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Punishment Register Act

Original Language Title: Sodu reģistra likums

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The Saeima has adopted and the President promulgated the following laws: the law, chapter I of the register. General provisions article 1 the purpose of the law is to create a single record of criminal offences and administrative infringements committed by persons, as well as to ensure State and local government authorities and other interested parties in obtaining information on the register (hereinafter register) stored messages.
 
2. article in the register is collected, processed and stored information about people who kept suspected, accused, tried, convicted, is justified in committing a criminal offence for which administrative penalties applied in the Republic of Latvia, as well as in Latvia registered entities, citizens of Latvia, non-citizens in Latvia have received a permanent residence permit for foreign nationals, stateless persons and refugees who have committed criminal offences and administrative infringements in other countries.
 
Article 3 the message into the registry, their processing, use and maintenance of the register is provided by the Ministry of the Interior.
 
Article 4 maintenance of the register is financed from the State budget specifically for these purposes.
 
Article 5 details of convicted abroad of Latvia registered legal persons, foreign citizens of Latvia, punished non-citizens in Latvia have received a permanent residence permit for foreigners, stateless persons and refugees shall be included in the register in accordance with the Republic of Latvia binding international agreements.
 
Article 6 (1) message exchange with foreign law enforcement authorities is going on in the language specified in the agreement and in order.
(2) messages that are received from foreign law enforcement agencies, provided a translation into the language of the country.
 
 
Chapter II. To be included in the register news article 7 About committing the crime suspect to be included in the register the following particulars: 1) person's name (name), surname;
2) personal code (foreigners in addition to indicate the date of birth);
3) nationality and type;
4) residence (address);
5) the name of the authority, which is located in the criminal proceedings;
6) the number of criminal cases during the pre-trial investigation stage;
7) the date when the person on the basis of suspicion of a criminal offence on hold, as well as the name of the authority which has taken hold;
8) security features, its application, alteration or cancellation date and the name of the authority of the decision taken by the concerned;
9) criminal law article, part of the point that defines the offence for which the person committing it is suspected;
10) suspension of pre-trial investigation of criminal matters (renewal) date and the name of the Authority adopted a decision on the suspension of pre-trial investigation of criminal matters (renewal);
11) criminal (Division) of the merger date, name of the Authority adopted a decision on the merger of the criminal (Division), and added (split) the number of criminal cases;
12) people search advertising (search termination) date, the name of the authority issuing personal search (ceased), and search case number;
13) of the code of criminal procedure of Latvia article, part of the point at which criminal proceedings are terminated, and the date of termination;
14) details of arrested persons in the movement;
15) news on the exchange of personal data (date, old and new data).
 
Article 8 of the criminal offence the accused person to be included in the register the following particulars: 1) person's name (name), surname;
2) personal code (foreigners in addition to indicate the date of birth);
3) nationality and type;
4) residence (address);
5 the name of the authority of the public prosecutor's Office), which is located in the criminal proceedings;
6) the number of criminal cases during the pre-trial investigation stage;
7) security features, its application, alteration or cancellation date and the name of the authority of the public prosecutor's Office that the decision was adopted;
8) criminal law article, part of the point that defines the offence for which the person is accused of committing;
9) criminal pre-trial investigation (renewal) date of suspension and prosecution authority which decided on the criminal preliminary suspension (renewal);
10) criminal (Division) date of merger, the name of the public prosecutor's Office, which decided on the consolidation of the criminal (Division), and added (split) the number of criminal cases;
11) people search advertising (search termination) date, authorities name the Prosecutor's Office, which issued a personal search (ceased), and search case number;
12) the prosecution launch date and the name of the authority of the public prosecutor's Office, which launched a criminal prosecution;
13 the name of the Court), to which the criminal, criminal sent the shipment date, the name of the authority of the public prosecutor's Office, which sent a criminal court;
14) of the code of criminal procedure of Latvia article, part of the point at which criminal proceedings are terminated, and the date of termination;
15) details of arrested persons in the movement;
16) news on the exchange of personal data (date, the old and the new data).
 
