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The Amendments To The Criminal Code Of Latvia

Original Language Title: Grozījumi Latvijas Kriminālkodeksā

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The Saeima has adopted and the President promulgated the following laws: the amendments to the Criminal Code of Latvia the Latvian Criminal Code do the following amendments: 1. Complement 7.1 the second paragraph of article with the following content: "the illicit manufacture of narcotic drugs or psychotropic substances or the organisation inside the range (222.4), incitement to use narcotic drugs or psychotropic substances with aggravating circumstances (article 222.5 second and third), the illicit manufacture of narcotic drugs or psychotropic substances to enter the person's will (222.10) , the illicit manufacture of narcotic drugs or psychotropic substances permitted for use in the manufacture of equipment and substances (precursor) the manufacture, acquisition, storage, transport, transfer or disposal of the implementation (the second part of article 222.11). "
2. Turn article 22, first paragraph, the words ' counterfeit money or securities in the manufacture or distribution of aggravating circumstances (article 82, paragraph 2) ".
3. Article 42: adding to sixth after the words "test" with the words "without justification, fails to fulfil the obligation of the Court or";
to supplement the article with the ninth subparagraph as follows: "the Court sentenced conditionally can be placed on the convicted who committed a crime, drug addiction, alcoholism, or toksikomānij, with his consent, the obligation to seek treatment from alcoholism, drug abuse or toksikomānij in the medical institution of the State."
4. Article 50: make the second paragraph as follows: "conditional early release from a sentence or part of the sentence served to convicted the penalties easier can be applied only if he with exemplary behavior and fair treatment of work proved its reformation should never depend on, but in the case when a convicted crime did alcoholism, drug abuse or toksikomānij,-if he willingly went to treatment course or start the treatment of alcoholism , or toksikomānij of drugs at the time of sentence. ";
Supplement to the twelfth article as follows: "If a person suitable for conditional early release from a sentence or part of the sentence served by easier and which launched the treatment of alcoholism, drug abuse or toksikomānij, not served during the penalty portion to avoid treatment course in the State medical institution, the Court shall, in its application, the authority which imposed the obligation to supervise convicted conditionally, a decision may be taken on the part of the fine is not served."
5. Article 51: make the second paragraph as follows: "conditional early release from a sentence or part of the sentence served to easier the convicted may apply penalties for a crime committed before 18 years of age, only if he with exemplary behavior and honest attitude to work and training proved its reformation should never depend on, but in the case when a convicted crime did alcoholism, drug abuse or toksikomānij affect -If he willingly went to treatment course or start the treatment of alcoholism, drug addiction or the Penal toksikomānij. ";
to supplement the article with the ninth subparagraph by the following: "If a person suitable for conditional early release from a sentence or part of the sentence served by easier and which launched the treatment of alcoholism, drug abuse or toksikomānij, not served during the penalty portion to avoid treatment course in the State medical institution, the Court shall, in its application, the authority which imposed the obligation to supervise convicted conditionally, a decision may be taken on the part of the fine is not served."
6. in article 61: turn off the title, the word "popular";
to make the disposition of the article as follows: "an attack against parliamentary or local Government member, Cabinet Member or other elected or appointed by the Saeima official due to its governmental action in the interest of the Republic of Latvia, where the attack is related to that person's life or health".
7. To supplement the code with article 65.2 as follows: "article 65.2. A call to eliminate the Latvian national independence For public calls to eliminate the national of the Republic of Latvia, including the independence of Latvia in formations of the single-State by another State or States or otherwise,-punishable by deprivation of liberty for a period of up to three years or with a fine of up to thirty minimum monthly salary.
About organizational activities aimed at the Latvian national independence, including Latvia in formations of the single-State by another State or States or otherwise,-punishable by deprivation of liberty for a period of up to six years or with a fine of up to sixty minimum monthly wages. "
8. Express article 82, the second subparagraph by the following: "for the same activities, if they have business character-punishable by deprivation of liberty for a period of ten to twenty years, confiscating property, or with life imprisonment, confiscating belongings."
9. Supplement article 146.3 of the code with the following: "article 146.3. The main gas and oil the intentional destruction or wire damage on high pressure upstream, oil or oil products and equipment of the intentional destruction of or damage to-punishable by deprivation of liberty for up to five years.
