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. Replace, in article 3 2, article 5, first and fourth paragraph, 12, 17, 19, 19.1, 14.4, 14.5, 14.6, 14.7 in article 23.4, the first part of the third paragraph in point 2 and 3, article 34, 37, 41, in the fourth paragraph of article 47, 48, 63, 66. , 70, 71, 72, 74, 75, 76, 77 in article article in the third and fourth subparagraph article 81.1, 98, the first paragraph of article 1, in paragraph 100, 101, 102., article 107 106.1., in the second paragraph of article 108 article 109 article name, with the first and third part, 11 1, 120, 122, 123., article 125.1, 127, 129, 131., 140, 142, 143, 144, 145. Article 146 in the first and fourth , 168, 179, 182, 176.1., 209, article 223 in the third paragraph of article 225, paragraph 4, first subparagraph article 256, 257 in the first subparagraph of article 257.1, 300, 304, article 305 of the third paragraph of article 307 of the third paragraph of article 1, paragraph 312. Article 5, article 313 in the first and second subparagraph, and article 314 paragraph 4, article 317 in the first and third part 364. in the third subparagraph of article , 388 of the first paragraph of article 3 k it, 406. pun. the second paragraph of article 2, paragraph 408, 409, 410, 411.., 414 and in article 446. Article, second paragraph, the word "crime" (fold) with the words "criminal offence" (the fold).
 
2. in article 5: turn off the first part of paragraph 5, the words "public danger";
turn off the fourth paragraph, the words "exceptionally fine".
 
3. To supplement the code with article 5.3 as follows: "article 5.3. Refusal to institute criminal proceedings or criminal proceedings, releasing from the Criminal Prosecutor or with his consent, cognitive authority may decide to refuse to propose criminal or a decision on termination of the criminal proceedings, if: (1)) a person committed a criminal offence, which is provided for in the criminal code the signs, but that is not the damage caused to the criminal penalties imposed;
2) the person who committed a criminal offence, is a settlement with the victim or his legal representative;
3) a criminal offence committed by a minor and is found in the Commission of a criminal offence, and the special circumstances of the minor's personality for news that soften his responsibility.
It is not permissible to refuse to propose criminal proceedings or terminate criminal proceedings, oppose it if the person who committed a criminal offence, or in the cases specified in the law, its legal representative. In the case of a criminal offence may not be permitted to refuse to propose criminal proceedings or terminate criminal proceedings on the basis of the compromise, if the victim is a minor. "
 
4. Express article 8 by the following: ' article 8. Material or the termination of the criminal proceedings is sent to court in the empowering nature of the application of coercive measures if the minor has committed a criminal offence and 5.3 of this code are found in this article, the Prosecutor may decide to surrender to propose criminal or a decision on termination of the criminal proceedings and the material or terminated transmission of court empowering the criminal nature of the application of coercive measures for minors. "
 
5. Replace the words "in article 11.1 citizen" (fold) with the word "person" (fold).
 
6. Replace article 13, the word "citizens" with the word "person".
 
7. Turn off the article 19, first paragraph, the word "event".
 
8. Replace article 21, in the fourth paragraph, the word "citizens" with the words "natural persons".
 
9. Replace article 23.6 of the third subparagraph of paragraph 5, the word "crime" with the word "criminal".
 
10. Turn off article 27, first paragraph, point 3, the words ' public accuser "and the words" public defender ".
 
11. Make the text of article 28 as follows: "the judge may not take part in any court judgment or decision, if adopted, his participation in any instance is canceled."
 
12. To make the text of article 32 as follows: "the District Court has jurisdiction in criminal cases of particularly serious crimes, all things about extortion organised group, rail, water or air transport safety or violation of the terms of service, traffic road or rail, water or air transport damage, air or water vehicles, as well as the seizure of all criminal cases, which made liecinoš persons special procedural safeguards."
 
13. Express article 45 as follows: "article 45. Inquiries regarding his responsibilities and cognition the offender is a public official, in which is designated by the State police or other public institution, which are determined by law on the cognitive authority, which is responsible for the pre-trial investigation in accordance with the procedure laid down in this code.
If you have this code, referred to in article 107 of the reasons and basis for the perpetrator, reference within its jurisdiction and competence is to propose criminal and investigation should be initiated immediately.
If the criminal offence and the taking of evidence is carried out for the purpose of urgent investigative measures, reference the perpetrator also launched investigations into criminal offences, which have jurisdiction over other cognitive authority. In such cases, the following urgent steps the criminal investigation immediately transferable by jurisdiction.
In all cases where the offender has launched investigations of cognitive criminal, he accepts it in his records and immediately, but not later than within 24 hours, notify the Prosecutor and interested parties.
Cognition is the duty of the offender to ensure the legality of the decisions taken in criminal cases, the timely conduct of inquiry, as well as in his records of criminal proceedings adopted a fast, full, thorough and impartial investigation. "
 
14. To supplement the code with 45.1, 45.2 and 45.3 article as follows: "article 45.1. The cognitive powers of inquiry the offender offenders have the right to: 1) in the framework of its competence to propose criminal and make the necessary preliminary steps prescribed in this code until you see the person who called to criminal liability, and obtain sufficient evidence to justify the initiation of a prosecution;
2) independently to take all decisions on inquiries and investigations, except in the cases provided in this code, you need a judge's decision or consent of the public prosecutor;
3) give written u he challenges operational services the circumstances or facts which are relevant in the criminal proceedings, but can find out just by using the core operating methods and means;
4) get the information gained in the course of operational criminal, and test the operational arrangements of facts obtained in the criminal code. The following information is to be used, subject to the operational conditions of the law.
Cognitive decision making in consideration of his criminal proceedings necessarily enforceable in all natural and legal persons.
 
28.1 article. Cognitive authority boss the boss of cognitive authority is a public official, in which is designated by the State police or other public institution, which are determined by law on the cognitive authority.
Procedural powers that determine cognitive authority boss of this code, in article 45.3 is also his Deputy and Chief of the Department conducting the inquiry and his Deputy, who shall exercise this right under the order and in accordance with their competence.
 
28.1 article. The cognitive authority of the procedural powers of the Chief cognitive authority boss has the right to: 1) check criminal cases in which a certificate is made;
2) give instructions to the perpetrators of the cognition of pre-trial investigation and separate investigations;
3) refer the case to the other inquiries regarding;
4) ask the case to carry out the pre-trial investigation for several inquiries and appoint the perpetrators cognition group leader;
5) to participate in the inquiry and personally make a pre-trial investigation activities, using the perpetrator in this case cognitive powers, rights and obligations;
6) cancel unjustified or illegal cognition of offenders.
Cognitive authority boss and 45.2 of this code referred to in the second subparagraph of article State officials for criminal offenders cognitive guidance makes writing and they are necessarily enforceable. Guidance received the highest boss appeals or the Prosecutor shall not be suspended, except in the cases provided for in this code. "
 
15. Express article 47, paragraph 4 as follows: "4) crime and the damage caused by the injury, the nature and scale."
 
16. Replace article 49, first paragraph, the words "public danger" with the words "the offence provided for in the Criminal Code of the offence of" signs.
 
17. Article 50: replace the first part of the word "citizens" by "other persons";
replace the second paragraph, the words "all citizens" with the words "all persons";
replace the third paragraph, the words "any citizen" by the words "any person".
 
18. Replace the first paragraph of article 54 of the number and the word "176" with a number of article and the word "302", as well as of article number and the word "article", with 174 the number and the word "300" article.
 

19. Supplement article 77.1 first subparagraph following the words "which accused" with the words "serious or particularly serious."
 
20. Replace the words in article 69 and 81.1 "soldier" (fold) with the word "military" (fold).
 
21. Article 84: turn off in the first paragraph, the words "as well as the Republic of Latvia Supreme Court plenary meetings";
replace the second paragraph, the word "typewriter" with the words "technical equipment".
 
