Amendments To The Cabinet Of Ministers Of 9 February 2010 No. 119 Of The Regulations "the Order In Which The National Probation Service Organized Criminal-Forced Labour-Run"

Original Language Title: Grozījumi Ministru kabineta 2010. gada 9. februāra noteikumos Nr. 119 "Kārtība, kādā Valsts probācijas dienests organizē kriminālsoda – piespiedu darbs – izpildi"

Read the untranslated law here: https://www.vestnesis.lv/op/2016/220.8


Cabinet of Ministers Regulations No. 717 2016 in Riga on 8 November (pr. No 60 28) amendments to the Cabinet of Ministers of 9 February 2010 No. 119 "in the terms of the order in which the national probation service organized criminal penalties – forced labor," Issued in accordance with the national probation service article 12 of the law to make Cabinet 9 February 2010 No. 119 "in the terms of the order in which the national probation service organized criminal-forced labour-run" (Latvian journal 2010, 25 no) the following amendments: 1. Replace the text, the word "Compose" (fold) with the words "prepare" (the fold) and the word "drawn" (fold) with the word "prepared" ( the fold). 2. Replace the text of the provisions, the word "arrest" by the words "temporary deprivation of liberty". 3. Make paragraph 5 by the following: "5. If the customer is not probation declared place of residence, forced performance provides the Department, which is located within the area of his residence." 4. To supplement the provisions under point 5.1 by the following: "5.1 service probation documents addressed to the customer declares in one of the following ways: 1. the probation issued 5.1 the client personally; 5.1 2. sent to probation or residence address of the client specified a correspondence address of receipt; 5.1 3. using electronic communication, if the customer a written Probation expressed the desire to receive the documents in the appropriate way. " 5. Make points 6 and 7 by the following: "6. The basis of probation, or his parents, or other legal representatives (hereinafter referred to as the agent) based application, performance may provide to other entities. 7. Information on the forced performance indicates the client in the case of probation, according to the laws that govern the customer's use of the probation, design, transfer, termination, renewal and storage procedures, as well as information to be included in the database and the inclusion and use of the information. " 6. Supplement with 7.1 and 7.2 of the following paragraph: "7.1 probation customer who comes in to apply for forced labor: 7.1 1. presented identity documents; 7.1 2. provide personal data processing; 3. correspondence 7.1 indicates receipt address, and other contact information. 7.2 When the customer arrived at the probation to apply forced labour enforcement officers (hereinafter officials): 7.2 1. verify client identity probation; 7.2 2. retrieves and processes the probation client personal data; 7.2 3. explains the forced labor conditions and procedure (hereinafter referred to as the forced labor conditions of execution). " 7. Make paragraph 8 by the following: ' 8. Probation customer with signature declares that he is aware of the forced labor conditions of performance and undertake forced labor during the execution of get yourself correspondence addressed to the above address. One forced labour shall issue a copy of the conditions of implementation of the probation, the second customer added to the customer's use of probation. " 8. Supplement with 8.1 and 8.2 points as follows: "If the customer is a probation 8.1 minor, with forced labor conditions of performance of their present presence. One forced labour shall issue a copy of the conditions of implementation of the probation, the second customer added probation client case. 8.2 If the probation unit has arrived in the customer together with the representative officer: 8.2 1. verify the identity of the representative; 2. acquire and process 8.2 representative data, including receipt of the correspondence address, and other contact information. " 9. Make paragraph 9 by the following: "9. The officers shall select the employer, given the necessary priority to local authorities, the criminal probation, education, skills, health and age, agree on the place and time of probation, the customer may come to the employer, and prepare for the forced assignments to working out at a particular employer (hereinafter referred to as the order). If the customer is a minor probation, prepare assignments in the presence of a representative. One copy shall be issued by the period of probation, the second client is added to the customer's use of the probation, the third issued by the employer. Probation client with a signature certifying that the assignment has been received. " 10. Add to paragraph 10.1., after the word "the" with the words "the name and phone number". 11. Add to subparagraph 10.7., after the word "person" with the words "and their number". 12. Add to paragraph 12.2., after the word "to arrive" by the words "and the address". 13. To supplement the 12.5. subparagraph after the word "number" with the words "and electronic mail (e-mail address)". 14. To supplement the provisions of this subparagraph with 12.8: "12.8. information that the Department will have to produce identity document." 