Amendments To The Latvian Code The Correction Work

Original Language Title: Grozījumi Latvijas Labošanas darbu kodeksā

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The Saeima has adopted and the President promulgated the following laws: the amendments to the Latvian Code of repair work to do repair work code of Latvia the following amendments: 1. Express repair work code of Latvia's name as follows: «the Penal Procedure Code of Latvia ".
2. Replace the name, sadaj 1 1.-name, distinguished article 1 name and first dajā, the title of article 2 the words «repair legislation», «repair» the laws by the words «penalty enforcement law», «penal execution law».
3. Replace the first 2 da | article 4 and the words «repair tool», «repair tools» by words «resocializācij», «resocializācij of measures measures».
4. To turn off, in article 2, 2. sad | name, 2 axle Department name, title of article 5, article 9, and in the name of the first subparagraph of article 10 on the first da words respectively «á | and repair without custodial», «and repair works without custodial», «and repair works without imprisonment».
5. To turn off, the title of article 5, article 7, article 10, first paragraph, the words «and», «the organs and organ».
6. To make the first part of article 5 in the following wording: «judicial judgment on deprivation of liberty, resettlement and exiles met Interior Ministry authorities.»
7. Replace article 5, second and third subparagraphs, of Chapter 3, the title of the fifth subparagraph of article 15, article 20, first paragraph of article 41 in the fourth, fifth, seventh and eighth, the title of the article, 25.5 in the first and second subparagraphs, article 42 in title and text of article 43 and the sixth in the second part, article 45 in the first and third subparagraphs, article 47 in the fifth subparagraph of article 29.3, the third and fourth part 48. in article 51, article the first, second, fourth and fifth paragraphs, the first subparagraph of article 52, article 54 in the first part of the first paragraph of article 55 of the last sentence in the first subparagraph of article 58, in the second paragraph of article 59, article 60, first paragraph of article 62 in the first and third paragraphs of article 64, the first and third subparagraphs, the first subparagraph of article 65, 66 in the title of the article and in the first part, article 68, first paragraph 72. in article 76, article 77 of the first paragraph, in the third paragraph of article 82, the fifth subparagraph of article 87, in the fifth paragraph of article, article 112 second, third, fourth and fifth subparagraphs, article 118 of the third paragraph of article 119, ctturt and fifth paragraphs the words «repair work» with the words «prison».
8. Turn off the third subparagraph of article 6.
9. Replace article 6, in the second paragraph of article 54, second paragraph, in article 67, the fifth paragraph of article 77, article 118 of the third paragraph, the words «Council» (the fold) with the words «cabinet» (the fold).
10. Article 9: turn off in the first paragraph, the words «of» the citizens of the Republic of Latvia;
to turn off the second part.
11. Make 11. parīt, the first paragraph by the following: «all the action the Ministry of the Interior, a custodial punishment, resettlement and exiles, based on strict compliance with the law. The officials responsible for law enforcement. "
12. in article 12: turn off in the first paragraph, the words «in accordance with the laws of the Republic of Latvia On the Prosecutor's supervision of the «Republic of Latvia»»;
make the second paragraph by the following: «the penitentiary administration should run the Prosecutor's decisions and proposals on penal procedure legislation penal rules.»
13. Article 13 be expressed as follows: «article 13. Penitentiary type of custodial sentence executed in closed prison, partly closed prison open prison, correctional institutions, as well as minors. Penitentiary institution can organize both closed and partially closed and open sections of the prison.
Inmates custodial sentence may also endure prison investigation isolated sections of prisons and investigating economic crew.
Underage persons sentenced to deprivation of liberty, the sentence being served in the closed prison, partially closed prisons or open prison, as well as the prison investigation isolated sections of prisons and investigating economic crew, but male minor — correctional institutions for minors, female minors persons — women's prisons in individual chapters, arranged as a correctional institutions for minors. "
14. off 14.
15. Express article 15 the second subparagraph by the following;
«Convicted — in accordance with the judgment of imprisonment specified in the Authority's way — 112 penal of custodial institutions by the Ministry of the Interior of the Prison Administration assignment.»
16. Replace the third subparagraph of article 15, article 16, in the name of the first and second dajā, and in the title of article 20, first paragraph, the words «investigation isolator or prison» (the fold) with the words «of» the prison investigation (the fold).
17. Replace 16. parīt, first paragraph, the words «repair work or educational activity in the colony» with the words «custodial institution».
18. the express article 17 as follows: «article 17. Convicted of leaving prisons operating crew work, persons sentenced to deprivation of liberty, with their consent can leave the investigation prisons operating crew work, except the people who endure the punishment in closed prisons.