22. Replace article 85, second paragraph, the words "last name, first name and father's name" with the words "the name and ID of the person".
 
23. off article 89.
 
24. Add to article 95 in the third paragraph after the words "and decisions" by the words "to request a guarantee of security in accordance with the procedure laid down in this code".
 
25. replace article 96 in the sixth paragraph, the words "citizen" with the word "person".
 
26. Article 100: Add to the first paragraph, after the word "be" with the words "natural or legal" and replace the first part of the word "done" with the word "created";
adding to the third paragraph after the words "decisions of the judge" with the words "as well as require security in the manner set out in this code".
 
27. Supplement article 106 the second part after the number "with" the number "208.1 176.1" and after the number and the word "article", with 280 words "as well as" the ninth chapter A.
 
28. Add to article 106.2 after the word "serious" by the words "and particularly serious".
 
29. in article: 106.5 to express the sensibility of the article off as follows: "article 106.5. The process of transforming the special procedural safeguards ";
turn off the first part of paragraph 1, the word "no".
 
30. Replace paragraph 3 of article 106.7, the word "when" with the word "recognition".
 
31. Replace article 107, first paragraph, point 1, the words "citizens" with the word "person", and in paragraph 5, the word "crime", with the words "the composition of the crime".
 
32. Replace article 108, first paragraph, the word "citizens" with the word "person".
 
33. Replace article 110, first paragraph, the words "public danger" with the words "crime" and the words "for the crimes committed" by the words "and the announcement of the criminal offence".
 
34. in article 111: to replace in paragraph 1, the words "the number 121 in the first subparagraph of article" with a number and the words "159." in the first paragraph;
Replace in paragraph 2, the numbers and the words "in article 109 article 110, in the second paragraph of article 111, in the first paragraph of article 127 and 128 in the first paragraph of the first article" envisaged in part with numbers and words "130.157.156, and 158" provided for in article;
Replace in paragraph 4, the word "citizens" with the word "person".
 
35. Supplement article 112 with a new second subparagraph by the following: "If you have this code 5.3 and referred to in article 8 of the conditions of exemption from criminal liability of the person, the Attorney General, the Chief Public Prosecutor or with his consent or cognitive authority may decide to refuse to propose criminal.";
consider the second part of the third part and express it as follows: "waiver to institute criminal proceedings for this article, in the cases provided for in the first and second subparagraphs, shall take a decision and the applicant and other interested parties shall send a copy of that decision, as well as explains the rights of offenders cognitive decision to appeal to the public prosecutor, cognitive or Prosecutor will go t the skin (the Attorney General) decision: one degree higher prosecution authority of the Procuratorate the General Prosecutor's Office of the Prosecutor, the Attorney General decision — but the judge's decision or the decision of the Court, higher court. "
 
36. Replace article 114, paragraph 2, the words "serious crime" with the words "serious or particularly serious crime".
 
37. the express article 116 paragraph 1 by the following: "1) national police;".
 
38. Article 117 of the expression as follows: "article 117. The cognitive authority of Certificate authorities in the pre-trial criminal procedure is obliged: 1) prevent made a criminal offence;
2) examine applications for prepared or committed criminal offences, to propose or refuse to propose criminal cases;
3) investigations activities, operational activities and other measures necessary to ascertain the circumstances of the crime and the person who committed a criminal offence, as well as to identify, collect, and preserve the evidence filed;
4) article 120 of this code in the cases provided for in article 122, and in the order to detain the person who is suspected of a criminal offence;
5) execute the perpetrators, the Prosecutor's inquiry, the Court (judge) given tasks in their records, as well as the accused and defendants search;
6) take this code and international treaties in accordance with the procedure laid down in the relevant foreign authorities of the given tasks.
Certificate authorities are obliged to make a statement in accordance with the procedure laid down in this code only within their competence and, except for article 45 of this code in the third paragraph, and article 125.1 in specific cases. "
 
39. To complement the article 121 second paragraph after the word "requests" by the words "as well as require security in the manner set out in this code".
 
40. Article 123 off the fifth paragraph, the words "with the legal advice mediation".
 
41. Add to article 124 of the fourth subparagraph by the following: "If you have this code 5.3 and referred to in article 8 of the conditions of exemption from criminal liability of persons, reference the authority with the consent of the Attorney General may make a decision on termination of the criminal proceedings and shall immediately notify the interested parties, shall send a copy of that decision, as well as explains the rights of people to get acquainted with the materials of the case and the appeal against the decision."
 
42. To supplement the code with article 124.1 of the following: ' article 124.1. Cognitive tālbraucieno is committed to the existing Republic of Latvia sea vessels in the placing of the cognition of tālbraucieno existing Latvian seagoing vessels take place in accordance with the procedure laid down in this code and the timeless, handing the case to the State police for the continuation of the certificate or the initiation of prosecutions the Prosecutor that day, when the ship in a port of the Republic of Latvia.
If the cognitive process, it is necessary to conduct investigations of activities be made only with the judge or a court decision, may request and receive it by radio, telephone, telefax, telegram or by using other means. "
 
43. Supplement article 127 by the numbers and the words "in article 111, paragraph 2," by the words "and the thirty-fourth of this code in the cases specified in chapter".
 
44. Replace article 130, second paragraph, the words "and with article 177 of the criminal code, with the words" and the number "with the criminal law 304. Article".
 
45. Replace article 134.1 of the sixth paragraph, the words "up to seven thousand rubles, with the words" and the number "to two minimum monthly wages."
 
46. Replace article 135 in the fourth paragraph, the words "up to seven thousand rubles" with the words "up to two minimum monthly wages".
 
47. Replace article 137 third paragraph numbers and the words "and article 176.174." with the figures and the words "and article 302.300".
 
48. Replace article 139, first paragraph, the word "when" with the word "recognition".
 
49.140. Article: replace the first part of the word "citizen" with the word "person";
replace the second paragraph, the word "citizens" with the word "me" in the nas.
 
50. in article 146: replace the first paragraph, the words "last name, first name, with the words" tēvvārd ", name, surname and personal code";
make the second paragraph as follows: "If a person has committed a criminal offence, which correspond to several different crime composition respects (a criminal offence in perfect communion), decision on the prosecution in criminal proceedings the accused must indicate all the Commission of a criminal offence, then the qualification, citing the relevant criminal law articles, parts and points that the impugned the accused."
make the third paragraph as follows: "If the accused incriminated two or more unrelated criminal offences which correspond to several different crime composition respects (a criminal offence in the real sense), decision on the prosecution of the accused criminally separately specify each of the Commission of a criminal offence, the circumstances and qualifications."
 
51. Article 147: replace the third paragraph, the words "the people's Deputy Council" with the words "municipality";
in the fifth subparagraph, replace the words "prison" with the words "prison or correctional institutions for minors".
 
52. To replace the third subparagraph of article 149, the word "make" with the word "they".
 
53. Replace article 153 in the first paragraph, the words "last name, first name and father's name" with the words "the name and ID code" and turn off the words "party affiliation".
 
54. Article 157: replace the first paragraph, the words "the people's Deputy Council" with the words "municipality";
replace the fourth subparagraph, the word "sixteen" by "fourteen".
 
55. in article 160: to supplement the first subparagraph following the words ' ask an educator "by the words" or a psychologist ";
replace the fourth subparagraph, the word "sixteen" by "fourteen".
 
56. To replace the 15th Department name, the word "when" with the word "recognition".
 
57. to 165, 166 Behind st. and article 167 title and text, the words "when", "uzzīmējam", "uzzīmētāj" (the fold) with the words "recognition", "recognized", "recognizer" (fold).
 