15. Make the following paragraph 13: "13. If minor probation client has arrived to log in without a representative, the Department will continue to organise forced labour enforcement and probation issued summons to client department officials date specified, together with the representative. This provision in the invitation specifies the information referred to in paragraph 12. Official find the reason of absence of representatives. " 16. To supplement the rules by 13.1, 13.2 and 13.3 points by the following: "13.1 if the officer finds that the representative avoids arrived in Department or minor probation client family or child care institutions conditions adversely affect juvenile probation customer and interferes with the forced performance, the officer shall promptly, but not later than within three days in writing inform the municipal social services and family courts. 13.2 If the minor probation clients avoid forced performance, the officer may invite a representative to attend the negotiations Department. 13.3 the officer shall notify the representative all documents referred to in these provisions, which are communicated to the client for minor probation. " 17. To supplement the rules by 14.1 points as follows: "If the customer posting probation 14.1 shows fail to arrive at the employer, an officer shall issue a new assignment." 18. Make 16.2. subparagraph by the following: "16.2. schedule preparation date;". 19. Add to 16.10. subparagraph after the word "place" with the words "and address". 20. Make 21, 22 and 23 of the following paragraph: "21. Amendments carry out official work schedule, in agreement with the the employer and the probation clients, if forced labour is to be made, which is not listed on the schedule, but include the period for which it is prepared. Before the date the amendments to the work schedule for the work to be carried out, the employer, the officers and probation customer with signature certifying the work schedule. Schedule a amendments one copy shall be issued by the employer, another to probation, the third customer is added to the customer's use of the probation. 22. the amendments to the work schedule: 22.1. work schedule so that amendments made; 22.2. the work schedule the date of preparation of the amendment; 22.3. the employer's full name; 22.4. the employer's designated person responsible title, first name, last name, phone number, e-mail address; 22.5. probation customer's first name, last name, phone number, e-mail address; 22.6. the officer's name, phone number, e-mail address; 14.1. the amendment to the work schedule of the consultation date. 22.8. the dates on which the customer will conduct probation forced labour; 14.2. working time; 22.10. forced labour and the address of the place of execution; 22.11. the planned compulsory working hours. 23. the amendment to the schedule of work not performed, if the probation or the employer on the date when, in accordance with the work schedule of the probation clients should be subjected to forced labour, forced to change starting work or completion times. " 21. paragraph 24 be supplemented by the words "employer" with the words and figures "in accordance with the provisions of paragraph 9 and 10". 22. Delete paragraph 25, the words "or of the client's legal probation". 23. To supplement the provisions and paragraph 29.2 29.1 as follows: "taking control of 29.1 forced labor in the place of execution, the Officer prepares the test Act. Test Act: 29.1 1. date and time of the control; 29.1 2. probation customer name and contact information; 29.1 3. employer's name and contact information; 29.1 4. forced labour and the address of the place of execution; 29.1 5. date and time of probation clients must carry out forced labour in accordance with the work schedule; 29.1 6. Control findings. the Act of signature verification 29.2 probation officer customer and taking control. If the control time found that probation is not a client of forced labor in the place of execution, inspection shall be signed by the employer and the officer carrying out the control. " 24. Delete paragraph 30. 25. replace the words "in paragraph 32.1. the officer has not been informed of the reasons of absence" with the words "officials informed beforehand about not". 26. paragraph 33 be expressed as follows: "33. work schedule after the relevant date Officer prepares the control registry form. The officer and the employer shall register with the control on the form, certify that the probation period set by the customer are made by forced labor. One control registry a copy of the form add a probation case, another customer at the employer's request, issue an employer. "