People who leave prisons, economic investigation of the crew work, the partially closed prison regime.»
19. the express article 18 as follows: «article 18. Convicted of keeping the separate custodial institutions divorced custodial places there men and women as well as minors and adults. Separately there with those convicted, whose personal qualities and criminal experience negatively affected other convicted or who resist and use the other.
People in the previous detention, should be kept separate from convicts except when they agree to common deployment or involvement in joint activities, with the consent of the investigating authority or the court action is arrested.
The requirements laid down in this article is about a convicted possession do not apply to the penitentiary hospital. The people treated in this hospital, there's a type of regime, what these people down. "
20. off article 19.
21. off 21.
22. Turn off the 4, 5 and 6.
23. Make 41. the third paragraph of article by the following: «convicted all types of prisons and correctional institutions for minors, as well as a women's prison in separate chapters, arranged as a correctional institutions for minors, deployed in closed rooms or chambers to sleep on time, but closed in prisons, with the work and training activities free time.»
24. Replace article 41.1 of the third Division, in the first paragraph of article 29.3, the first subparagraph of article 77 and article 80, first paragraph, the words «repair» with the word colony «prison».
25. replace article 43 in the second, fourth and fifth paragraphs the words «prison» with the words «prison».
26. Turn off the words «Article 44 above amounts prescribed by this code 23.25, 26, 32, 33, and 37 in the article».
27. in article 45: replace the first part of the word «» with the word «four two» and the words «three 24-hour States» with the words «thirty-six hours ';
to turn off the second trailer; consider the third part of the second part.
28. Turn off article 45.1 46.1 article 29 Express as follows: «article 46.1. Arrested and convicted the spiritual care of custodial institutions there is a chaplain service. Chaplain services is the Ministry of the Interior of the Prison Administration, but the appointment of a chaplain is coordinated with the Ministry of Justice Public Affairs Department of the Religious Affairs Department.
Religious, charity and charitable associations are allowed to custodial facilities to make moral upbringing.
Convicted allowed to participate in those activities in the presence of a representative of the administration.
Arrested and convicted are allowed religious moral education purposes no more than once a month to meet with clergy alone.
The arrangements are meeting with clergy and participation in moral education, established the penitentiary of the internal rules, "30. in article 47: make the first paragraph by the following: «convicts in prisons, allowed to receive up to eight parcels or contributions a year. One post or contribute to the gross weight may not exceed eight kilograms.»;
turn off the second, third and fourth;
consider the current fifth da u for the second part of the |.
31. Replace article 29.3, in the first paragraph of article 52 in the fourth paragraph of article 55, the second and third subparagraphs, article 77 of the first da | Oh, 80, in the second paragraph of article 112 article 117 sixth da | a, in the second part of the article the words «upbringing work colony "(the fold) with the words «correctional institution for minors" (fold).
32. Replace article 48, the words «repair work to resettle refugees in the colonies you» with the words «in open prisons».
33. in article 49: make the first da | u as follows: «convicted allowed to send and receive letters without number-limit. ';
to turn off the second subparagraph;

consider the current third and fourth respectively second and third.
34. To complement the chapter 7 with 50.1, 50.3, 50.4, 50.2.50.5, 50.7 and 50.6, the following wording for article 50.8:50.1 article. Progressive implementation of the fine penalty advanced execution based on the differentiation of each convicted of custodial authorities sort and mode, as well as convicted movement from one type to another type of prison prison, taking into account the part of the fine, been convicted in the crime, the nature of the earlier convictions, attitudes toward other convicts and prison staff. Its purpose is to make the execution mode of conformity in behaviour and convicted of resocializācij degree, provide the execution as well as optimum integration into life after release.
Advanced execution of the fine system is exposed to all inmates in closed prisons, and partially closed prisons, in which the sentenced penalty exceeds one year. Convicts who are sentenced to imprisonment for a period of up to one year, apply to the appropriate prison kind of grade mode.
50.2 article. Execution plan month after insertion in prison or sentenced correctional institution for minors convicted to be assessed the personality, his public hazard, resociālizācij possibilities and according to the information obtained should form the sentenced penalty enforcement action plan providing for measures throughout the execution.
50.3 article. Execution mode setting execution mode in a closed prison, partly closed and open prisons in prisons determines this code, which provides: 1) the execution mode of the progressive relaxation, to promote resociālizacij and convicted into life after parole;
2) execution mode hardening.