58. Replace article 169 in the first paragraph, the word "citizens" with the words "and other natural persons".
 

59. Supplement 176. the first part of the article after the word "serious" by the words "and" extremely serious ".
 
60. To complement the 176.1 the first paragraph after the words "in particular" with the words "criminal offences".
 
61. Replace article 178, first paragraph, the words "the people's Deputy Council" with the words "local authorities".
 
62. Replace article 179, first paragraph, the words "crime" in dealing with the word "criminal".
 
63. Express 184. the second subparagraph by the following: "prohibited to do investigative experiment, which degrade a person's dignity, endangers the life and health of violating public safety and moral standards or which may cause substantial damage to the State and public property and personal belongings."
 
64. To replace the first paragraph of article 198, paragraph 2, the words "a long illness" with the words "psychiatric disorders."
 
65. To replace the second paragraph of article 201 of the Criminal Code of Latvia, the words "article 45" with the words "criminal law article 56".
 
66. Article 208: replace the second subparagraph of paragraph 3, the words "public danger" with the words "provided for in the criminal law";
make the second subparagraph of paragraph 4 by the following: "If you have this code 4) 5.3 and conditions referred to in article 8 of the personal exemption from criminal responsibility."
 
67. Article: 208.1 complement the title and first paragraph after the word "the" with the words "serious or particularly serious";
replace the second paragraph, the words "in the Criminal Code of Latvia" with the words "criminal law".
 
68.209. Article: replace the second paragraph, the word "tēvvārd" with the words "personal code";
replace the fourth subparagraph, the word "personality" with the word "son" in Peru.
 
69. To complement the 212. the first paragraph after the words "to prevent the proceedings" with the words "as well as 5.3 this code and article 8 of the conditions specified in the person's release from criminal responsibility".
 
70. Make 223. the second part of the article as follows: "in cases of minor offences and particularly serious crimes for which the death penalty may be imposed, as well as in cases where the judge does not accede to the conclusions of the indictment or if you need to modify the security feature, selected for the accused, the case was pending the court hearing."
 
71. Replace article 227, first paragraph, paragraph 6, the word "citizens" with the word "persons".
 
72. in article 229: replace the second paragraph, the words "a long illness" (the reading) with the words "psychiatric disorder" (reading);
replace the words "in the fourth paragraph of article 45 of the Penal Code" with the words "criminal law article 56".
 
73. To replace the first subparagraph of article 236, the words "article 47 of the Criminal Code of Latvia" by the words "article 58 of the criminal law".
 
74. Add to article 237 of the third paragraph as follows: "on hearing the decision on safety features, or modification of the selection next to the complaint may be submitted to the accused (defendants), his defender and in the cases stipulated by law: the legal representative, but the Prosecutor can lodge a protest next to the seven days of the higher court."
 
75. Add to article 248(4) second subparagraph with the following: "on the Court (the judge's) decision on the designation of a security or amendment during next hearing the complaint may be submitted to the defendants, his defender and in the cases stipulated by law: the legal representative, but the Prosecutor can lodge a protest next to the seven days of the higher court, if, after the adoption of the decision postponed hearing not less than one month or thing's trial stopped."
 
76. Add to Article 251 of the second part as follows: "the minor defendants legal representative participating in the proceedings until the defendants become legal age."
 
77. Add to article 252 of the second paragraph after the words "with the consent of the" disclose ", in accordance with article 96 of this code to the requirements of the fourth part".
 
78. Replace article 252 in the fourth paragraph, the words "Bureau" of the bar with the words "Attorney" to the Council.
 
79. Replace article 255 in the third paragraph, the word "crime" with the words "the composition of the crime".
 
80. Article 258: replace the second paragraph, the words "a long illness" with the words "psychiatric disorders";
replace the third paragraph, the words "spirit sickness" with the words "mental disorder";
replace the fifth paragraph, the words "a long illness" with the words "psychiatric disorder".
 
81. Article 261: express the third subparagraph by the following: "All participants in the process, as well as all of the courtroom at the Court parties must unconditionally obey the order of the President of the hearing on the order of the Court.";
in the fourth paragraph, replace the words "sixteen years" with the words "fourteen years".
 
82. Replace article 262 in the second paragraph, the words "Bureau" of the bar with the words "Attorney" to the Council.
 
83. Replace article 271 in the first paragraph, the words "last name, first name, father's name" with the words "the name and ID code".
 
84. Replace article 274 words and numbers "of the Criminal Code of Latvia, art. 174 and 176" with the words and figures "criminal law article 300 and 302.".
 
85. Replace article 275, first paragraph, the words "trial members" with the words "party" and turn off the words "listen to the opinion of the public prosecutor".
 
86. Replace article 280 in the first paragraph, the words and figures "of the Criminal Code of Latvia, art. 174 and 176." with the words and figures "criminal law and article 302.300".
 
87. in article 284: Add to the first paragraph, after the word "teacher" with the word "psychological";
replace the third paragraph, the word "sixteen" by "fourteen".
 
88. Express article 286 of the following text: "If the Court does not need to make additional or repeated expertise, they made the Court may invite experts who are not committed to the pre-trial investigation, inspection and decision thereon, which indicates possible inspection noskaidrojamo.
In this case, the expert shall participate in the examination of evidence, he can ask questions to the victim and the other defendants, players of any circumstances, which counts in its expertise.
Experts with the consent of the parties, may dispense with the presence of the court action, which does not apply to expertise.
When cleared all inspection data, the President of the Court shall invite the parties to submit written questions to the expert. After reading the questions submitted by the parties, the Court clarified the views of the other parties to the consultation room for them and adopt ruled u mu, a question amenable to an expert.
The President of the Court read the decision, warned experts on criminal penalties for knowingly giving a false opinion or abandonment of the opinion the naming decision, the expert opinion and the transfer of going. If necessary, the expert shall be made available also in the cases, and other materials.
Expert opinion given in writing. Expert reads it hearing and to add to the Court.
Expert in matters within their competence, are entitled to express an opinion on the conclusions of the circumstances on which he issues not asked. "
 
89. off 300 of the first paragraph of article 5 and to supplement the first part with point 7 (a) by the following: ' 7a) or the person recognized as the limited falling, is to apply criminal law provided for in article 68 medical coercion; ".
 
90. Article 300 off the first part of paragraph 9.
 
91. Express 304 of part three of the article the second sentence as follows: "the Court make no judgment, ordered a criminal conviction a fine, if by the time of the hearing of the case that the person has committed a criminal offence and that is criminal law the offences provided for in the signs, but it is not the harm caused should be ordered to criminal penalties, as well as in the case of the person who made the kriminālpārk p universe, is a settlement with the victim or his or her legal representative."
 
92. in article 305: make the first paragraph by the following: "the application of conditional sentencing, the Court will decide what obligations relatively to the convicted liable and who impose a degree of supervision and upbringing in convicted.";
to turn off the second part.
 
93. Make text of article 306 as follows: "If the Court (judge) recognizes that the defendants committed a minor crime, with little danger, the Court (judge) in the case of such minors may be exempted from the application of the penalty and awarded him the criminal law provided for in article 66 of the empowering nature of coercive measures.
Applying the empowering nature of the detention, the Court (judge) take into account the nature of the offence and the personality of the defendants, as well as aggravating and attenuating circumstances.
If a minor who is exempt from the penalty imposed by the Court in time to fulfil the obligations imposed, fine.
The question of enforcement of the penalty decided by the district (City) Court in the place of residence of minors in this code 372-374. article. "
 
94. Replace 312. paragraph 4, the words "last name, first name and father's name" with the words "the name and ID of the person".
 
95. Article 313 turn in the second paragraph, the words "in the case of recognition of a particularly dangerous repeat offenders."
 
96. in article 314: replace the first subparagraph of paragraph 1, the words "last name, first name and father's name" with the words "the name and ID of the person";
turn off the first part of paragraph 3;
Add to the first part of paragraph 7, after the words "test and the" with the words "as well as the obligations imposed upon";
turn off the first part of paragraph 9.
 
97. Replace article 315, first paragraph, point 1, the words "last name, first name and father's name" with the words "the name and ID of the person".
 