The same acts, if they are caused by accidents, disasters, accidents to people or other severe consequences, – punishable by deprivation of liberty for a period of five to fifteen years, confiscating belongings or without confiscation of property. "
10. To supplement the code with article 146.4 the following: ' article 146.4. The main gas and oil to the destruction or damaging of the wires behind the focus On high pressure upstream, oil or oil products and equipment of the destruction or damage of negligence-punishable by deprivation of liberty for a period of up to one year or with a fine of up to thirty minimum monthly salary.
The same acts, if they are caused by accidents, disasters, accidents to people or other severe consequences, – punishable by deprivation of liberty for up to five years or with a fine of up to eighty minimum monthly wages. "
11. To supplement the code with the following wording for article 150.7:150.7 "article. Alcohol and alcoholic beverage storage and transportation regulations on alcohol and alcoholic beverages in storage or transport regulations, if these activities are done again-punishable by a fine of up to fifty minimum monthly wages.

For alcohol and alcoholic beverages in storage or violation of the terms of carriage, if it is done by a group of persons by prior agreement or if the storage or transport, in violation of the rules, made much-punishable by deprivation of liberty for a period of up to two years or with a fine of up to one hundred minimum monthly wages, confiscating belongings. "
12. To supplement the code with article 159.2 of the following: ' article 159.2. Elektrozvej of unlawful manufacture, acquisition, storage, transport or transfer of, the implementation of elektrozvej of the illegal manufacture, acquisition, storage, transport, or transfer-punishable by deprivation of liberty for up to five years or with a fine of up to fifty minimum monthly wages, seizing assets or without confiscation of property. "
13. Express article 161.1 as follows: "article 161.1. Business without registration, or without a special permit (license) For business without registration, or without a special permit (license) if they need statutory, or for the company (the company), the continuation of activities after the order for suspension of its activities, provided such activities do-again, punishable by deprivation of liberty for a period of up to two years or with a fine of up to forty minimum monthly salaries, take away the right of establishment for a period of up to three years or without it.
The same acts, if they suffered substantial damage to the State or other persons legally protected rights and interests,-punishable by deprivation of liberty for up to five years or with a fine of up to eighty minimum monthly wages, take away the right of establishment for a period of two to five years or without it. "
14. off 161.4 article.
15. Express 161.7 article as follows: "article 161.7. Company (company) sales lead to insolvency or bankruptcy of the company (the company) to the fraudulent bankruptcy of the negligence, if it suffered material injury to another person by law protected rights and interests,-punishable by deprivation of liberty for a period of up to three years or with a fine of up to fifty minimum monthly wages, take away the right of establishment for a period of up to three years.
About the company (the company) the intentional fraudulent insolvency or bankruptcy to (the malicious bankruptcy), if it suffered material injury in the State, a municipality, another enterprise (company) or other persons legally protected rights and interests,-punishable by deprivation of liberty for a period from three to eight years or with a fine of up to one hundred minimum monthly wages, seizing property or without confiscation of property, or deprived of the right of establishment for a period of two to five years. "
16. the express article following 161.9: "161.9 article. Credit and other loans received or bad faith use Of knowingly false declarations of a grant, loan or other loan business or receiving a grant, loan or other loan-use punishable by deprivation of liberty for a period of up to two years or with a fine of up to thirty minimum monthly wages, take away the right of establishment for a period of two to five years or without it.
For a grant, loan or other loan contracts do not use intended purpose-punishable by deprivation of liberty for a period of up to four years or with a fine of up to sixty minimum monthly salaries, take away the right of establishment for a period of two to five years or without it.
On the first or second part of the activities envisaged, if they suffered substantial injury to the creditor or other person legally protected rights and interests,-punishable by deprivation of liberty for a period of up to six years or with a fine of up to eighty minimum monthly wages, take away the right of establishment for a period of two to five years. "
17. To supplement the code with the following wording for article 161.11: "161.11 article. The bankruptcy filing or not false filing for bankruptcy does not submit the cases provided for in law-punishable by deprivation of liberty for a period of up to one year or with a fine of up to fifty minimum monthly wages, take away the right of establishment for a period of up to three years or without it.
