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The Amendments To The Code Of Criminal Procedure Of Latvia

Original Language Title: Grozījumi Latvijas Kriminālprocesa kodeksā

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  The Saeima has adopted and the President promulgated the following laws: the amendments to the Latvian Criminal Procedure Code of Latvia in the criminal code as follows: 1. Replace article 23, second paragraph, article 23.2 in the second, third and fourth subparagraph and article 23 4 of the first paragraph, the words "the public prosecutor's Office" in the fold with the word "Prosecutor" in the fold.
2. Express article 41, second subparagraph by the following: "in exercising supervision, the public prosecutor proposes or refuses to initiate criminal proceedings, ask the authorities to Institute the criminal inquiry, repealing the illegal and unjustified statement and post a lower Prosecutor decisions on criminal prosecution or criminal proceedings, as well as propose repealing other illegal and unjustified statement and post lower decisions in criminal cases, prosecutors take part in investigative actions, instructs the investigation progress and specific investigative operations complaints about the inspection certificate, and lower prosecutors office actions and decisions, as well as applications of cognition and the offenders post lower rejection, the Prosecutor shall refer the criminal papildizmeklēšan. "
3. Supplement article 49 by the third part as follows: "operational activities, information on the facts, the news that fixed by technical means, may be used as evidence only if they can check the procedural laid down in this code."
4. Replace the fifth paragraph of article 54 of 102 in the fourth paragraph of article, article 103, fourth paragraph of article 104 in the third paragraph, and article 105, fourth paragraph, the words "up to seven thousand rubles" with the words "up to two minimum monthly wages".
5. Express article 75 of the fourth subparagraph by the following: "the amount of the security determined by the certificate authority, the Prosecutor, the judge or the Court, noting the seriousness of the crime, with the amount of material damage caused by the threat of punishment severity and security's assets, but not less than the minimum monthly salary of fifty."
6. Article 76: make the third paragraph as follows: "detention as a security measure may be applied only by a judge's decision to the Prosecutor or the perpetrator of the cognitive basis of apcietinām material, its defence, but in the cases stipulated by law, the legal representative's presence. Apcietinām-person presence is optional, if it is outside the boundaries of the Republic of Latvia or its location is not known. "
to supplement the article with the fourth paragraph as follows: "the judge (Court), familiar with the material and considered a criminal prosecutor, cognitive, apcietinām offender, its defence, but in the cases stipulated by law, the legal representative for the views, check whether there are valid grounds to arrest this person, and accepts motivated decision."
7. Article 77: make the second paragraph, the second sentence as follows: "If it is not possible to complete the pre-trial investigation and the Prosecutor no grounds to amend the security feature, the judge may extend this period to one year and six months on the Prosecutor's application and indicated to the file, if necessary, by the arrest, his counsel, but in the cases specified by law, legal representative. ';
to make a fifth by the following: "After the completion of the investigation, if the period of detention extended up to the maximum period provided for in the law, criminal cases materials not later than one month before the expiry of the remaining accused and his counsel to be able to become acquainted with them."
Add to sixth with the words "If this article are complied with the conditions referred to in the fifth subparagraph, '.
8. Make the text of article 83 the following: "security feature will be cancelled if it is illegal for future or is no longer needed, or amending, replacing with a tighter or easier, if circumstances so require.
Repeals or amends a security tool with its inquiries, public prosecutor or judge the perpetrators (of the Court) decision in criminal proceedings, but the offender or the Prosecutor's inquiry does not legally appropriate security measure may be revoked also post higher prosecutor.
Pre-trial investigation judge (Court) the appropriate security measure (detention, house arrest) repeal or amend only the Prosecutor motivated decision, but in this code, in the cases provided for in article 222.1 — cancels the Court. "
9. Supplement article 95, third paragraph, the third subparagraph of article 100, the second subparagraph of article 102, and article 103, second subparagraph, after the words "from the time of completion of the pre-trial investigation" by the words "and to make the necessary information from the file or also with the technical means to copy the necessary file".
10. Article 96: in the fourth paragraph, replace the words "with the legal advice mediation" with the words "in accordance with the procedure prescribed by law";
in the fifth subparagraph, replace the words "legal advice for the driver and the Bar Association Bureau" with the words "the Latvian Council of sworn advocates;
replace the sixth and seventh paragraph, the words "Council of Ministers" with the words "Cabinet".