98. in article 317: replace the first paragraph, the words "State organs" with the words "public authorities";
replace the second and third paragraph, the words "citizens" with the word "person";
off in the third paragraph, the word "production" and replace the words "State organs" with the words "public authorities";
replace the fourth subparagraph, the words "State organs" with the words "public authority".
 
99. Article 357: make the first paragraph by the following: ' the Court of first instance's judgment comes into lawful effect after appeals (for protests) appeal or appeal in cassation provided for the expiry, if the judgment is not appealed. The appellate court's judgment comes into lawful effect after appeals (for protests) under Cassation, if the judgment is not appealed. If an appeal in cassation or protest is filed, the thought of s into lawful effect following the cassation instance court if it is not the judgment annulled. ";
replace the second paragraph, the word "convicted" with the word "the" before the word "convicted", with the word "will" and words "the Court of Cassation or appellate court" — with the words "the Court of appeal or the Court".
 
100. Article 358: make the first paragraph by the following: ' the Court of first instance (judge) of the judgment comes into lawful effect and is executed after appeals against it (the protest submission) the intended date of expiry. The appellate court decision into legal force after appeal (beside the protest submission) under Cassation, if the decision is appealed. If the Court of Cassation, submitted to complain about it in b sharp or protest, the judgment comes into lawful effect the day the Appeals Court left it unedited. ";
to turn off the second part.
 
101. Make 359. text of article as follows: "legal entry into force of the judgment of the Court of Justice and the decision is binding on all enterprises, institutions and organizations, officials and other persons, and it must be enforced across the territory of Latvia, but abroad, in accordance with the relevant international agreements."
 
102. Article 360 of the expression as follows: "article 360. Judgment and decision procedures for the enforcement of the judgment and the decision shall be referred to the enforcement court (judge), which delivered the judgment or decision in the first instance. The judge or the President of the Court together with the order for enforcement of the judgment sends a copy of the judgment (copy) the authority which imposed the obligation to execute the judgment. If the case viewed the appeal procedure, together with the order for the execution of the judgment shall also be sent to the appeal court judgment transcripts (copies).
For good judgment, the defendants from the emancipating and conditional sentencing judgment is executed immediately after the judgment part of release from custody in the case, as well as house arrest and police surveillance.
Authorities executed the judgment, shall immediately notify the Court (judge), who delivered the judgment for the judgment and sentence enforcement places.
The Court (judge), who delivered the judgment, the judgment must be controlled and timely and complete implementation.
The Court (judge), which has the natural or legal persons to supervise the probation and sentenced its reformation should never depend on, sent them a copy of the judgment. Conditionally sentenced behavior is controlled in accordance with the law on the execution of penalties.
To comply with the judgment part of fines, confiscation of property and other economic recovery, the judge draws up the warrants and send them to the bailiffs at the residence of the convicted or after property locations.
The convicted and left unattended outside a property, apartment or home guarding measures the Court (judge) shall notify the appropriate authority, and convicted.
In the case of a person sentenced to deprivation of liberty, or arrest and has minor children who are left without parental care, the court notifies the family courts (pagastties), but for other dependants who have remained without care, their relatives or social care institutions. "
 
103. To express the text of article 361. by the following: "After the entry into force of the judgment is final, with which the convicted sentenced to deprivation of liberty, or arrest, prison and execution site administration shall notify the sentenced both for family on where the convict sent to penal and continue on the penal places.
Meeting with the prisoners on remand until the transfer of the enforcement of the judgment of the President of the Court or of the Court permit brought. "
 
104. in article 362: replacing the first paragraph, the words "resettlement," exiles "or seizure" and turn off the first part of paragraph 5;
make the second paragraph as follows: "not allowed enforcement of the judgment to defer to persons convicted of serious or particularly serious crimes."
 
105. off 362.1 article.
 
364. Article 106. off the words "resettlement," exiles ".
 
107. the express article 365 by the following: ' article 365. Conditional early release from punishment under criminal law article 61 and article 65 a third convicted conditional early release from imprisonment or seizure of the fine shall be the district (City) Court in whose territory the activities of sentence, by a custodial institution or place of administrative arrest's submission by the Commission.
The application, without requiring a criminal court hearing in which the Prosecutor, as well as a representative of the Administrative Commission and the convict.
If the Court rejected the petition, you can re-submit after six months.
The Court, at the relatively brīvoj before the term of the punishment, the convicted can not served time on a fine be imposed in article 55 of the criminal code. If conditionally released before the deadline without justification, fails to fulfil the obligations laid down by the Court, or repeatedly commit administrative offences, for which administrative penalties are imposed by the Court on the basis of the application, which asked about the task of controlling the behavior of the convicted, may adopt a decision on the part of the fine is not served. "
 
366. Article 108. off.
367. Article 109. Off t.
110. the express article name and 367.1 first subparagraph as follows: "article 367.1. Reduced penalties in exceptional cases where a sentenced person significantly helped uncover organised groups committed serious or very serious crime that are heavier or more dangerous than the person's own crime, and the Attorney General go to a court in which the judgment of this person has been sentenced, with the application of the judgment of the Court of Justice established in the reduction of the fine, the Court may reduce them according to article 60 of the criminal law. "
111. the text of article 368. Make the following wording: "If a person suitable for police control, abuse violates its rules, laid down in article 45 of the criminal cases in district (municipal) Court sentenced the police authorities of the place of residence application may replace the penalty time served not by deprivation of liberty for the same period. The look of the application of this code, in article 374. "
112. To replace the words "in article 369. custodial institutions" with the word "prison".
113. to article 370 kt Can by the following: ' article 370. Conditionally sentenced the obligation or conditional sentencing abolition If relatively convict with exemplary behavior proves that has changed, district (City) Court conditionally sentenced to the institution of the place of residence of the basic application, which asked about the task of controlling relatively sentenced behavior, the time of the inspection obligations imposed may be waived wholly or partly.
If conditionally convict without justification, fails to fulfil the obligations laid down by the Court, or repeatedly commit administrative offences, for which administrative penalties are imposed, the Court sentenced conditionally to the authorities of the place of residence of the basic application, which asked about the task of controlling relatively sentenced behavior, it may be decided by the penalty laid down in the judgment in p executed him, or on the extension to one year.
The application, without requiring a criminal court hearing, conditionally sentenced persons and the presence of a representative of the authority, which controls the person's behavior.
If the Court rejected the application for examination during the abolition of the obligation, it can re-submit after six months. "
114. Replace 370.1 in the first paragraph, the words "in custodial institutions" with the word "prison".
115. Supplement article 371, after the words "custodial sentence" with the words "or seizure".
116. Make 372. text of article as follows: "If the convict is more outstanding judgments on what has not been known to the Court that delivered the judgment in the past, this Court or the Court of the same name after the execution of the judgment, according to the criminal law of the fifth article 50 or article 51 of the decision on the determination of the penalty for convicted by this judgment."
117. To complement the 373. the first paragraph after the words "within the decomposition" by the words "on the execution of minors under the criminal law, article 66 of the second part, the postponement of the execution of the judgment, in accordance with this code, the provisions of article 362".
118. Express the text of article 375 as follows: "the question of the criminal process examined district (City) Court judge after the sentence of the person, its defenders suffered or legal representative.