Convicted with his written consent, if he is not punished and disciplinary action if it contributes to the integration of his life after release, once served a penalty not less than half the time, you can move from a closed prison to the highest degree the regime partially closed prisons average mode, but once served not less than two-thirds of the fine weather, partly closed prison, from the highest grade on the open regime prison.
Those convicted to imprisonment for life (life imprisonment) and the persons who replaced the death penalty with deprivation of liberty, to be served in the closed prison for not less than ten years. These persons in the closed prison some response in the | to be served not less than five years from the date of placing this institution.
A separate disciplinary breach or gross and systematic breaches of discipline for which the convicted in accordance with the procedure laid down in this Code apply to disciplinary penalties, him with the custodial authorities decision of the Administrative Commission may move from the open prison to a closed prison in part the lower mode, but from a closed prison to a closed prison, the lowest mode.
In determining the sentence mode power limits, they favour the previous detention.
50.4 article. Execution mode in a closed prison in Closed prisons start sentence persons who replaced the death penalty with deprivation of liberty, persons sentenced to deprivation of liberty for life (life imprisonment), and persons who have committed serious crimes, except minors and women.
In closed prisons have been convicted of security enhanced and monitoring.
Inmates serving sentences three degrees — the lowest mode, middle and upper.
Inmates initiated penal regime below grade, and at that stage to be served not less than one-fourth of the sentence, the penalty of not less than one quarter of the average grade of the regime — but the remaining part of the fine — the highest grade mode. From the highest grade of treatment them with custodial authority Administrative Commission decision subsequent to the sentence can be transferred to the partially closed prisons or law before the term of the limited release.
The fourth paragraph of this article shall not apply to those convicted to imprisonment for life (life imprisonment) and the persons who replaced the death penalty with deprivation of liberty. These parties closed prison below grade to endure hours of not less than five years, the average mode of not less than ten years from the beginning of the sentence.
The convicted to imprisonment for life (life imprisonment) and the person who replaced the death penalty with deprivation of liberty, in a separate prison units deployed to reinforce security, avoiding contact with other prisoners. Convicted that sentence in a closed prison at the lowest mode, you can deploy the savrupkamer for a period of up to six months.
Convicted in closed prisons have the right to: 1) highest grade: a) mode to use six long and six short meeting per year;
(b)) to receive six contributions or mailings a year;
(c)) use the full amount of money that certain convicted in closed prisons;
2) average grade: a) mode use four long and five short meeting per year;
(b)) get four contributions or mailings a year;
(c)) use 75 percent of Rio in the amount of money that can be used to sentence convicts in higher grade mode;
3) lowest grade: a) mode to use three long and three short meeting per year;
(b)) get three shipments per year or contributions;
(c)) use 50 percent of the amount of money, "says those convicted by the amount of that sentence in higher grade mode.
50.5 article. Execution mode partially closed prisons in part in closed prisons start sentence minors convicted men for intentional crimes which are not heavy and convicted women (except in the cases provided for in article 50.6).
Partially closed prisons are convicted in the guard and constant monitoring.
Inmates serving sentences three degrees — the lowest mode, middle and upper.
After inserting the jail sentenced to not less than one-fifth of the sentenced penalty time to suffer the lowest mode, not less than one-fifth of the average grade mode — the remainder part of the fine — the highest grade mode. That sentence convicted the highest mode, you can with the custodial authorities decision of the Administrative Commission shall be transferred to the open prison prescribed by law or the relatively early release.
Inmates who are on a partially closed prisons transferred from a closed prison, the sentence in the medium mode.
Convicted in closed prisons is partly right: 1) highest grade: a) mode to use eight long and eight temporary rendezvous a year;
(b)) to get eight contributions or mailings a year;
(c)) use the full amount of money that, in accordance with article 43 of this code certain convicted in some front closed jails |;
(d)) with the permission of the warden and the Prosecutor's sanction to be convicted at aut temporarily leave | outside the prison area to seven 24-hour annual. Time when the convict was outside the territory, including the prison sentence;
2 average grade mode},: a) use six long and six short meeting per year;
(b)) to receive six contributions or mailings a year;
(c)) use 75 percent of the amount of money that can be used to sentence convicts in higher grade mode;
3) lowest grade: a) mode use four long and four short meeting per year;
(b)) get four contributions or mailings a year;
(c)) use 50 percent of the amount of money, "says those convicted by the amount of that sentence in higher grade mode.
50.6 article. Execution mode in open prisons in open prisons, parole is initiated by the person who committed the crime of negligence and intentional crime the first time convicted with imprisonment up to one year.
In one open prison holds convicted men and women.
The open prison for residential and commercial spaces can be delimited with a fence without external guarding, but convicted the watch. With the permission of the administration of the prison inmates can move without surveillance outside the prison territory.