About the bankruptcy filing, submitted by the debtor or creditor and giving knowingly false statements or messages hidden, if the debtor can be accepted or been declared bankrupt (intentionally false insolvency application)-punishable by deprivation of liberty for a period of up to two years or with a fine of up to eighty minimum monthly wages, take away the right of establishment for a period of two to five years or without it. "
18. To supplement the code with the following wording for article 161.12: "161.12 article. Violation of the insolvency proceedings On the deliberate infringement of the insolvency proceedings, if done by a vendor or other person interested in the proceedings,-punishable by a fine of up to fifty minimum monthly wages, take away the right of establishment for a period of up to three years or without it.
On information hiding from the Court or creditors meeting, or other law, or their deception, as well as on the business for the benefit of one or more creditors to another part of the creditors, if done intentionally, it administrator, insolvency proceedings-punishable by deprivation of liberty for a period of up to two years or with a fine of up to eighty minimum monthly salary, taking away the right to occupy the post of administrator for a period of two to five years.
On the creation of obstacles to the process of insolvency, which from the side of the debtor gets as a court, administrator, or other creditors meeting statutory person required statutory omission or concealment, avoiding participation in proceedings, unlawful expropriation, property or business, document concealment concealment, destruction or falsification or other intentional acts that hinder the conduct of the insolvency proceedings,-punishable by deprivation of liberty for up to five years or with a fine of up to one hundred minimum monthly wages in the by subtracting the right of establishment for a period of two to five years. "
19. To supplement the code with article 173.1 as follows:

"article 173.1. Intentionally false statement sworn notary For intentionally false statement at the sworn notary public, if such notification to set certified by law, punishable by deprivation of liberty for a period of up to one year or with a fine of up to twenty minimum wages. "
20. Make 174. the first paragraph by the following: "the witness or the victim knowingly false testimony knowingly false expert opinion or interpreter deliberately wrong translation in the course of pre-trial investigation, the Court or the notary at the sworn-punishable by deprivation of liberty for a period of up to one year or with a fine of up to twenty minimum wages."
21. the express article 181.2 as follows: "article 181.2. Illegal substances, preparations and articles, the transfer of persons placed in the holding, the previous detention, imprisonment, or substance, and the subject of illegal arrivals from them about money, correspondence, food, alcoholic beverages, as well as other substances, preparations and articles, from checking the illegal transfer of concealed in any manner to persons placed in the holding, the previous detention, imprisonment, or substances , product and object storage and usage of them is banned from the people below, if these operations are made repeatedly during the year and if not otherwise provided for in the articles of this code signs-crime punishable by deprivation of liberty for a period of up to one year or with a fine of up to twenty minimum wages.
The same acts, if committed by the authorities of the Interior employee, punishable by deprivation of liberty for a period of up to three years or with a fine of up to fifty minimum monthly wages. "
22. Replace article 205, the words "with the burning of" with the words "with the burning or other General pārbīstam".
23. the express article 209. second and third subparagraph by the following: "About the pornographic material, manufacture, importation, distribution, public demonstration, advertising, which described or depicted the sexual exploitation of children, human sexual acts with animals, not krofilij or pornographic violence, as well as the storage of such material for the same purpose, as well as the involvement of minors in pornographic materials distribution, advertising or in storage at the same end-punishable by deprivation of liberty for a period of up to three years or with a fine of up to fifty minimum monthly wages in the , confiscating the materials.
On the first and second part of the activities envisaged, if they committed the person earlier convicted for crimes provided for in this article, as well as the minor involvement or use of pornographic material in the manufacture (production)-punishable by deprivation of liberty for up to five years or with a fine of up to eighty minimum monthly salary, confiscating the materials. "
24. To supplement the code with 209.2 article as follows: "article 209.2. Coercion to engage in prostitution For incitement or coercion to engage in prostitution-punishable by deprivation of liberty for a period of up to three years or with a fine of up to thirty minimum monthly salary.
On personal involvement in prostitution, abuse of confidence or by deceit,-punishable by deprivation of liberty for up to five years or with a fine of up to eighty minimum monthly salary.
On the incitement of minors to engage in prostitution-punishable by deprivation of liberty for a period of up to six years. "
25. To supplement the code with 209.3 article as follows: "article 209.3. Sutenerism on the use of a person for the purpose of enrichment that deals with prostitution, punishable by deprivation of liberty for a period of up to four years, confiscating belongings or without confiscation of property. "
26. Replace article 217, first paragraph, the words "explosive substances" with the words "explosive substance or the components of the spridzinām".