Question about removing the criminal person who suffered punishment for crimes against humanity, peace, war crimes, genocide or crimes against the State, the Criminal Court of the District Court of the place of residence of the person at the College.
Of the request, the Court shall notify the public prosecutor. In the absence of the public prosecutor to the Court of session is not a barrier to matter for the criminal.
The Court's required to participate at the hearing to the person in respect of whom the request is addressed for the criminal. This person has the right to a defence.
The question of the criminal process begins with a request to consider reading. Then the judge listens to the views of the invitees and the decision of the Conference room.
If the request is for the removal of the criminal record is rejected, you can re-submit after a year from the date of the decision on the rejection of such a request. "
119. the text of article 375.1 Expressed as follows: "If the tājum for the repair works of the time worked if had not been sentenced to deprivation of liberty, and resettlement colonies of the time worked in the convicted general seniority appearance in district (City) court fines at the request of the person suffered.
Of the request, the Court shall notify the public prosecutor. In the absence of the public prosecutor to the Court of session is not an obstacle to the consideration of the request. The person requesting participation in the matter.
Consideration of the request begins with the President's report for the hearing, after the Court received the materials, listen to explanations of the person and the Prosecutor's opinion. Despite the request, the Court finds that the facts show a convicted conscientious work and exemplary behaviour.
Decision of the Court in connection with the examination of the request is not a close-up on the dress. "
120. To express the text of this article 390: "the right to initiate proceedings due to newly discovered circumstances is the Prosecutor.
The reason for initiating criminal proceedings are natural and legal persons, as well as their representative applications, the information given in the media, as well as information obtained in criminal investigations or other proceedings, if this code 388. in the first subparagraph of article.
For renewal of proceedings in criminal matters the public prosecutor takes a decision and made an investigation due to newly discovered circumstances, subject to the provisions of this code.
If the Prosecutor refuses to renew the proceedings due to newly discovered circumstances, for which the application is received, he shall adopt a reasoned decision, send to the applicant a copy of the decision, explaining the right to appeal against the appointment to a higher prosecutor. "
121. To express the text of this article 391: "If the Prosecutor finished the newfound criminal investigation of circumstances, acknowledges that cancel is the basis of judgment and restored the proceedings, he shall deliver an opinion on the basis of the newly discovered evidence obtained in the test.
The opinion, together with the criminal and investigative materials, jaunatklāto, investigating the circumstances, the Prosecutor shall send to the Court in accordance with the codec sa 392. article.
If the Prosecutor completed the inspection of the newly discovered admits that there is no reason to cancel the judgment of the newfound circumstances, he shall act on the matter. A copy of the decision on the refusal to initiate proceedings due to newly discovered circumstances the Prosecutor sent the applicant, explaining the right to appeal against the appointment to a higher prosecutor. "
122. Article 392 of the express as follows: "article 392. The court hearing the case due to newly discovered circumstances the Prosecutor's opinion on the renewal of a criminal due to newly discovered circumstances shall examine: 1) cases in which the judgment or the judgment of the decision taken by the district (municipal) courts, regional courts,;
2) cases in which the judgment or the judgment of the decision taken by the District Court, the Criminal Court of the Supreme Court Chamber;
3) cases in which the judgment or the judgment of the decision taken by the Supreme Court's Criminal Chamber of the Supreme Court, Senate Criminal Department;
4) cases in which the decision was adopted by the Senate of the Supreme Court's Criminal Department, — the Supreme Court Senate meeting five senators who previously have not participated in the proceedings. The hearing, chaired by the President of the Supreme Court. "
123. To supplement the code with article 392.2 392.1 and by the following: ' article 392.1. The order in which the Court decides the issue of renewal of criminal cases due to newly discovered circumstances received a case with the Prosecutor's opinion on the newly discovered circumstances, the judge shall determine the date of the hearing, which is notified to the parties, at the same time explaining the right of parties to participate in the hearing.
The participation of a Prosecutor in the proceedings is mandatory. Participate in the proceedings the Prosecutor who took the decision on the renewal of the process, or post a higher prosecutor.
The absence of the parties without a valid reason, provided they have notified in good time about the time and place, there is no obstacle to the proceedings.
Convicted, on remand, after his request to ensure participation in the proceedings.
Case 392. This code the Court referred to in article 460 of this code shall be in accordance with the procedure laid down in article.
Article 392.2. Decision of the Court, in considering the case due to newly discovered circumstances examined the case due to the opinion of the Prosecutor, the Court shall adopt one of the following decisions: 1) set aside the judgment or decision and refer the case back for a new trial or pre-trial investigation;
2) set aside the judgment or decision and to close the case;
3) reject leave the Prosecutor's opinion and not amended by the Court ruling. "
124. the express Article 394 as follows: "Article 394. Medical determination of Criminal coercive measures provided for in article 68 medical coercive measures Court in accordance with the procedure laid down in this chapter shall determine the persons who have committed offences under the criminal code, while in a State of insanity, or after the criminal offence or the judgment incurred priedum's the psychiatric disorder that robbed them of the ability to understand their actions or to manage it, if this person after the offence and his mental state is dangerous for society. "
125. Article 395 of the expression by the following: ' article 95 3. The pre-trial investigation in cases of the offences provided for in the criminal law committed by persons while in a State of insanity, as well as the offences committed for psychiatric disorders which occurred after the amendment, the pre-trial process is mandatory and is subject to the General laid down in this code, as well as the order of the provisions of this chapter.
If normal proposed criminal investigation has cleared the first paragraph of this article causes medical coercive means or determination is received judicial psychiatric expertise opinion on this reason, the prosecutors 10 days adopt a reasoned decision on proceeding medical coercive measures and, if necessary, isolated in the criminal proceedings in accordance with this code, the provisions of article 131. The decision is appealable in accordance with the procedure laid down in this code.
Following the adoption of the decision repealed decision as referred to in the first paragraph of the criminal prosecution of the person and the application of the security features.
If the person who committed the criminal offence provided for in psychiatric disorders arising after committing the crime, and as a result, according to the expert opinion of this person may not take part in the investigation activities, the public prosecutor in the pre-trial process for drawing up the Protocol, which it signed a defender and that person's legal representative. "
126. To supplement the code with 395.1, 395.2, 395.3 and follows 395.4 article: "395.1 article. Circumstances which ascertainable in the pre-trial investigation, pre-trial investigation of medical coercive clarify the determination of: 1) provided for in the criminal law to the circumstances of the offence;
provided for in the criminal code 2) or the offence or offences committed by the person being tested;
provided for in the criminal code 3) or the offence was committed while the person developed with psychiatric disorders, or mental retardation which because it has been unable to understand their actions or their drive, and they should probably date and nature of the United Nations;
4) conditions that do not allow the imposition of penalties in the case of a person with mental disorders arose after the criminal offence was committed;
5) verifiable person raksturojošo;
6) provided for in the Criminal Code offence or an offence caused, the nature and scale of the loss.
The Court can decide on criminal law as provided for in article 68 medical coercive measures if cleared the first part contains the conditions.
395.2 article. Court psychiatric expertise the public prosecutor or the Court determines the judicial psychiatric expertise to the suspect, the accused or defendants if there is sufficient information in the case that the person concerned committed a Criminal offence provided for in insanity or limited dismissals or incurred psychiatric disorders after committing the crime.
Court psychiatric expertise in matters of medical coercive measures are required.