If the convict is not disciplinary punished in the last 30 days, with the permission of the warden once a month he can leave outside the prison territory for a period of not more than two a day, but the holidays — up to five a day.
Convicted in open prisons in execution mode determines the degree.
50.7 article. Execution mode for education institutions, correctional institutions for minors minors a custodial sentence for the launch of male minors sentenced.
Female minor's Penal launches women's prison in separate chapters, which are arranged according to the requirements of the correctional institutions jzvirzīt minors. To those persons subject to all the provisions provided for in this article.
Convicted minors who have reached eighteen years of age, with the custodial authorities decision of the Administrative Commission may move to the custodial authorities convicted minors.

To strengthen resocializācij results and give you a chance to get a general education or vocational training, the convicted who have reached eighteen years of age, with the custodial authorities decision of the Administrative Commission of the education authority may leave minor penalty iīdz the end of the term, but not longer than until the twenty one year old.
The convicts who have reached eighteen years of age and under the third paragraph of this article left upbringing institution for minors, convicted minors apply a certain mode, terms of employment, food, material and domestic conditions. Convicted minors and not pilngadīgaj of notiesātaj execution mode determines the degree.
They have the right to: 1) use twelve temporary rendezvous a year;
2) receive twelve contributions or mailings a year;
3) used for the amount of money specified in the sixth part of this article in the Charter;
4) with the permission of the authorities and the Chief Prosecutor's sanction to use outside the territory of the authority up to ten countries per year, as well as 24-hour leave the institutions to five 24-hour States due to the close relatives of the death or serious illness that threatens the life of the sick. Time when the convict was outside the institutions, including the sentence;
5) receive free of charge certain types of clothing, linen and footwear, as well as nutrition.
The learning process in educational institutions for minors is approximated by regular school requirements, and it regulates the Statute approved by the Minister for the Interior, which agreed with the Attorney General, as well as the Minister of education and science.
50.8 article. Penitentiary of the Administrative Commission in each penitentiary establishment and investigation of the prison with the Interior Minister's order establishing the penitentiary institutions of the Administrative Commission.
The penitentiary authorities Chairman of the Administrative Commission is The authorities, members of the Commission is the institution that the State, local government and community representatives. The meetings of the Commission required to participate the Prosecutor, they may participate with a lawyer.
Penitentiary to the Interior Minister of the Administrative Commission in accordance with the procedure laid down in decisions on the execution mode softening or hardening of a convicted one kind of prison and transferred from the closed prisons convicted to partially closed prisons, from partially closed prisons to open prisons, from open prisons to partially closed prisons and partially closed prisons from the closed prisons, and submit proposals to the Court on conditional release convicted before the deadline.
Of custodial institutions decisions of the Administrative Commission may submit a protest or appeal to the Court.
Complaints or protests on custodial authorities examine the decisions of the Administrative Commission of the district (City) courts by prison authorities, the location of the Latvian Criminal Procedure Code, art. 374.»
35. Article 51 off the first part of the third sentence and article sixth.
36. off 52. in the first paragraph of article 55, the first, third and sixth, respectively, in part, the words «repair», «the colonies and colonies or repair work».
37. in article 55: turn off the fourth part;
consider the current sixth for the fourth part, 38. Express article 58 the second subparagraph by the following: «the correctional institutions for minors of custodial institutions Administrative Commission decide also methodological and other parenting issues not provided for in this code, in article 50.8 but definitely this Charter institutions.»
39. Article 61 of the expression as follows: «article 61. The Council Closed in convicted, partially closed and open prisons creates a convict.
Closed and partially closed prisons in which inmates serving sentences in lower mode, degrees, convicted of the Council is not elected and not participating in its work.
Convicted by the Council convicted general meetings or meetings of their representatives. The Council confirmed the sentenced prison Chief.
Convicted on its work, the Council regularly reports sentenced meetings. Decisions taken by the Council convicted shall be approved by the warden. "
40. off the second part of article 66.
41. in article 68: off the first part of paragraph 10 and II., and the second part;
consider the current fourth da u for the second part of the |.
42. Article 69 of the turn.
43. Article 70 of the expression as follows: «article 70. Punishment beating which deprived of freedom On parole violation of arrangements those convicted such penalties may be imposed: 1) warn;
2) rebuke;
3) prohibit for a period of up to one month to buy food;
4) prohibit the routine contributions or consignment;
5) prohibit the current meeting;
6) convicted, sentences served in prisons, put the penalty isolator for up to fifteen 24-hour;
7) convicted, sentences served in correctional institutions for minors, insert the insulator in the disciplinary and ten 24-hour.
