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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 criminal code as follows: 1. Article 17: replace the second paragraph, the words "things about sex" with the words "things on criminal offences against morals and dzimumneaizskaramīb";
Supplement to the fifth article as follows: "in cases considered closed or partially closed hearing, the judgment of the introductory part and the operative part declaring in open court. Then the grounds of the judgment declaring the closed hearing. "
2. Express article 32 the following: ' article 32. The criminal jurisdiction of the District Court of the District Court as the Court of first instance has jurisdiction in criminal proceedings for crimes against humanity, peace, criminal cases of war crimes, genocide, crimes against the State and for such serious and particularly serious crimes provided for in the criminal law and in article 117.118, article 153 in the second and third subparagraphs, and article 154, 176 in the fourth paragraph of article, the third paragraph of article 177, 179 in the third subparagraph of article ,183., in the second paragraph of article 184. Article 190 in the third paragraph of article 192, 224, 225, article and Article 251 in the third paragraph, the third subparagraph of article 252, 253 article third and fourth, in part 257., in the second paragraph of article 258., in the second paragraph of article 268 article 320 article 321 of the third part, the second part of the article, in the second paragraph of article 322, 323, in the second paragraph of article 348 and 349 article by article, all criminal cases that made the person in liecinoš the special procedural protection measures, as well as all the criminal offences against morals and dzimumneaizskaramīb, if they are committed by the juvenile or the juvenile.
District Court as the Court of first instance may consider things also for other criminal offences which it considers appropriate to take your examination of the legal complexity of the case or for security reasons. "
3. Article 35 be expressed as follows: "article 35. The determination of the jurisdiction of criminal proceedings in certain cases, in some cases, to bring criminal proceedings quicker and to provide law and order and security during the hearing, the Court of criminal jurisdiction may be referred to another court of the same instance. The transfer of the case to another court only up to the beginning of the trial court.
The question of the transfer of criminal proceedings in the first paragraph of this article, the cases from one district (City) Court in another district (City) Court of Justice settled the relevant criminal court of the District Court, but the College for criminal referrals from one District Court to another court, the Supreme Court's Criminal Chamber of the Court. "
4. Express article 38 the third paragraph as follows: "If the district (City) Court hearing learned that the District Court to have jurisdiction, it shall send the proceedings of the District Court. The case, launched by the District Court, the hearing could not be put to the district (municipal) Court, although, those are established that it has jurisdiction in the district (City) Court. "
5. To make the first paragraph of article 70 of the third sentence by the following: "If the security feature is designated in respect of the person that is suspected particularly serious crime or criminal offence, consideration of which, in accordance with article 32 of this code agree to District Court, prosecution against that person claim not later than thirty days from the date of application of the security features."
6. Article 77: make a fifth by the following: "After the completion of the investigation before the statutory maximum detention term expired criminal materials immediately reportable to the accused and his counsel to be able to become acquainted with them. In this case, the time used all the accused and their advocates for introducing the criminal, not the term of detention imposed as a safety feature, if the second and third subparagraphs have been met these conditions. ';
turn off the sixth;
consider the current seventh paragraph of sixth.
7. Express 106.5 the second subparagraph by the following: "things that show the persons to be protected, in a closed hearing."
131. Article 8: make the third paragraph as follows: "one or more criminal offences of committing accused persons in common use, as well as the use of one and the same person committed several criminal offences by prosecutors or cognitive decision making with the consent of the Prosecutor can be broken if this Division is necessary, and without prejudice to the right of the matter. Things need a Division must be motivated. "
to supplement the article with the new fourth subparagraph by the following: "in cases where it is necessary to ensure liecinoš parties special criminal procedural protection, the public prosecutor or the reasoned decision making enquiries with the consent of the Attorney-General can be broken if this Division does not harm the proper functioning of the matter.";
consider the current fourth and fifth respectively on the fifth and sixth.
9. in article: 208.1 replace the words "in the name of the article which significantly helped uncover organised groups committed" with the words "who helped discover other people do";
make the first part as follows: "the decision of the Attorney-General may terminate the criminal proceedings against the person who helped reveal the other person committed a serious or very serious crime that are heavier or more dangerous than the same person committed the criminal offence as a result of this assistance, and gathered enough evidence to bring charges against provides the basis for the crime."