In determining the judicial psychiatric expertise necessary to clarify Article 395.1 this code 3 and 4 above, asking specific questions to experts.
If there is reason to believe that the person committed a criminal offence in a State of limited dismissals, in addition to the judicial psychiatric inspection can determine the psychological, judicial medical expertise or complex expertise.
In determining the judicial psychiatric or other expertise, significant provisions of this code.
395.3 article. The pre-trial investigation was due to the suspension of the person's insertion of medical institution in the case of a person with mental disorders arose after the criminal offence was committed and as a result, according to the expert opinion of this person may not take part in the pre-trial process and it needs treatment, the Prosecutor shall take a decision on the person's insertion of a medical institution. The decision on the persons placing medical institution along with the file sent to the Court Prosecutor. The Court, through the Prosecutor, shall take a decision on the person's insertion, medical institution or nor a id Attorney. Received the decision of the Court on the persons placing medical institution, the Prosecutor shall suspend the investigation.
Received from the hospital's opinion that the person is cured and the investigation, the Prosecutor may continue the restore process and complete the pre-trial investigations in accordance with the provisions of this code.
If, in accordance with the expert opinion of a person is not curable, and it needs to apply one of the criminal law provided for in article 68 medical coercive means, the Prosecutor completes the process of medical coercive means.
395.4 article. Persons participating in the activities of the investigation, pre-trial investigation if the person in the course of his State of health can participate in the activities of the investigation, the Prosecutor shall take a decision on its participation in the pre-trial investigation.
The first part of this article, where a person, in respect of which is done in the pre-trial process medical determinations of coercive measures, have the right to know about any offence provided for in the criminal law or criminal proceedings, to give evidence, to submit evidence, submit requests, look at all the file after the completion of the pre-trial process, participate in court proceedings, to sign up for the rejection of a complaint, the public prosecutor and court actions and decisions.
The second part of this article, the rights specified in the Prosecutor explains the person and communicate the decision of the pre-trial process medical coercive means.
For further explanation of this right shall be drawn up by the Prosecutor, that the Protocol signed by the person to be tested, its defender and legal representative. "
127. the express article 396. by the following: ' article 396. Defenders and legal representative participating in the proceedings and the legal representative of the Defender's participation in matters of medical coercive measures are required.
Advocate and legal representative participating in the proceedings from the moment when the person is found, the case of psychiatric disorders, or from the time the case is determined by a judicial psychiatric expertise, if the defender and legal representative in accordance with the provisions of this Code apply has not participated previously in other reasons.
If in the course of criminal proceedings a person is cured and with a judicial psychiatric expertise opinion recognized as overhead, the question of the legal representative and counsel participation in case the Prosecutor decides, in accordance with the provisions of this code. "
128. To supplement the code with 396.1 and article 396.2 as follows: ' 396.1 article. If cancellation of security features is close that adorn the suspect or the accused is suffering from psychiatric disorders or they arose after the criminal offence was committed, the designated security feature should be repealed.
If the person due to the disease is dangerous to society, the judge may, by decision, the person put in a psychiatric hospital until a court decision on medical coercive means.
396.2 article. Presentation of the material in the Criminal Case prosecutors recognize things collected materials sufficient to reach a decision on the transmission of court bringing medical coercive means of detection, he shall notify the person who committed the criminal offence provided for in the defender and legal representative, that they have a right to acquaint themselves with all things material.
If this person is your psychic situation may not take part in the investigation activities for which this code 395. in accordance with the procedure laid down in article prosecutors have drawn up a Protocol, the right to get acquainted with materials of criminal case explains the barrister and legal representative. Defenders and legal representative for the presentation of the material in the criminal proceedings is mandatory.
The right to get acquainted with the materials of the case Prosecutor explains also the victim, the civil, civil defendants, or their representatives, and shall provide it with the documents, if they are applied to the request.
Introduction to criminal proceedings, the request and the addition sign, the language of proceedings shall be in accordance with the procedure laid down in this code. "
129. Express 397.pa NTU as follows: "article 397. Pre-trial investigation completion of pre-trial investigation in cases of medical coercive means discovery completes, the Prosecutor in deciding on case sent to the Court of Justice criminal law specified in article 68 medical coercive means.
If the criminal proceedings without these people there are other defendants, the Prosecutor, the pre-trial investigation against them completed in accordance with the procedure laid down in this code, shall draw up the indictment.
If necessary, the Prosecutor in the case of shares in a separate records in accordance with this code, the provisions of article 131.
If the person who committed a Criminal offence provided for in the nature of the offence and, by his mental condition is not dangerous to the public, but suffering from psychiatric disorders, the Prosecutor, a criminal izbeigdam, notify this person local medical institutions. "
130. To supplement the code with article 397.1 as follows: "article 397.1. Decision on the transmission of criminal proceedings the Court decision on the transmission of criminal proceedings the Court medical coercive measures adopted by the Prosecutor in determining this code requirement provided for in article 396.2.
The decision shall be drawn up in accordance with the provisions of this code. In addition, the decision shall specify the conditions that determine the basic investigation, a medical coercive means of detection, advocates or other process requests that apply to 396.2 article of this code, the results of this examination, as well as other circumstances.
The decision adds to the Court of session, the list of people invited for the duration of the detention of the person in the position or medical institution, on the evidence of things and their storage location for civil action and means, as well as the provision of this code, the Court provided for in article 92.
The decision shall be signed by the Prosecutor, which it accepted, and together with the items of evidence in criminal and sent to the Court by jurisdiction and notify the interested parties. "
131. Article 398 of the following expression: "398. article. Preparation of the hearing from the Prosecutor's criminal proceedings with the decision on the medical determination of coercive measures, the judge shall decide the issue of the proceedings of the hearing and notify the Prosecutor, barrister and legal representative, and also decide on other matters to the Court of session n s persons aic. The judge may order the hearing to get the person in respect of which the case for the medical use of coercive measures, if warranted by the person's mental disorder.
If the judge recognizes that there are grounds for termination or decision is drawn up according to the provisions of this code, he determines that the conduct of the criminal proceedings the hearing in accordance with this code, 223-228. article. "
132. article 399 of the expression as follows: "article 399. Criminal proceedings at the hearing of criminal cases about medical coercive means of determining the appearance of a closed hearing, the participation of the Prosecutor, barrister and legal representative, an expert psychiatrist, and the first subparagraph of article 398 of the cases — a person in respect of whom the case is pending. The appellate court expert shall be invited at the discretion of the Court.
Judicial investigation begins, the Prosecutor read out the decision of the Criminal Court of sending medical coercive measures n oteikšan.
The hearing examined victims, witnesses, examine other evidence, listen to expert opinion on the mental state of the person, as well as other activities carried out in deciding the question of whether a person committed a Criminal offence provided for in, or that it is applicable to medical coercive means.
Medical coercive means of identifying the accused, having mental disorders arose after the criminal offence was committed, the Court in accordance with the procedure laid down in this code, at the same time examining the evidence of the accused's guilt.