Women who are in prison with infants and pregnant women must not insert the penalty isolator.»
44. Article 71: turn off the second, seventh, eighth and tenth da | u; consider the third, fourth, fifth and ninth respectively for the second part, third, fourth and fifth da | 45. off u. 73. article.
46. Turn in the second paragraph of article 74 the words «they cancel enhanced destined apstak | s in this code, in article 23, article 25, fifth paragraph, article 26 and 32 of the fourth part of the third paragraph of article:».
47. Replace article 80 of the same name in the first da | colonies» with the word ««prison».
48. Add to article 81, first paragraph after the words «for crimes against the Republic» with the words «the convicted to imprisonment for life "and after the words «police (militia) personnel» with the words «national security officials, the soldier».
49. Replace article 80 the second da], the first subparagraph of article 81, article 82 the first, second, third and fifth and sixth dajā of article 112 of the word «colonies» with the words «custodial institutions».
50. Article 83 of the turn.
51. Article 84 is replaced in the fifth subparagraph, the words «Prisons Department» with the words «prison administration».
52. To supplement the code with 84.1 and 52.3 article as follows: «article 84.1. Cognitive authority, the Ministry of the Interior of the prison administration Chief, penitentiary and prison bosses of bosses in criminal offences committed by detainees or inmates of these institutions, the territory is a cognitive authority until you started this person kriminalvajāšan.
Article 52.3. Operational activities of the Prison Administration of the Ministry of the Interior, penitentiary institutions and prisons are operational entities of the bosses have operational legal operational authority driving. These operational entities prohibited outside the penitentiary authorities and investigative prisons take the operational measures in particular.»
53. To replace the third paragraph of article 85 and article 88 sixth da | words «Deputy á» with the words «State Secretary of the Ministry of the Interior, the Deputy Chief of administration, prison».
54. To replace the second paragraph of article 88 and article 97, second paragraph, the words «district (town) people's Deputy Council Executive Committee, part of the Interior "(the fold) with the words «local police» (the fold).
55. Replace article 89 third, fourth and fifth subparagraphs, article 97 fifth da | article 119, the first, second and fourth da words «local | a people's Deputy of the Soviet Executive Committee» (the fold) with the words «Municipal Council (Council)» (the fold).
56. To replace the sixth paragraph of article 112, second paragraph of article 117 and 119 in the third subparagraph of article names «juvenile affairs» with the words «municipal councils (Soviets) the authorities concerned».
57. To replace the first subparagraph of article 115, the words «the authority that controls the execution of, together with the Criminal Code contains articles that the authorities and public organizations» with the words «custodial institutions Administrative Commission». 58. Article 116: turn off the fourth and fifth;
turn off the sixth paragraph, the words «fourth and fifth»;
consider the current sixth for the fourth part.
59. To replace the fourth subparagraph of article 119, the words «monitoring Commission» with the words «custodial institutions Administrative Commission».
60. Article 120 excluded.
61. Express article 121 of this editorial text: «relatively early from parole released person monitoring organized and conducted the Municipal Council (the Council) to the appropriate authorities.
If the person under the Act may provide administrative oversight, is harmful to society in a way of life, the local Government Council (the Council) the institutions concerned may propose to the police authorities the question of the determination of the administrative supervision of that person. "
62. Article 122 of the expression as follows:

«The Person conditionally released before the term of parole, should be strictly adhered to the law, municipal regulations and honest work. After the local Government Council (the Council) the authority relatively early release must provide an overview of your behavior, work and learning.»
63. Article 123: turn off in the first paragraph, the words «or conditional, mandatory involvement of work» and «words or, when they are involved in the work of the mandatory "; make the second paragraph by the following: «other administrative surveillance detection and determination of the administrative supervision of the basic legislative acts. Administrative supervision of the implementation of the agenda determined by the Interior Minister. "
23. Chapter 64. off.
Transitional provisions 1 through 5 January 1995 to create Latvian penal procedure code in article 50.8 in the penitentiary of the Administrative Commission.
2. Inmates who are serving sentences in General, and particularly strict regime penitentiary work colonies and prisons until 1996 31 December according to the Penal Procedure Code of Latvia's article the closed 50 deployable, partially closed and open prisons. To convict deployment in closed, partially closed and open prisons of Latvia relating to them repair work the requirements of the code, which was in force before the adoption of this law.
The law shall enter into force on the day of its promulgation.
The law passed by the Parliament of 15 December 1994.
Country President Ulmanis in Riga, 1994 December 30.

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