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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 code of criminal procedure the following amendments: 1. Express 85 sixth article by the following: "If a person involved in the investigation, security or other reasons, it is not appropriate to disclose the person's address and Protocol in the workplace, it is replaced by its name and telephone number (fax), through which the process can force that person to call."
2. To supplement the code with the ninth chapter A of the following: "(A) in the ninth chapter of the Criminal liecinoš in the person of special procedural protection article 106.2. Persons who are entitled to special protection of procedural rights to special protection are the procedural victim, witness, the suspect, the accused, defendants and convicted, which suggests criminal cases for serious crime, and their legal representatives, which may affect the risk to conservation.
106.3 article. Special procedural protection and cause of this code, a person referred to in article 106.2 special procedural protection to be determined if this person provide evidence it has happened in real life, health, property or legitimate interests, expressed in such danger or has reasonable grounds to believe that the risk may occur.
Basic special procedural protection is article 106.2 of the person referred to in the written submissions.
rule 106.4. Personal recognition of special procedural protection is already established in this code, the circumstances referred to in article 106.3, after the process of writing the Attorney General on the proposal of the promoters, familiar with the material and considered a threatened person, adopt a reasoned decision to recognize this person for special procedural protection.
The first paragraph of this article a decision is not added to the criminal proceedings, but it is added to the reference about the decision.
If the process you need to apply this code provided for in article 106.6 special procedural safeguards to hidden personal identity data, all criminal documents drawn up in advance, which is fixed in the this person's identity data is overwritten by changing only the personal identity data, as provided for in the decision. The original documents are removed from use and stored together with the decision on the special procedural protection, application of that person, and may be consulted only in the matter and requested the Attorney General specifically authorized prosecutor.
106.5 article. Driver to process special procedural protection measures through special procedural protection, process Guide: 1) shall ensure that no protected person's identity would not be disclosed, and fixed in the criminal case materials;
2) made during the pre-trial investigation and court actions in this code in accordance with the procedure laid down in article 106.7;
131. This code 3) in the third subparagraph of article properly with the Attorney General's consent to the use of the accused that certain special procedural protection, you can extract the individual records;
4) can ask the core operators to take the necessary operational activities provided for in the law and other protection measures;
5) do not use the protected person's testimony as evidence in criminal cases, where the measures provided for in this article cannot guarantee its security.
The Court, providing the special procedural protection to the person may decide to proceed to fully or partially closed hearing.
The first part of this article, the measures referred to in the guide of the process and make choices, depending on the particular circumstances of the case in this code, in article 106.6-106.9.
Article 106.6. The identity of the protected person's non-disclosure of data to ensure the identity of the protected person's data is not disclosed at all criminal documents (protocols, decisions, opinions of experts and specialists, the indictment, its annexes, judgment, etc.) this person's identity data is replaced with the nickname and the name and telephone number (fax), through which the protected person can invite to the pre-trial investigation or the Court.
106.7 article. Special rules for conducting a procedural action with protected person to turn off the ability to identify the protected person and guarantee its security, in addition to the corresponding articles of this code laid down the General rules can be applied to the following specific provisions: 1) due to the need to prevent a conflict of two earlier questioning person testimonies, if one of these people is the procedural protection, they can be interrogated simultaneously by using such technical means, which do not permit the identification of protected;
2) cross-examination in court proceedings or process protected a representative of the person (if any) dismissed questions, answers to which can lead to identification of the protected person, but the protected person has the right not to answer to the following questions;
3 reporting when the protected) person made pursuant to article 166 of this code provided for in the second paragraph of the order;
4) the Court may consult the protected person interrogation room or another room, through technical measures and ensuring that the other process participants hear asked questions and answers, as well as in the pratinām could ask him questions;
5) Court questioning can be protected, which is not in the Court building through technical measures and ensuring that the participants of the process it would be visible, it should be able to ask questions and hear answers to them;
6) where, in respect of protected persons must comply with this code, the provisions of article 106.6 (this person's identity is not disclosed), questioning their 5 and 6 of this article in accordance with the procedure laid down in paragraph, can lead to Visual or auditory disturbance, to prevent other players identify this person;
7) if the person to be protected, which is not in the Court building, is using interrogate technical features, together with the pratinām be professional — on the issue of passports, an officer of the institution responsible for verifying and certifying the identity of the pratinām.