Following the fact-finding court listens to the opinion of the public prosecutor, the victim, the legal representative and the defenders. The Court then decides the consultation room. "
133. the express 400. article as follows: "article 400. The Criminal Court in the matter, in making its decision, the Court shall decide the following questions: 1) or made under criminal law the offence;
2) or the offence committed by the person in respect of whom the case is pending;
3) or a person provided for in the criminal law for offences committed in a State of insanity, or that it is a psychic disorder at the time of adoption of the decision;
4) or a person to psychiatric disorders arose after the criminal offence was committed, or the condition is temporary, and so the case is unstoppable;
5) or the person is dangerous to the public and what medical coercive means it identifiable. "
134. the express article 401 the following: ' article 401. The Court's decision recognizing that the Court passed the person in a State of insanity committed a Criminal offence or that provided for in a person to psychiatric disorders arose after the criminal offence was committed, in accordance with article 13 of the criminal code, the Court shall take a decision on the person's release from criminal liability and punishment and down one of criminal law envisaged in article 68 medical coercive means.
If a person after the character and his mental state is not dangerous to the public, the Court may transfer it to a loved one or another person in charge who makes nursing and medical authority at the place of residence.
Satisfied that the person is not found, the insanity of the decision of the Court shall refer the case to the public prosecutor the pre-trial investigation is complete in accordance with the procedure laid down in this code.
Recognised that the test person's participation in a criminal offence is not proven or established conditions that, in accordance with article 5 of this code, the rules do not allow the proceedings, the Court shall decide on the termination of the proceedings and notify the medical office where the person in treatment.
Recognizing that a person in respect of whom the case is pending, not provided for in the criminal code for committing offences or criminal offences, but it made the other person, the Court shall terminate the proceedings in respect of that person and refer the case to the Prosecutor and the convicted person to complete a pre-trial process.
The operative part of the decision, the Court determines the action with real evidence, action with effects, which arrested, procedural costs drive and explains the decision of the Court of appeals procedures and deadlines. "
135. the express article 402 as follows: "article 402. Complaints and protests, the submission of a court decision may appeal against the decision of the Court the person for which the Court acted, or in the case of this person in this code, the agenda of the article decision 395.4 is accepted, the Prosecutor, Defender, legal representative, the victim or his representative.
The Prosecutor may file a protest.
The Court's decision can be appealed and protest to appeal or appeal in cassation within 10 days from the date of delivery.
Complaints and protests pending 36 and 37 of this code the chapter. "
136. To supplement the code with article 402.1 the following: ' article 402.1. Medical coercive means the repeal or amendment of the basis If lost the need to apply Court medical coercive means, due to the fact that a person with this feature set, recovered or changed its state of health, the Court decides on a specific medical coercive means (i) the modification of the abolition of the va.
The issue of medical coercive means the cancellation or amendment, based on a doctor's opinion of the Commission, referred to the Court suggests the hospital's head of that treatment.
Application on medical coercive means cancellation or amendment can also be sent to the Court Prosecutor. Application to the Court the prosecutor sends along with the medical opinion and other documents necessary for consideration of the matter.
The first, second and third subparagraph shall also apply to a person who has mental disorders arose after the criminal offence was committed. "
137. Article 403 of the following expression: "403. article. Medical coercive means the repeal or amendment of the order of things on me dicīnisk nature forced the cancellation or modification of the means to decide, the Court adopted a decision on its application, or the Court in whose area the medical establishment is located, which shall carry out the forced treatment. Participating in the hearing the Prosecutor, Defender and legal representative.
The Court shall invite the parties, as the representative of the medical establishment, as well as the person who suggested or requested.
If the Court in doubt as doctors to the opinion of the Commission, it can identify the judicial psychiatric expertise and request additional medical or other documents, as well as to perform other actions.
After verification of circumstances the court listens to the opinion of the Prosecutor and the defence.
About medical coercive means the cancellation or amendment, as well as refusal to do so, the Court takes the decision and explain its appeal procedures in accordance with the provisions of this code.
The application of repeated judicial review, no earlier than six months from the date when the Court rejected the request for a medical coercive means the cancellation or amendment. "
138. the express article 404 as follows: "article 404. Criminal cases updated about the person to whom the specified medical coercive means If a person with mental disorders arose after the criminal offence was committed, recognised as a whole, the Court of this code in the order of article 403 shall take a decision on the medical coercive means and the case to the public prosecutor the pre-trial investigation is complete.
Medical institution including the time spent in custody time limit. "
139. in article 406: make the first paragraph by the following: "abbreviated process can be applied in cases of criminal offences and less serious offences, if the original material for these offences is the identification of the person who committed them."
turn off the second part of paragraph 1.
140. Article 409: off in the third paragraph, the words "dangerous crime in public";
adding to the third paragraph after the words "name" with the words "personal code".
141. Supplement 411. the second paragraph of article 1 of the paragraph after the words "name" with the words "personal code".
142. Express 413. the first paragraph by the following: "the accused, his counsel, a legal representative, the victim and his/her representative, as well as a representative of the legal person, create criminal offences, shall be entitled to inspect all of the material from the moment criminal proceedings when the Prosecutor decides to push the case to the Court."
143. To complement the 414. the second and fourth subparagraph following the words "the defender" (fold) with the words "legal representative" (fold).
144. Replace article 415. point 4 of the first paragraph, the words "article 47 of the Criminal Code of Latvia" by the words "article 58 of the criminal law".
145. Supplement article 416 with the fourth, fifth and sixth the following wording: "the judge may decide not to make a judicial inquiry, if the hearing will recognize themselves as innocent of the crime for which he face criminal prosecution and transferred to the Court, and the case of the examination of the materials the judge is satisfied that they will be approved in the guilt, and the defendants, their counsel, a legal representative, and the Prosecutor have agreed on the that there is no need to make a judicial inquiry, and the judge have such a request, and the objection to the victim, the civil, civil defendants and their representatives.
At the request of the parties or on the initiative of the judge hearing the evidence can be verified, which represents the defendants.
Taken a decision on the Court of inquiry, not the judge listens to the debate between the parties, disclose, the last name, make and deliver their judgment. "
146. Add halibut 434. the second part of the second and third sentence by the following: "However, the Prosecutor who participated in the Court of first instance is entitled to lodge a protest on convictions only that the Court failed to take account of their opinions and claims adjudication or committed irregularities, which he could not prevent the course of litigation. These restrictions do not apply to post a higher prosecutor. "
147. Replace 435. in the first paragraph, the word "submitted" with the words "address" to the higher court.
148. Make text in article 436 as follows: "the appeal and protest shall be submitted in writing no later than 10 days after the judgment, but the defendants on remand, in the same period of time from the date of receipt of the copy of the judgment, but if the defendants do not understand the language in which the judgment was given, the period shall run from the date of receipt of the translation of the judgment.
Appeal and protest must specify the particular appeal of the ruling, the reasons why the case was viewed by nature, and must be expressed in specific requests, as well as indicate whether the appellate court Defender will take and whether it should designate the Court.