27. Replace article 218 in the first paragraph, the words "or explosives" with the words "explosive substances or spridzinām the guards" and the words "for a period of up to five"-with the words "for a period of up to ten".
28. the express article 222.1 as follows: "article 222.1. The illicit manufacture of narcotic drugs or psychotropic substances authorised manufacture, acquisition, storage, transport, transfer or disposal of the implementation For the illicit manufacture of narcotic drugs or psychotropic substances, illegal acquisition, storage, transport or transfer for the purposes of implementation, as well as the exercise of illegal substances-punishable by deprivation of liberty for a period of up to ten years, confiscating belongings or without confiscation of property.
The same acts, if committed repeatedly or if its done by a group of persons by prior agreement or by a person who previously committed to the illicit manufacture of narcotic drugs or psychotropic substances or the abduction one of 222.4, 222.5, this code and under article 222.10 222.9 crimes – punishable by deprivation of liberty for a period of five to twelve years, confiscating belongings or without confiscation of property.
On the first or second part of the activities envisaged, where organised group or with narcotic or psychotropic substances, or large with particularly dangerous narcotic or psychotropic substances,-punishable by deprivation of liberty for a period from eight to fifteen years, confiscating belongings.
A person who voluntarily referred the narcotic drugs or psychotropic substances, is exempted from criminal liability for the purchase of these substances, as well as for their storage, transport or transfer. "
29. off 222.3 article.
30. Express article following 222.4:222.4 "article. The illicit manufacture of narcotic drugs or psychotropic substances or keeping the organisation focus On the illicit manufacture of narcotic drugs or psychotropic substances or the organisation inside the holding or transfer of premises for these purposes-punishable by deprivation of liberty for a period of up to ten years, confiscating property, or without the confiscation of property or taking away the right to communicate to the occupation for a period of two to five years or without it. "
31. the express article 222.5 as follows: "article 222.5. Incitement to use narcotic drugs or psychotropic substances For incitement to use narcotic drugs or psychotropic substances-punishable by deprivation of liberty for up to five years.

The same acts, if committed against two or more persons or against minors, long suffering or the person that is subject to State treatment or that the material or otherwise depending on the guilty, or if they committed the person earlier convicted for incitement to use narcotic drugs or psychotropic substances, or if the narcotic or psychotropic substances added to the substances which enhance their effectiveness,-punishable by deprivation of liberty for a period of up to eight years.
About the incitement to use narcotic drugs or psychotropic substances, if this use is caused by the human death or other serious consequences-punishment with imprisonment for a term of eight to fifteen years. "
32. Article 222.6 Express as follows: "article 222.6. The illicit manufacture of narcotic drugs or psychotropic substances authorised manufacture, acquisition, storage, transport or transfer without purpose, they realize For the illicit manufacture of narcotic drugs or psychotropic substances, illegal acquisition, storage, transport or transfer without purpose, they realize-punishable by deprivation of liberty for a period of up to three years or with a fine of up to thirty minimum monthly salary.
The same acts, if committed repeatedly or if its done by a group of persons by prior agreement or by a person who previously committed one of the 222.4 222.1, this code, 222.5, 222.9 and crimes provided for in article 222.10, or if committed by a particularly dangerous narcotic or psychotropic substances,-punishable by deprivation of liberty for up to five years or with a fine of up to fifty minimum monthly wages.
A person who voluntarily referred the narcotic drugs or psychotropic substances, is exempted from criminal liability for the purchase of these substances, as well as for their storage, transport or transfer. "
33. the express article following 222.7: "222.7 article. Manufacture of narcotic drugs or psychotropic substances (manufacture), purchasing, storage, carrying, transport or transfer of service, infringements of the provisions of the illicit manufacture of narcotic drugs or psychotropic substances (manufacture), purchasing, storage, carrying, transport or transfer of service, violations of the provisions-punishable by deprivation of liberty for a period of up to three years or with a fine of up to thirty minimum monthly salary, taking away the right to a certain activity for a period of up to three years or without it. "
34. the express article 222.8 as follows: "article 222.8. The illicit manufacture of narcotic drugs or psychotropic substances permitted acquisition or storage of small quantities or the illicit manufacture of narcotic drugs or psychotropic substances without a doctor's appointment for the illicit manufacture of narcotic drugs or psychotropic substances or deal to allow storage in small quantities without intention to exercise or to the illicit manufacture of narcotic drugs or psychotropic substances without a doctor's appointment has made repeatedly during the year-punishable by deprivation of liberty for a period of up to two years or with a fine of up to twenty minimum wages.
