identified administrative responsibility;
3) child who committed the unlawful act or omission is not included;
4) child acted in extreme necessity or self-defence;
5) is repealed the Act that establishes the administrative responsibility;
6) up to the date of the infringement proceedings is two months from the date of the offence;
7) on the same facts in relation to the child if it is accepted, the competent bodies (officials) decision on empowering nature of application of coercive measures, the imposition of the administrative penalty or termination of the infringement, as well as if that fact is prosecuted;
8) child, against which a proceeding commenced, dead.
 
28. article. (1) On the judge's decision, which has not become final, the Prosecutor may file a protest, but the rest of the article 21 of this law the person referred to in the first subparagraph may appeal against that decision to the District Court within 10 days after its adoption.
(2) decision of the Administrative Commission of this law, article 21, second paragraph, the following people may be appealed against in court within 10 days after its adoption.
 
Chapter v the decision on empowering nature of coercive measures for the enforcement of article 29. (1) the Court or the decision of the Administrative Commission of educative nature coercive measures send the child the child's place of residence for enforcement to the local government.
(2) this law, article 6, first paragraph, point 3, in the case referred to in the decision on the empowering nature of coercive measures for the child sends a person, body or organization to whom a child is placed in the guarantee.
 
30. article. (1) the decision on the public works monitor the national probation service.
(2) the decision on placing the social adjustment of educational performance monitor the relevant authorities.
(3) the decision on the other empowering nature of forced compliance supervised the imposition of local designated authority, in cooperation with the national probation service, children, education, national police, public bodies and other institutions.
 
31. article. The person who monitors the empowering nature of decision on coercive measures for the child, equipment performance for each child according to the case, which is regularly supplemented with information on the educative nature, the application of coercive measures.
 
Article 32 (1) if the person who supervises the empowering nature of decision on coercive measures for the child in the case of the offence or infringement enforcement establishes that the child was in good faith and fulfilling suitable in terms of coercive measures and not make new offences, it may submit to the Court or the Administrative Commission motivated written proposal on the educational nature of the duration of the application of coercive measures.
(2) if the person who supervises the empowering nature of decision on coercive measures for the child in the case of the offence or infringement enforcement establishes that the child does not duly fulfil the obligations imposed on him or consciously avoid the empowering nature of decision on coercive execution of the application, it may submit to the Court or the Administrative Commission motivated written proposal on the empowering nature of application of coercive measures of expectancy or appropriate educative nature coercive means replacing with tougher detention.
 
33. article. (1) a judge or Administrative Commission proposal after the person who supervises the empowering nature of decision on coercive measures for the child may decide about the educative nature of application of coercive measures to increase or decrease the length of the time limit laid down in this law.
(2) if the child is consciously avoids the empowering nature of decision on coercive execution of the application, the judge or the Administrative Commission may replace the appropriate educative nature forced feature with tougher detention.
 
Chapter VI social adjustments in educational institutions article 34. (1) the social adjustment of educational institutions are the Ministry of education and science and to act in accordance with the education law, education law, and the Minister of education and Science approved the Charter.
(2) the social adjustment of educational establishments financed from the State budget in accordance with the law on the State budget for the current year.
(3) the order in which the child is placed in a social institution of correction shall be determined by the Cabinet of Ministers.
 
35. article. (1) if the child endangers his or other people's life or health, the social adjustment of educational institution, they may be isolated from other children for a period not exceeding 48 hours.
(2) the decision on the child's isolation, the need to adopt the appropriate authorities the driver after a substantiated proposal, submitted for the child's upbringing and care institutions responsible employee.
(3) the child explains his reasons of isolation.
(4) the child's isolation during the provision of enhanced surveillance for him and his health, as well as the physical and spiritual needs.
(5) all the Insulation child focused and child behavior in chronological order each case in writing.
(6) the social adjustment of the educational Manager is responsible for the application of the child's isolation, the conditions of isolation and insulation.
 

36. article. (1) not later than three months before the child should leave the social adjustment of the educational establishment, the head of this authority, inform the child's former residence in municipal and State police.
(2) if necessary, the municipal social assistance service, in cooperation with health care, education and other authorities shall take measures for the child's reintegration in society.
 
Transitional provisions 1. With the entry into force of this law shall lapse at the law on the educative nature coercive measures to minors "(Republic of Latvia Supreme Council and Government Informant, 1993, no. 24).
2. the training and re-education institutions convert to social adjustments in educational institutions. Children placed in training and re-education institutions, further applicable provisions of this law relating to children and stay into the social adjustment of educational institutions.
3. The Cabinet of Ministers in developing the State budget draft for 2003, for the implementation of this law include the necessary funding.
The law shall enter into force on January 1, 2004.
The law adopted in 2002 the Saeima on 31 October.
State v. President Vaira Vīķe-Freiberga in Riga 2002 November 19, editorial comment: the law shall enter into force by January 1, 2004.