10. Add to article 223 second paragraph after the words "If the judge does not join the indictment's conclusions" with the words "or in accordance with the law of the Constitutional Court are to be submitted to article 19.1 application initiating proceedings in the Constitutional Court."
11. Make 225 (1) of the article as follows: "1) or have jurisdiction this Court and whether or not conditions, which must be received by the jurisdiction of the requested amendment;".
12. in article 229: Add to the article with a new third paragraph as follows: "If the Court, in accordance with the law of the Constitutional Court decides to apply article 19.1 of the initiation of the Constitutional Court, that criminal proceedings be suspended until the entry into force of the Constitutional Court's ruling.";
consider the current third and fourth respectively on the fourth and fifth.
13. Express article 230 of the following: ' article 230. Things progress by jurisdiction or jurisdiction to determine the dispatch if the judge or the Court finds that the case is not competent to judge whether this Court also finds that the jurisdiction should be amended, the decision is taken on the progress by jurisdiction or sent to a higher court for the determination of jurisdiction. "
14. Article 258: Add to the article with the new fourth subparagraph by the following: "If the Court, in accordance with the law of the Constitutional Court decides to apply article 19.1 of the initiation of the Constitutional Court, that criminal proceedings be suspended until the entry into force of the Constitutional Court's ruling.";
consider the fourth, fifth and sixth respectively on the fifth, sixth and seventh.
15. Supplement article 263, second subparagraph after the word "decisions" with the words "for submission to the Constitutional Court".
16. Make the following article 276: "276. article. The beginning of the investigation the Court judicial investigation begins, the Prosecutor read the indictment to the accused of the descriptive part of the explanations and evidence analysis. The Prosecutor also reports on the planned civil action. The judge read the decision about the transfer of the accused to the Court.
After hearing the President asks defendants whether he had read the indictment if he understood the charge, if necessary, explain the nature of the charges and asks whether the defendants admit guilty or admit the logged on, as well as civil action asks the civil and his representative, or they stay civil.
If the proceedings are suspended after initiation of the investigation and the Court postponed the case to the same court, the descriptive part of the indictment, the civil action application and a decision on the transfer of the accused to the Court may not be read. "
17. in article: Supplement 367.1 article with a new first paragraph as follows: "If the process of driver or the convicted person's application for judgment of the Court of Justice reduced penalties laid down in regard to the convicted person help another person commit a serious or particularly serious crime, the Attorney General, met with the materials of the investigation, go to court with submissions about the judgment of the Court of Justice reduced penalties laid down, or adopt a reasoned decision to refuse to go to court with submissions about the penalty laid down in the judgment of the Court.";
consider the current first, second, third and fourth respectively on the second, third, fourth and fifth;

to replace the existing first paragraph, the words "substantially helped uncover organised groups committed serious or very serious crime that are heavier or more dangerous than the person's own crime" with the words "helped to discover another person commit a serious or very serious crime that are heavier or more dangerous than the same person committed the criminal offence".
18. Turn off 406. the second paragraph of article 2 and paragraph 4.
19. Add to article 412 of the second part as follows: "in cases of minor criminal offences and for the criminal offences that are dumb, deaf, blind, or their physical or mental deficiencies could not themselves exercise their rights of defence, the Defender shall participate from the moment that person, which is the news that they have committed a criminal offence, give explanations regarding the circumstances of the offence."
20. Supplement article 416 with the seventh paragraph as follows: "If the decision has been taken not to make a judicial inquiry, the judgment must indicate that the defendants guilt proven but evidence analysis is not required."
21. To supplement the code with a new article following 460.1: "460.1 article. The Court of Cassation in the application initiating proceedings in the Constitutional Court if the proceedings, cassation instance court held that the provisions of the law applied in this case, does not meet the highest legal force law (Act), it shall submit an application for the initiation of the Constitutional Court, while criminal proceedings to be suspended until the entry into force of the Constitutional Court's ruling. "
Transitional provision cases brought to trial in the district (municipal) Court or District Court jurisdiction up to the specified this law into force, since the same court in which they are submitted.
The law adopted by Parliament in 2001 15 February.
 
State v. President Vaira Vīķe-Freiberga in Riga, March 6, 2001 the law shall enter into force on the 20 March 2001.