Article 9 of the criminal offence convicted (defendants, acquitted) person to be included in the register the following particulars: 1) person's name (name), surname;
2) personal code (foreigners in addition to indicate the date of birth);
3) nationality and type;
4) residence (address);
5 the name of the Court), which is located in the criminal proceedings;
6) the number of criminal cases during the pre-trial investigation stage;
7 stop hearing criminal matters) (restore) the date and the name of the Court which decided on the suspension of the hearing of criminal cases (renewal);
8) criminal (Division) of the merger date, name of the Court which decided on the consolidation of the criminal (Division), and added (split) the number of criminal cases;
9) people search advertising (search termination) date, the name of the Court, who decreed (ceased) personal search, and search case number;
10) date on which the judgment or decision made (hereinafter the decision), which become final;
11) name of the Court declares, having been convicted by a final judgment in criminal cases;
12) criminal law article, part, point, after which the person convicted (acquitted);
13) of the code of criminal procedure of Latvia article, part of the point at which criminal proceedings are terminated, and the date of termination;
14 the principal and additional penalty imposed);
15) a civil action;
16) the date when the ruling becomes final;
17) news about medical or educational nature, the application of coercive measures (date of application, the name of the Court which applied the compulsory feature, and the type of coercive measures);
18) name of the judge who pronounced the legal rulings which have entered into force;
19) application of amnesty or pardon;
20) the date when the penalty imposed was served (executed);
21) details of convicted persons (defendants) move of the prisons, as well as the release of (the name of the prison grounds for and date of release);
22) its name of locality to which the person chosen to go after release from prison;
23) news on the amendment under penalties (title, date, and the new penalty);
24) news about a person's criminal record to remove the (name of court and date);
25) news on the exchange of personal data (date, old and new data).
 
Article 10 Of administrative offences committed by a person in the register include the following: 1) person's name (name), surname;
2) personal code (foreigners in addition to indicate the date of birth);
3) nationality and type;
4) residence (address);
5) legal persons name, registered office and registration number;
6) administrative offences code of Latvia or other regulatory acts, part of the article, the point at which there is a specific offence for which the person committing to administrative liability called;
7) the infringement date and place;
8) body (Officer), which has administrative Protocol;
9) administrative infringement case number;
10) news on administrative penalty [authority (Officer), which imposed a fine, penalty, penalty, and Mayor];
11) recovered property loss claims;
12) date when the penalty was served (executed).
 
Article 11 should be included in the register particulars of the document (the document title, date, number), on the basis of which was the inclusion of news and news supplementing or adjustment.
 
Article 12 contained in the register is the limited availability of information and only disclosed in accordance with the procedure laid down in this Act and the amount.
 
Article 13 (1) news of the Ministry of the Interior in the Cabinet of Ministers for inclusion in the Register prescribed by and to the extent the following authorities: 1) certificate authorities;
2) prison administration;
3) prosecution authorities;
4) Court;
5) authorities empowered to examine cases of administrative offences;
6) home system;
7) National Pardon the Office service;
8) national and municipal authorities;
9) business register.

(2) the first paragraph of this article, the authorities are responsible for the timely delivery of messages to the registry and this post compliance with its supporting documents.
 
Article 14 to ensure truthful and up to date of this law, 7.-10. the information referred to in article storage and completeness of the report, the Ministry of Internal Affairs is entitled to request and receive free information from State and local authorities.
 
Article 15 (1) the register shall include the particulars are divided into current database and archive database.
(2) current database stores messages on the Court for criminal matters, pending appropriate educative nature of forced features, medical coercive means, an individual's criminal record, which was deleted (removed), as well as details of the natural or legal persons under administrative penalties applied in cases of infringement, from which prison time has passed less than a year.
(3) the archive database stores the details of the termination of the criminal proceedings, the educative nature to comply with forced features, medical termination of application of coercive measures, delete (remove) convictions, criminal cases in which an individual is exempt from criminal liability, justified, as well as details of the natural or legal persons in cases of administrative infringements the appropriate punishment if the sentence of it has passed more than a year.
 