A person who voluntarily referred the narcotic drugs or psychotropic substances, is exempted from criminal liability for the purchase of these substances, as well as for their storage, transport or transfer.
A person who voluntarily referring the medical facility medical attention due to the illicit manufacture of narcotic drugs or psychotropic substances without medical purposes is exempted from criminal liability for the illicit manufacture of narcotic drugs or psychotropic substances without a doctor's appointment, as well as the unauthorized purchase of these substances, storage, transport or transfer. "
35. Express article 222.9 as follows: "article 222.9. Narcotic substances of plant sowing or cultivation is not allowed on narcotic substances of plant sowing or cultivation is not allowed, if committed repeatedly, during the year-punishable by deprivation of liberty for a period of up to three years or with a fine of up to thirty minimum monthly wages. "
36. To supplement the code with the following wording for article 222.10: "222.10 article. The illicit manufacture of narcotic drugs or psychotropic substances against the will of the persons entering For the illicit manufacture of narcotic drugs or psychotropic substances entering another person or other people adding them to food or drink to the person's will or without knowing it-punishable by deprivation of liberty for a period of up to eight years.
For the same activities, if the narcotic or psychotropic substances added to the substances which enhance their effectiveness,-punishable by deprivation of liberty for a period of up to ten years.
On the first or second part of the actions when committed against minors, using violence or threatening to use violence, or if they resulted in severe consequences, – punishable by deprivation of liberty for a period from eight to fifteen years. "
37. To supplement the code with the following wording for article 222.11: "222.11 article. The illicit manufacture of narcotic drugs or psychotropic substances permitted for use in the manufacture of equipment and substances (precursor) the manufacture, acquisition, storage, transport, transfer or disposal Of the illicit manufacture of narcotic drugs or psychotropic substances, unauthorized manufacture or manufacture of the facilities, equipment, objects, materials or substances (precursors) fabrication, possession, acquisition, transport or transfer-punishable by deprivation of liberty for a period of up to three years or with a fine of up to thirty minimum monthly salary.
The same acts, if committed with the intention of disposing the equipment, devices, objects, materials or substances (precursors), or for the illicit manufacture of narcotic drugs or psychotropic substances permitted for use in the manufacture of equipment, equipment, objects, materials or substances (precursors)-punishable by deprivation of liberty for a period of up to ten years, confiscating property, or without the confiscation of property or taking away the right to communicate to the occupation for a period of two to five years or without it. "
38. To supplement the code with the following wording for article 222.12: "222.12 article. The illicit manufacture of narcotic drugs or psychotropic substances authorised for issue of the recipes out narcotic drugs or psychotropic substances without a medical need for, as well as the narcotic drugs or psychotropic substances, knowing that the recipe is fictitious or illegally discharged if the following steps were made in the end, the greedy or other personal interest, or if committed repeatedly, during the year-punishable by deprivation of liberty for up to five years or with a fine of up to fifty minimum monthly wages in the by subtracting the right to communicate to the occupation for a period of up to five years or without it. "
Transitional provisions

1. Court and pre-trial investigation authorities in existing criminal proceedings for offences committed before the date of entry into force of the law and qualified by the Latvian Criminal Code, 161.7 161.4, 222.3 article, offences and 161.9 qualification left unedited.
2. Determine that the Latvian 222.1 of the criminal code and the second subparagraph of article 222.6 provided for in the second subparagraph of article crime cases recognized as repeated, even if the person committed the Criminal Code of Latvia 222.3 offences provided for in article before this article off from the code.
3. With the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 302 "amendment of the Criminal Code of Latvia (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1996, no. 19).
The law adopted by the Parliament in 1997 on 5 February.
The President g. Ulmanis in Riga on 25 February 1997, at