11. Add to article 97 of the third subparagraph of the first paragraph, the words "or with the technical means to copy the necessary file".
12. off 98, the first paragraph of article 6.
13. Add to article 107 was the first part of paragraph 6 by the following: "6) psychologist or doctor's opinion on sexual violence against children (up to 16 years of age)."
14. Article 109: make the fourth paragraph as follows: "to settle the issue of criminal prosecution due to the received applications and notifications, cognitive authority, the Prosecutor, the judge (Court) has the right to request the necessary material and explanations to determine the audit and get the audit opinion, as well as request and receive professional advice, however without making the investigation provided for in this code. If necessary, until a decision on the criminal prosecution of cognitive authority, the Prosecutor, the judge (Court), subject to the requirements of this code, may, by decision, impose and receive expert opinion, if this opinion is essential in resolving the issue of criminal prosecution, and if the inspection is not required to make any other procedural actions. ";
Supplement to the fifth article as follows: "application and notices of crimes should be dealt with immediately, but not later than ten days from the date of receipt. If during the test need to get an expert's opinion or professionals auditing or consultancy, the application or notification should be examined for not more than thirty days. "
15. Article 124 off the second part of the second sentence.
16. Make the title of Chapter 13 as follows: "the accused's criminal liability and prosecution questioning".
17. Article 175: Express fifth last sentence by the following: "the following list of subjects determined by the annex 1 of this code.";
make the first sentence of the sixth paragraph the following wording: "property, which arrested the perpetrator, cognition or the Prosecutor shall at the discretion of the responsible local representative or in store owner's relative or other person."
18. Supplement article 176, first subparagraph, after the words "done" with the words "only when investigating serious crimes and".
19. Supplement article 181 with the third subparagraph by the following: "After viewing the corpse, corpse judicial medical examination or inspection it cremation prohibited. Disposal permit is issued by the Prosecutor. "
20. Supplement article 202, second subparagraph, after the words "subject to this code and article 86 85. the rules laid down in the" with the following text: "in reviewing the case, the victim, the civil, civil defendants and their representatives have the right to make the necessary statements or with the technical means to copy the required files."
21. Make the text of article 212 as follows: "for the termination of the criminal proceedings the public prosecutor or the perpetrator motivated cognition. Inquiries regarding the decision on the termination of criminal proceedings may be made in cases where pre-trial investigation established in article 5 of this code 1 to 3 and 5 point contains conditions which prevent the criminal proceedings.
Decision on termination of the criminal proceedings must specify the place and time of composition, the fact of the matter, the identity of the suspect, the accused, the evidence, the reasons for the termination and the legislative framework, the references to the pages where confirmed the decision said. In accordance with article 66 of this code, the provisions of decision resolving a matter of evidence and other things in case removed objects, as well as indicate any limiting decisions are repealed.
If the pre-trial investigation established the facts on which the person who was called a criminally, or against any other person to use the means of influencing the disciplinary or administrative penalties, the public prosecutor or the cognitive, izbeigdam a criminal offender, notify the company, institution or organization that apply to the administration of the relevant means of influence, or send the material for the application of the administrative penalty.
Decision on termination of the criminal proceedings the public prosecutor or of the signature of the certificate the perpetrator.

The person against whom criminal proceedings are terminated, the victim and his/her representative, as well as the person or authority, after which the message is prosecuted, the public prosecutor or the cognitive offender shall immediately notify the termination of criminal proceedings, explaining the law to become acquainted with the decision on the termination of the proceedings and with the file. At the request of persons or institutions they are issued a certificate of termination, stating the grounds for termination.
Decision on termination of the criminal proceedings stakeholders and authorities within five days from the date of receipt of the appeal one step higher prosecution authorities, but the General Prosecutor's Office of the Prosecutor to the Attorney General's decision, the Attorney General. "
22. the text of article 222.1 Expressed as follows: "the judge's decision on security features — detention or house arrest — on the application of the extension of its application, for the insertion of medical institution or other coercive measures can be appealed against to the Court of the suspect, the accused, their representative or counsel, and other persons who applied are laid down in this code, as well as coercive measures cognitive offender whose records are located, or a public prosecutor, submitted a protest nearby.
