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The Amendments To The Criminal Law Of The

Original Language Title: Grozījumi Krimināllikumā

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The Saeima has adopted and the President promulgated the following laws: criminal law amendments to make the criminal law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 1998, no. 15; 2000, no. 12, 13, 15; 2001; 2002, nr. 11, 16, 22, 23 no; 2003, 10, 15; 2004, nr. 2, 3, 4, 6, 11, 12, 13; 2005, nr. 2, 11, 12, 13, 20, 21; 2006, no 1., 7., no. 22; 2007 3, no. 15; 2008, 3, nr. 24; 2009, 13, 15, 21. no; Latvian journal, 2009, 193. no; 2010, 178, 199. no; 2011, 99, 117, 148, 199. no; 2012, 202. no; 2013, 61 no; 2014, 66, 70, 105, 204. No.) the following amendments: 1. Complement article 43 with 1.1 part as follows: "(11) expulsion from the Republic of Latvia is not applicable in the Member State of the European Union, the countries of the European economic area or the Swiss Confederation citizen, as well as his spouse, children up to twenty-one years of age, your parent or the person with whom he lives with, and with which he is joint (not shared) facilities or his dependants, except When the Court considers that, given the circumstances of the case, the nature of the offence and the personality of the offender, it is located in the Republic of Latvia presents a serious threat to public order or national security. If such a person has resided in the Republic of Latvia during the previous ten years, or is a minor, then for their removal shall apply only if the Court considers that, given the circumstances of the case, the nature of the offence and the personality of the offender, it is located in the Republic of Latvia constitutes a serious threat to national security. Expulsion from the Republic of Latvia the applicable to minors, even if its not in the best interests of the Republic of Latvia in accordance with binding international agreements. " 2. Article 55: replace the second paragraph, the words "the Court and the enforcement of criminal sentences imposed regulatory obligations set out in the law" with the words "criminal enforcement of regulatory and statutory national probation service obligations"; turn off the fourth paragraph, the words "as well as the reasons why the relevant obligations imposed on convicted"; turn off the sixth, seventh and eighth; to make the ninth subparagraph by the following: "(9) if the conditional convict without justification to fulfil the execution of criminal sentences provided for in the law governing the national probation service or obligations, the Court, on the basis of the national probation service application, you can make a decision about the penalty laid down in the judgment enforcement or inspection of the convicted extension of up to one year."; turn off 10.1 paragraph, the words "on the sixth part of this article, the obligations laid down in or without it". 3. Article 61: Add to article 2.1 of the part as follows: "(21) loosely before releasing from the penalty, the convicted can apply to electronic surveillance, subject to the following conditions: 1) convict agrees to electronic supervision; 2) electronic monitoring implementation is possible in the place of residence of the convicted; 3) electronic monitoring application will contribute to integration in society the sentenced. "; Add to article 3.1 part as follows: "If this (31) in article 2.1 is laid down in part possible electronic surveillance application, conditional early release from the determination of the electronic monitoring may be initiated when convict actually has done: 1) not less than one-third of the prescribed punishment for less serious crimes; 2) not less than half of a certain soda if it sentenced for serious crimes, as well as if the convict is a person who previously had been sentenced to imprisonment for an intentional crime, and convictions for this crime is not removed or deleted; 3) not less than two-thirds of a certain soda if it sentenced on very serious crime, and if the convict is a person who in the past had been conditionally released before the term of the punishment and committed an intentional crime served part of the fine; 4) not less than twenty-four years of deprivation of freedom, if the convicted person is sentenced to life imprisonment. "; to make the fourth subparagraph by the following: "(4) relatively early release had served during the penalty portion to fulfil the execution of criminal sentences provided for in the law governing the national probation service and obligations. If conditionally released before the deadline without justification does not comply with these obligations, the Court, on the basis of the national probation service application, you can take a decision on the part of the fine is not served. "; to supplement the article with 4.1 and 4.2 part as follows: "(41) if the relatively early release, for which suitable for electronic monitoring, without valid reason, to fulfil the execution of criminal penalties laid down in the law governing electronic surveillance responsibilities, withdraw their consent for electronic surveillance or the circumstances in which he lives, it is no longer possible for the electronic monitoring of implementation, the Court, on the basis of the national probation service in the application, shall take a decision on the part of the fine is not served. (42) If before expiry of conditional release, for which suitable for electronic monitoring, is the exemplary execution of criminal sentences served in statutory and regulatory national probation service obligations and article 61 of this law, in the third paragraph, the deadline under which conditional early release from punishment without electronic monitoring, the Court, on the basis of the national probation service may decide the application for electronic monitoring. If the Court decides to cancel the electronic monitoring of convicted criminal is monitored according to the performance of regulatory legislation that the relatively early from parole released convicted supervisory rules. " 4. Supplement article 61.1 of the Act with the following: "article 61.1. Electronic monitoring (1) electronic monitoring is intense control measures laid down in the Court to restrict the free movement of convicted. To implement the electronic monitoring of convicted in the body attached to an electronic device that allows you to control his being in a certain place and time. (2) the Court shall determine the electronic surveillance for a period of one month to twelve months. (3) electronic surveillance period begins with the day when the electronic device is attached to the convicted body. The end of the Court term, electronic surveillance is monitored according to the convicted criminal enforcement of regulatory legislation that the relatively early from the penalty released convict prison supervisory rules, if the convicted is not served in time. " 5. Supplement article 65 with 3.1 part as follows: "(31) a conditional early release from punishment with electronic monitoring for a person who has committed a criminal offence before reaching the age of eighteen, may propose, if it served not less than one third of the penalty imposed." 6. turn off the article 72 the enacting terms, the word "armed". 7. Add to the informative reference to directives of the European Union with 18 as follows: "18) the European Parliament and of the Council of 29 April 2004, Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC , 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC. " 8. transitional provisions: turn off paragraph 13 in paragraph 2, the words "custodial institutions or Administrative Commission"; Add to transitional provisions 17 and 18 with the following: "17. Law on obligations imposed total or partial removal of the penalty laid down in the judgment, execution or check the extension of the conditionally sentenced, which was valid until January 31, 2015, are applicable to persons convicted conditionally to January 31, 2015. 18. in the framework of the law on the execution of part of the fine served a relatively early release, which was in effect until January 31, 2015, are applicable to persons who, before the date of the conditional parole released up to January 31, 2015. " The law shall enter into force on February 1, 2015. The Parliament adopted the law in 2014 on 16 October. The President a. Smith in Riga 2014 October 29