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On The Educative Nature Coercive Measures To Minors

Original Language Title: Par audzinoša rakstura piespiedu līdzekļu piemērošanu nepilngadīgajiem

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Law of the Republic of Latvia to the empowering nature of the coercive measures applied to minors of chapter I. General provisions article 1. Educative in nature are the feature of coercive detention which apply in criminal law for minors for dangerous public acts.
2. article. Empowering nature of coercive measures may be applied to minors between the ages of 11 to 18.
3. article. Educative nature coercive measures in criminal cases in district (municipal) Court, but terminated the test material or criminal, which sent to court the educative nature coercive measures, — the sole judge.
CHAPTER II. Empowering NATURE of forced features article 4. Minors who have committed offences provided for in the criminal code, may be subject to such educative nature coercive measures: 1) warn;
2 to the minors) reached 15 years of age, be obliged to pay damages, if the minor himself earning and loss amount does not exceed half of the Government's minimum monthly wage;
3 to the minors) reached 15 years of age, be obliged with his work to eliminate the consequences of the damage caused;
4) guarantees in minors to put parents or persons who will replace them, as well as other persons or organizations;
5) Insert training of minors and re-education institution.
5. article. Applying the empowering nature of coercive measures, account should be taken of the public danger of the offence, the nature and the motives of the causes, the minor's age and life circumstance, their degree of participation by the public in dangerous offence, as well as his behavior in school, work and home.
CHAPTER III. Training and re-education authorities article 6. Training and re-education institutions are aware of and the Ministry of education work in accordance with its approved Charter.
7. article. Training and re-education institutions can place on time from one year to three years, but no longer than up to adulthood.
8. article. Training and re-education institutions; If necessary, you must provide the juvenile treatment from alcoholism, drug addiction, toksikomānij and other diseases.
9. article. On the minor maintenance training and re-education institutions of the parents charge taken in the Council of Ministers.
10. article. A decision on the duration of the minor's training and re-education institution accepts the Court or a judge sitting alone.
After training and re-education of the Authority's proposal, the judge at the location of this authority may take a decision on the reduction of the length of stay or extension of this law, the time limit laid down in article 7.
11. article. Not later than three months before the minor left training and re-education authority, this authority shall notify the Director of child protection officer after the minor's place of residence. The Inspector together with the minor's parents or the person who will replace them, to provide for the minor work placements or sent to educational establishments, as well as for him the necessary material and conditions of household appliances.
CHAPTER IV. PUBLIC inspection of dangerous offence in article 12. Facts about the public of minors to dangerous offences checked the coroner or inquest perpetrator of criminal law.
13. article. Investigators and inquiries must be used in the famous perpetrators of criminal statutory tool to a comprehensive, complete and objective see all public offence dangerous conditions.
14. article. The test material and criminal cases, which are being prepared for shipment to the empowering nature of the courts coercive measures must include the following documents: 1) statement of the minor before the public to dangerous offences;
2) medical opinion on the minor's State of health;
3) educational institutions or jobs in the specification;
4) inquire about minor household conditions.
15. article. The decision on refusal to institute criminal proceedings and the decision on the termination of criminal proceedings in connection with the transmission of the material on educative nature of application of coercive measures for minors are approved by the district, city, City District Prosecutor or by the regional prosecutor who test materials or terminated the criminal proceedings shall forward to the district (municipal) Court.
CHAPTER V. Test materials the criminal PROCEEDINGS TERMINATED Watt Court article 16. Test materials or end in criminal cases (cases) that are sent to court the educative nature coercive measures for the minors, the sole judge in the order provided for in this chapter.
Article 17. Things about the empowering nature of the coercive measures to be considered by the judge to 15 days.
18. article. A court hearing is required to participate to the minor, his parents or the persons who will replace them, the child protection officer, a lawyer who defends the interests of the minor, and the Prosecutor. Them to the hearing has the right to see the file on the empowering nature of the application of coercive measures for minors, to sign up, as well as submit requests for additions.
19. article. The judge, following the laws of the order have the right to fully or partially exempt the minor and his parents or the person who replaces him, from the payment of legal aid.
20. article. At the hearing the judge may invite any persons that may provide information on the juvenile and his dangerous offence the public to listen to their explanations.
21. article. Things about the empowering nature of the application of coercive measures of a minor appearance in the closed hearing.
22. article. After all the circumstances, the judge shall adopt one of the following decisions: 1) apply one of this statutory empowering nature of forced features;
2 send the materials back) examination or cognitive authority additional checks for the purpose;
3) to close the case on the empowering nature of the application of coercive measures.
23. article. On the judge's decision, which has not become final, the Prosecutor may file a protest, but the rest of the article 18 of this law, the persons concerned may appeal against that decision to the criminal law.
The Republic of Latvia Supreme Council Chairman a. GORBUNOV of the Republic of Latvia Supreme Council Secretary i. DAUDIŠ 1993 in Riga on June 1.