A person may bring such an appeal within seven days from the moment when it became aware of the first paragraph of this article, the application of the security measures, the extension of their application, placing medical institution or other coercive means.
Such complaints or protests of the next review and decision on the judge's decision without alteration or abandonment of its cancellation, adopt the higher court. The decision shall be taken no later than seven days from the complaint or protest, the date of receipt of the complaint or the participation in the next protest and the Prosecutor. The Court's decision is final and may not be appealed. "
23. in article 281: make the second paragraph as follows: "in exceptional cases, where this is necessary in establishing the truth, victims or witnesses on the basis of the decision of the Court of Justice may examine the rest of the victims or defendants (defendants) are absent. After all the victims in this case, questioning the President of the hearing must notify the other victims or defendants (defendants) in the absence of the victim or witness under testimony and be given the opportunity to ask this question of the victim or a witness. "
to supplement the article with the third part as follows: "the victim, who has not reached the age of sixteen years, after his questioning in court with its decision may be released from further participation in the hearing, unless the Court, on its own initiative, or upon a public prosecutor after a request of the parties recognise the need for the presence of the victim further hearing. In such cases, it is mandatory for the victim's legal representative or the representative's participation in the hearing. "
24. Add to article 304 of the third paragraph the words "or as evidence in a case is only a testimony of the persons to whom criminal proceedings contains the alias (questioning of this code which article 85 in sixth in the order provided for in part)".
25. To supplement the article with 305 third subparagraph by the following: "the application of conditional sentencing the person who committed the crime, drug addiction or alcoholism, the toksikomānij Court sentenced consent can be placed on the obligation to seek treatment for his alcoholism, drug abuse or toksikomānij, by asking the police authorities and the medical authority to control his actions."
26. To complement the 370. the second paragraph of article after the words "social influence" with the words "or without a valid reason, to fulfil the obligation of the Court to seek treatment from alcoholism, drug abuse or toksikomānij".
27. To replace the words "in article 433 of the judgment" by the words "court order".
434. Article 28: turn off the second part;
consider the current third and fourth respectively second and third.
29. Add to article 447 with points 3 and 4 by the following: "3) cancel the judgment of the Court of first instance and send case to the pre-trial investigation;
4) leaves the decision of the Court of first instance without amendment or repeal decision in whole or in part and refer the matter for a new hearing to the Court that the decision adopted. "
30. Replace the second paragraph of article 1, the words "judgment of" with the word "ruling".
31. Article 461 of the express as follows: "article 461. The Court of Cassation's decisions are the outcome of proceedings in the Court of Cassation shall adopt one of the following decisions: 1) leave the verdict without amendment, but the complaint or protest, without satisfaction;
2) cancels the verdict and sent the case to the pre-trial investigation or hearing for new;
3) repealed the judgment and terminating the case;
4) amending the judgment. "
32. To supplement the code with the following wording for article 461.1: "461.1 article. Cassation instance court next to the Court of cassation instance court decision shall be entitled, in proceedings on appeal in cassation, 317 of this code in the cases provided for in article and in the correct order, as well as in cases where, in proceedings before the Court of first instance, a breach of the law allow, accept the next decision. "
33. To supplement the code with 465. article as follows: "article. 465. The Court or a judge of the Court of appeal of the decision or the decision of a judge who has not become final and which is designed to appeal to the law, the Prosecutor may submit to the next protest, but the defendants (justify) his legal representative and counsel, as well as the victim, the civil, civil defendants and their representatives — next to the complaint within ten days in the higher court, whose decision is final.
On the Court, or the judge's decision, adopted under article 436 of this code in the fourth paragraph or the fifth subparagraph of article 452 in the cases provided for, next to the protest or appeal an ancillary complaint or appeal in cassation within seven days you can submit a person who appeals a judgment.
On the Court, or the judge's decision, which was adopted in this code, article 112, second paragraph 235.236, 256, 259 and 260,. in the cases provided for in article, the Prosecutor may submit a protest next to a higher court, but the first paragraph of this article — the person next to the complaint about the refusal to institute criminal proceedings (article 112, second paragraph), for criminal prosecution (article 256) and on the termination of the proceedings (article 236 and 260).