After the expiry of the appeal or protest lodged with the judge's decision left without examination and notify the applicant. Time limit complaints, and not the protests add to the case.
If deadline missed for good reason, persons entitled to appeal or to make representations, may ask the Court to (judge), who delivered the judgment, to restore the missed deadline. The problem for the hearing of the action by participating in the applicant.
Refusal to restore the missed deadline and the judge's decision on the complaint or the protest leaving without examination within seven days can be appealed to the Court of Appeal who can restore the hearing date and accept proceedings, execution of this code 437. article.
The time limit set for the filing of an appeal or protest the appeal procedure, the case must not be izprasī from the Court. During this time, the parties are entitled to be acquainted with the premises of the court case and to make extracts from it.
The person who submitted the appeal or protest, not later than seven days after the expiry of the appeal is entitled to submit a complaint to the Court of appeal or protest additions, but they must not alter the nature of the original request. This limitation does not apply to the advocate or Prosecutor in a higher position, which occurs in this case seven days. "
149. To complement the 438. the second part of the article after the word "from" by the words "detention, house arrest or police surveillance."
150. article 439: to supplement the first sentence after the words "withdraw your complaint or protest" with the words "until the Court go discuss the making of the judgment";
to supplement the article with the second part as follows: "If the defendants who committed criminal offences, being a minor, has come of age, he can withdraw his legal representative of defenders or the complaint, and the withdrawal is binding on the Court."
151. Express 442. text of article as follows: "to the Court of session, the defendants invited prosecutors, who appealed the judgment or the judgment appealed to the Prosecutor, victims, civil plaintiffs, civil defendants, of their defenders and legal representatives.
The victims, civil plaintiffs, civil defendants and their representatives are invited to the Court, if the case is heard in their complaints or cases where their presence.
If the victim, the civil, civil defendants who filed an appeal, or representative fails to appear at the hearing without valid reason and not told the Court that the complainant asked to examine his absence, without regard to the hearing of the complaint.
Defendants and the victim, who has not appealed the judgment, the Court shall notify the hearing, but their absence is not an obstacle to consideration. Defendants who are in custody, after his request to be provided with opportunities to participate in the proceedings.
Witnesses, experts, specialists, who participated in the Court of first instance, as well as the defendants and victims, not judgment calls on appeals to the Court if the appeal court considers it necessary. In this case, you must also call the disclose, Defender and legal representative.
The Parties requests for this article, the persons referred to in the fifth subparagraph, prompting the appeal to the Court of session to be expressed if the appeal or protest, indicating the circumstances in which that person's repeated questioning.
If the defendants who filed an appeal, does not appear at the hearing without justification, she left without examination of the complaint. "
152. Article 444 Express as follows: "444. article. Criminal action after its receipt of the appeal court after the receipt of the criminal appeal court in the Criminal Court of the District Court or of the Supreme Court's Criminal Chamber of the Court shall forward it to the President to prepare for consideration by one of the judges, who will be the Rapporteur of the case and the President of the court hearing.
If you receive a case to the appeal court, the Criminal Court of the District Court or of the Supreme Court's Criminal Chamber of the Court finds that the President actually submitted in the appeal in cassation proceedings and cases of mistakenly sent to the appellate court, he sent the cassation instance court and notify the parties.
The Court received the case brought, prepare them for examination to the appeal procedure. "
153. To supplement the code with article 444.2 444.1 and by the following: ' article 444.1. Conditions that have to be clarified, designating the matter to Decide the question of the appointment of the case review, identify: 1) or the jurisdiction of the Court of appeal;
2) or there are any circumstances that prevent you to proceed to the appeal procedure;
3 understand any or not) supporting materials;
4) or will not swivel safety feature.
Article 444.2. Li's appointment to the ETA unless circumstances which preclude the referral of an appeal procedure, the judge rapporteur by means of the written decision.
The decision on the appointment of the case to the State: 1) disclose, name, surname, personal code;
2) KRI mināllikum, after which the defendants found guilty;
3) who submitted the appeal and protest;
4) to what extent the judgment is appealed;
5) of a person invited to the Court of session;
6) applied decided upon request;
7) or in case of open or closed pending the hearing;
8) the hearing time and place;
9) or pieaicinām in the interpreter.
Copies of the decision shall immediately be forwarded to the parties (even those with no appeals of the judgment).
The hearing shall be notified to the Court of first instance. "
154. Make the text of article 446 as follows: "a judicial inquiry and judicial debate appellate court takes the complaint or protest the claim and within which should not be exceeded unless the appellate court is in any doubt about the Court of first instance found the defendants guilty or in conditions that exacerbated his responsibility. If the appeal is not expressed in the specific requirements for any part of the judgment under appeal be considered judgment in General.
The appellate court may apply the law on more serious offences than acknowledged by the Court of first instance, only if requested by the Prosecutor or the victim in its protest appeal. In this case, however, may not apply the law on harsher than it did for u, which was passed before the Court.
Heavier penalty for the defendants, as well as the determination of the eligible person's recognition of the guilty and the punishment it permitted where this reason filed by the Prosecutor or the victim's complaint to protest a law about heavier. the criminal offence or the eligible person's recognition of a complaint by the victim the appellate court considered only if the appeal court hearing, the Prosecutor maintains the complaint of the victim. "
155. the Present text of article 447 of t by the following: "the results of the proceedings in the appellate court accepts one of the following decisions: 1) leave unchanged the judgment of the Court of first instance;
2) annul the judgment of the Court of first instance, make a new judgment;
3 the tcel) a judgment of the Court of first instance, make a new judgment in this part;
4) leave unchanged the decision of the Court of first instance;
5) totally or partially annul the decision of the Court of first instance, the case for a new consideration or additional pre-trial investigation.
The first part of this article 2 and 3 in the case provided for in point the appellate courts make judgments, but in other cases the decision.
The appellate court declares the judgment or decision or the operative part. If you pass judgement or the operative part of the decision, it must be in writing and signed by judges. In this case, the judgment or decision motivated uzrakstām in five days.
The appellate court ruling shall be sent to all defendants, including those in the judgment of the Court of first instance does not, as well as the public prosecutor appeals. The other members of the ruling process transcripts sent upon request, if the request is filed within five days after the delivery of the judgment. "
156. To supplement the code with the following wording for article 447.1: "447.1 article. Appeal Court next to the decision of the appeal instance of this code 317. in the cases provided for in article can accept the next decision that enforceable in accordance with the procedure laid down in article 317.
The appellate court decision next may be directed by the Court of first instance also attention to the deficiencies that allow them do not lead to the abolition of the ruling. "
157.448. Article: make the first paragraph by the following: "the Appeal and cassation protest submitted is legally invalid, having been convicted by a Court of Appeal ruling of the Supreme Court of appeals Criminal Department in the Senate in order to cancel the ruling of the appeal and send the case to a new investigation or determination amended. ';
Add to the second part of the third sentence by the following: "If the complaint is in reference to this code 451. referred to in the second subparagraph of article irregularities thing to send in cassation.";
make the third paragraph as follows:

"If, in proceedings, cassation complaint or cassation protest of the specified themes are not confirmed, this part of the complaint or the protest is rejected and the case to the appellate court to review a complaint or protest in the rest."
158. To replace the words "in article 450 of the Latvian Criminal Code" with the words "criminal law".
159. Make 452. the first paragraph of article 6 of the text by the following: "an appeal in cassation or protest shall be submitted in writing not later than 10 days after the judgment or decision motivated."
160. To complement the 454. the second part of the article after the word "arrest" by the words "as well as part of house arrest or police surveillance abolition".
 
161. Article 455: Add to the article with a new second subparagraph by the following: "If the defendants who committed criminal offences, being a minor, has come of age, he can withdraw his defenders and legal representative at the Court of Cassation, submitted to complain but, and this withdrawal is binding on the Court."
consider the second part of the third part.
162. Supplement article 462, fourth subparagraph after the word "decision" by the words "or its operative part".
163.465. Article: adding to third after the number and the words "in article 112, second paragraph" with a number and the words "the second paragraph of article 234";
express the sixth follows: "on hearing the decision on safety features, selection or modification of the accused (defendants) (228, 229, 237), as well as a judge of the Court decision on the designation of security features or modification at the time of the hearing (art. 248) within seven days of an ancillary complaint may be submitted by the defendants, the accused, his counsel and, in the cases specified by law, legal representative, but the Prosecutor can lodge a protest next to the higher court. Things with near or next to the protest of the complaint sent to the higher court, which will consider and adopt a decision in this code, the third paragraph of article 222.1 deadlines and procedures. For the other decisions adopted at the time of the hearing a case of first and second instance, if the trial ended with the judgment of the Court of Justice, the individual can not submit a complaint or protest. Objections to these decisions may include the complaint or protest, submitted to the judgment of the Court of Justice. "
164. in Addition to the code of conduct with thirty-eight chapters as follows: "thirty-eighth chapter of the Attorney General's decision and the arbitration proceedings to appeal against 466. article. The Attorney General's appeal of the decision of the Attorney General's decision, taken in accordance with this code, article 14.7 106.4, the second paragraph of article 131. the third and fourth paragraphs, and article 208.1 367.1 can lodge a complaint with the Supreme Court Senate Criminal Department, of the person to whom the decision relates, the defender and legal representative within 10 days n o when these people learned about the decision and its content.
467. article. The lodging of the complaint and the determination of the consideration received a complaint, the Supreme Court Senate Criminal Department presiding Chairman and ask one of the judges (the senators) referē.
The Senator, who asked to be requested from the referē the Attorney General's criminal or other materials, which were the basis for the decision, and determine the time of the examination.
The Attorney General and the complainant, his barrister, legal representative or a representative shall be informed of the hearing of the complaint and of their rights to participate in the hearing. If necessary, the Court can izprasī documents and other material or call the person's explanation for going. The complainant, on remand, after his request to be provided with opportunities to participate in the consideration of the complaint.
468. article. The inquiry and decision making a complaint about the Attorney General's decision to review the Supreme Court Senate Criminal Department consists of three Senators, through the Attorney General and the complainant, his barrister, legal representative and representative.
This absence of persons without valid reason, if those timely notified of the time and place of the examination, the examination of the complaint is not an obstacle.
The Court, having heard the complainant, his counsel, the legal representative and the representative, as well as the Attorney General, go to discuss and adopt a decision which reads the Court.
469. article. Decision of the Court the Court shall adopt one of the following decisions: 1) leave the decision of the Attorney General;
2) amend the Attorney General's decision;
3 to cancel the decision of the Attorney General).
The Court's decision is final and not appealable.
470. article. The Court's decision After decision, the Court of criminal proceedings or other izprasīto materials for three days along with a decision to send to the Attorney General. "
165. To replace the words "throughout the code, the Criminal Code of Latvia" (fold) with the words "criminal law" (fold).
This law shall enter into force simultaneously with the criminal law.
The Parliament adopted the law on 14 October 1998.
The President g. Ulmanis in Riga in 1998 on November 3.
 
 

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