106.8 article. Protected personal testimony not use this code if all of the measures provided for in article 106.5 specific situation cannot guarantee the security of the person protected by the Attorney-General on the proposal of the promoters of the process to adopt a reasoned decision not to use the statements as evidence in criminal proceedings.
In the first case referred to all protected persons the CIRS and another with this person the investigation work of the Protocol in which information is recorded, it can be compromised, and further removed from the criminal proceedings be kept together with the decision provided for in article 106.4 of special procedural protection, application of that person, and may be consulted only in the matter and requested the Attorney General specifically authorized prosecutor.
106.9 article. Special procedural protection rights of the Protected person has the right to request to reinforce protection measures, pay the due to the lack of protection or the material damage, as well as at any time opt-out of this defense.
The protected person has the right to call on a representative who has a lawyer, the right to represent the interests of the protected person, together with their participation in the activities of the pre-trial investigation, trial, appeal and cassation instance courts, sign up for a rejection, to submit requests and complaints.
rule 106.10. Personal special procedural protection expired the personal special procedural protection is terminated by a decision of the Attorney General, if the risk is gone, its Foundation, itself a protected person waived the special procedural protection or with his actions made it impossible. "
3. Express 131. the third part as follows: "one or more of crime crime in joint offence the accused person things, things of one and the same person committed more crimes, as well as things you need to provide the accused person special procedural protection, by the Prosecutor or the reasoned decision making enquiries with the consent of the Attorney-General can be broken if this Division is necessary, and without prejudice to the right of the matter."
4. Supplement article 166, the second subparagraph by the following text: "Uzzīmētāj safety or ethical reasons, when the first part of this article in accordance with the procedure laid down in the can do it, to not see uzzīmētāj uzzīmējam. In this case, by guest must be located in a place where uzzīmējam is located and place where uzzīmētāj is located. "
5. To supplement the code with 208.1 article as follows: "article 208.1. Termination of criminal prosecution against the person who significantly helped uncover organised groups committed serious crimes to the Attorney General for his decision to terminate the criminal proceedings against the person who significantly helped uncover organised groups committed serious crimes that are heavier or more dangerous than the person's own crime.
The provisions of this article do not apply to persons who are criminally liable for offences referred to in the Criminal Code of Latvia provides for the death penalty or imprisonment for a period longer than 10 years. "

6. Put 210. the second subparagraph by the following: "to the Court of session to invite persons, that during the pre-trial investigation article 85 of this code in the sixth paragraph, the procedure laid down have no fixed home address, list the name and phone number (fax), through which this person can be called, as well as the person's name, but if it is to interrogate the pseudonym, then only a nickname."
7. Replace the third paragraph of article 268 of the words "the need to ensure personal security" with the words "a certain special procedural protection".
304. Article 8: supplement article with a new second subparagraph by the following: "the judgment of Conviction may not disclose, give, if guilt is proven solely by the evidence of persons whose identity is not disclosed according to article 106.6 in this code, and other evidence in the case is not.";
consider the current second and third respectively on the third and fourth;
to make the fourth subparagraph by the following: "Supporting the judgments rendered in cases where crimes have been detected in the event, if the offence does not disclose the composition of the crime, as well as if in the case of participation in a crime is not demonstrated or as evidence in the case is just the evidence in accordance with article 106.4 this code identified as specially protected and procedurally appropriate 106.5 article of this code in the special procedural safeguards."
9. To supplement the code with 367.1 article as follows: "367.1 article. Reduced penalties in connection with substantial help of organised groups made the disclosure in a serious crime if the person is convicted, significantly helped to uncover organised groups committed serious crimes that are heavier or more dangerous than the person's own crimes, and if the Attorney General prosecution against that person is not terminated in accordance with this code, the Prosecutor-General article 208.1 turns with the submission to the Court by which the judgment of this person is convicted on the judgment of the Court of Justice reduced penalties laid down no less than to the side, but the death penalty or life sentence replaced with imprisonment under the Criminal Code of Latvia article 53.1.
The look of the application in a closed hearing.
If the Court rejects the application, the Attorney General may appeal to the higher court, which court the collegial basis three judges.
The operative part of the decision by the Court is attached to the case and a copy sent to the authority, which shall ensure the execution of the decision, but the whole of the proceedings and the trial protocol is not added to the file, and may be consulted only in the further process of the Attorney General and particular promoters authorized prosecutor. "
The Parliament adopted the Act of 12 June 1997.
The President g. Ulmanis in Riga on 1 July 1997, the