Decision of the Court relating to the medical use of coercive measures (401) the Prosecutor may submit a protest next to a higher court, but in this code, the persons referred to in article 402, the next complaint.
On the judge's decision as to the educational nature of the coercive measures applied to minors (article 8) the Prosecutor may submit to the next protest, but the minor's parents or the person that they are replaced, the child protection officer and advocate — next to the complaint.
On decisions taken during the hearing of first and second instance, if the trial ended with the judgment of the Court of Justice, the individual can not submit complaints or protests. Objections to these decisions may include the complaint or protest, submitted for the judgment of the Court of Justice.
Next to the complaints and protests near the Court of this code and article 441.456 in composition, and may be withdrawn in accordance with the code and article 439.455.
Next to the complaints and protests next appearance in the order specified in this code to the proceedings before the Court. If at the hearing asked parties to appear, it is not an impediment to the proceedings. "
34. To supplement the code with the following: Annex "annex list of property that is not subject to seizure for arrest is not subject to such a person owned property: 1. Viendzīvokļ residential house with outbuildings or flat apartment house where the suspect or accused and his family permanently in the reside.
2. Home appliances, household items and clothing needed for the suspect, the accused (defendant) and who are dependants: 1) clothing: each person one summer and autumn coat, one winter coat, one winter suit (women: two winter dresses), one summer dress (women: two summer dresses), as well as other clothes with little value;
2) two pairs of shoes for each person;
3) two sets of laundry per person;
4) bedding, bed clothes and towels;
5) kitchen and tableware, which is in use (except items that are made of precious metals, as well as objects that have artistic value);
6) furniture: one bed and Chair (or stool) for each person, one table, one closet and chest of one family;
7) all child items and clothing required.
3. food products in such quantities, the defendant and his family need to new harvest, if his principal activity is agriculture, but in other cases, foodstuffs and money that total not exceeding Government given one month of living about the accused and each Member of his family.
4. Fuel needed for family cooking and living space heating.

5. Equipment (including the minimum quantity of agricultural machinery, tools, equipment, books, etc.), which requires the accused business, or individual professional activities to continue, except when the company was declared bankrupt by a court or the accused in criminal proceedings deprived of the right to communicate to the occupation. (Note: the minimum amount of machinery needed for the size of the farm, down the Ministry of agriculture instruction.)
6. Persons whose occupation is agriculture, one cow, one heifer, one goat, sheep, pig, poultry and flock as well.
7. feed in quantities necessary to gather a new feed or livestock grazing to the piling.
8. Persons whose occupation is agriculture, seed and plant material. "
Transitional provisions 1 to the new code of criminal procedure of the Republic of Latvia's entry into force, the protest can be submitted to the supervision of criminal proceedings. Such protest shall be submitted and reviewable in accordance with chapter 31 of the code of criminal procedure the conditions (the version which was in force until 1 October 1995) and these transitional provisions.
2. The transitional provisions in paragraph 1, the deadlines laid down and in accordance with the Latvian Criminal Procedure Code and the transitional provisions in these procedures the procedures for supervision of the protest can be submitted: 1) criminal matters where applicable in the Republic of Latvia on august 3, 1990, the law "on rehabilitation of repressed persons";
2) criminal matters in which the ruling (judgments and decisions) have entered into legal force in 1995 October 1, if this was not considered a criminal act in the Latvian courts of supervisory instance;
3) criminal matters in which the ruling (judgments and decisions) adopted and come into lawful effect after 1 October 1995, but they have not been considered in the appeal or appeal in cassation, as well as in cases when a criminal case is pending appeal or appeal in cassation, but there are 449 of the code of criminal procedure of Latvia, 450.451. Article and causes and are not related to the revaluation of the evidence.
3. the right to lodge a protest to the supervisory order of the transitional provisions in paragraph 2, 1. in the case in point is the President of the Supreme Court and his deputies, but 2 and 3 cases in point: the Attorney General and the Prosecutor General's Office in the Criminal Department of the Procuratorate.
4. transitional provisions 1 and 2 of the criminal supervision referred to in the Court is the Supreme Court's Criminal Chamber of the Supreme Court Senate Criminal Department.
The Parliament adopted the law of 20 February 1997.
The President g. Ulmanis in Riga on 11 March 1997 in