 
Chapter III. The register shall include the provision of news article 16 (1) the right to receive messages from the current database of the registry are: 1) the natural persons — information about themselves;
2) cognitive authorities, the prosecution authorities and courts in the proceedings-news use of the pre-trial investigation, for examination and hearing;
3) operational entities: the operational activity in accordance with the law;
4) authorities, who have jurisdiction in cases of administrative offences, it records-news administrative irregularities in the proceedings;
5) other public authorities, municipalities and their institutions, organizations and companies, which delegated the functions of public administration — legal or statutory objectives;
6) sworn advocates — details of the person in criminal proceedings or defended the administrative offence case;
7) employers to verify an individual's compliance with the laws and restrictions, making their work or service (including the laws that provide for appropriate limits);
8) other legal entities-legal or statutory cases.
(2) the register shall include the particulars prescribed by the Cabinet of Ministers issued by the Interior Ministry.
 
Article 17 (1) natural persons can be obtained from the registry in the order of the Cabinet of Ministers for its convictions: 1): the sentencing date, name of the Court, criminal law (Criminal Code of Latvia), part of the point at which a person has been convicted, the punishment and the Mayor, parole date;
2) proposed that in criminal cases a claimant is or was a suspect, the accused, the criminal defendants: number, criminal law (Criminal Code) article, the part, the point at which you prosecuted, authorities in criminal proceedings, security features and the date of application;
3) fine, which reports to the requestor is appropriate in the case of the infringement: the administrative penalty, date, name of the Authority (Officer), which imposed the fine, the Latvian Code of administrative offences or other legislative act article, part, point, after which the person penalized for the administrative offence, the penalty, and the Mayor, sentence date.
(2) all post requests are fulfilled within 15 working days from receipt of the request. If the request is not executed within the time specified in the message, the applicant shall be informed of the grounds.
 
Article 18 (1) for the purpose of scientific or statistical research information from the registry to be released in the Cabinet in the order and volume.
(2) messages that are issued for the purpose of scientific or statistical studies, may not contain personally identifiable data.
 
Article 19 (1) the right to receive information from the Register archive database are: 1) the natural persons that register the archive database stores information;
2) cognitive authorities, the prosecution authorities and courts of the pre-trial investigation, cases and trials;
3) persons required for scientific terms or statistical studies;
4) other public authorities, municipalities and their institutions, organizations and companies, which delegated the functions of public administration: law for the intended purpose.
(2) in order to receive news from Registry archive database, according to the first paragraph of this article, given the need for justifying the message.
 
Article 20 Statement of the registry to provide foreign law enforcement authorities permitted cases and in the order prescribed by the Republic of Latvia binding international agreements.
 
Article 21 (1) of the natural and legal persons for the issue of the certificate of registry of the State fee to be charged by the Cabinet of Ministers and in accordance with the procedure laid down.
(2) the State and local authorities are exempt from payment of State fees.
 
Chapter IV. The registry includes the message retention period of article 22 (1) information from the registry for the current database are moved to the archive database of the register, if the person is acquitted by a court, released from criminal responsibility or punishment, if it ended a medical or educational nature, the application of coercive measures, after dropping criminal (removal) If criminal proceedings are terminated when, on administrative parole one year has passed, as well as due to the physical death and the liquidation of the legal person.
(2) registry data base the archive particulars of natural persons are kept for 10 years after that person's death.
(3) details of natural and legal persons to administrative irregularities in the archive database stores in 10 years.
(4) after the expiry of the time limit for storage of archive Records in the database are destroyed, and the legislation is drawn up.
 
 
Transitional provisions in accordance with the requirements of the Act to be included in the register of the Ministry of Interior information center of criminal offences committed by the person filing information.
The law shall enter into force on 1 January 2002.
The Saeima adopted the law on 11 October 2001.
 
State v. President Vaira Vīķe-Freiberga in Riga, 2001 October 31, editorial comment: the law shall enter into force on January 1, 2002.