27. Supplement 35. point after the words "probation" with the word "client agent". 28. Delete paragraph 36 and 38, the word "registered". 29. Express 40.6. subparagraph by the following: "40.6. If necessary, officers of the probation and at the customer to come to agree on the further implementation of the forced labour, its contact information, as well as the address and the time when the customer arrives at the probation." 30. Delete paragraph 41 and 42. 31. paragraph 43 be worded as follows: "43. If the probation after receiving the warning customers not to apply for forced labour or forced labour repeatedly breach the conditions under which was presented, and not informed of the reasons justifying the officer within 15 days of the submission of the Court to prepare for the replacement of forced labour by temporary deprivation of liberty. The application shall be accompanied by copies of the documents referred to in it. One copy of the application sent to the Court, the other is added to the customer's use of the probation. " 32. the title of chapter V be expressed as follows: "forced labour without V.". 33. Delete paragraph 46, the words "of the customer's statutory probation". 34. Add to paragraph 48, after the word "he" with the words "or" representative ". 35. in paragraph 49 deleted the words "probation statutory customer". 36. Express 50 as follows: ' 50. Probation Service submitted a written application with the request to allow time to perform forced labour where: 50.1. wants to leave the country; 50.2. the other important reason is not able to perform forced labour. " 37. To supplement the rules by 50.1 point as follows: "50.1 probation client can leave the country without the written consent of the service if: 50.1 1. probation clients have consistent work schedule and the dates on which the customer intends the probation to leave the country, forced labour need not be carried out; 2. probation client 50.1 primary is located in a foreign country or is associated with periodic stays in a foreign country, or educational institution where the customer gets probation in education, is located in a foreign country, and the customer has submitted the probation documents proving this fact. " 38. paragraph 51 be expressed as follows: "51. This provision, paragraph 50 of the probation application client or representative shall be submitted not later than 15 days before the date on which the temporary admission not to make forced labour. The application shall state: 51.1. the justification; 51.2. from a to date asking not to carry out forced labour; 51.3. the contact information. " 39. To complement the rules with 51.1, 51.2, 51.4, 51.5 and 51.6 51.3, point as follows: "51.1 or representative of Probation after officials request documents to verify this rule 51.1. the request referred to in paragraph justification. 51.2 officer 10 days after these regulations referred to in paragraph 50 of the receipt of the application look and adopt one of the following decisions: 1. allow 51.2 forced labour for a period not to; 51.2 2. not allow forced labour at the time. This rule 51.3 51.2 decision referred to in paragraph 1 shall specify: 1. the probation 51.3 name, surname, personal code, or messages that help to identify the person, if the person is not registered in the population register; 2. the departments and officers 51.3, which shall take a decision; 51.3 3. external legislation, part of it, in accordance with that decision. 51.4 51.2 points in those provisions of the decision shall be issued one copy to the customer that provision of the probation mentioned in paragraph 5.1, second is added to the customer's use of the probation. If the officer accepts this 51.5 rule 51.2 of the decision referred to in paragraph 1, in addition to this provision, the information referred to in paragraph 51.3 points: 51.5 1. period for which permission is given does not make forced labour; 51.5 2. activities that the customer must take probation forced performance. If the officer accepts this 51.6 rule 51.2 2. the decision referred to in addition to this rule 51.3 to information referred to in paragraph 1 specify the grounds for appeal and the time limit. " 40. paragraph 52 be deleted. 41. paragraph 53 be expressed as follows: "53. That rule 51.2 2. officials referred the decision to the customer or a representative of the probation can be challenged within 10 days from the date of notification of the decision by submitting a written application to the Department which made the decision, or Service Manager. If the customer or a representative of the probation application submitted to the Department, it immediately sends the Service Manager. " 42. To supplement the rules by 53.1, 53.2 and 53.3 point as follows: "Service Manager 53.1 10 days after these regulations referred to in paragraph 53 referral service looking it and adopt one of the following decisions: 1. to maintain the 53.1 officer's decision; 53.1 2. cancel the decision taken by the officials; 53.1 3. cancel the decision taken by the officials and allow forced labour for a period not to; 53.1 4. cancel the decision taken by the officials and does not allow forced labour at the time. This rule 53.2 53.1 decision referred to in paragraph 1 shall specify: 1. the probation 53.2 first name, last name, ID number or messages, which helps to identify the person, if the person is not registered in the population register; 53.2 2. contested decision and its content; 53.2 3. head of service of the decision, the external legislation, part of it, in accordance with that decision, and the reasons for the decision. 53.3 If Service Manager will adopt this rule 53.1 53.1.2 or 3 a decision referred to in addition to this rule 53.2 the information referred to in point 1 and the rules of 51.5 51.5 information referred to in point 2. " 43. the express 54. paragraph by the following: "54. If there's a court ruling or the Prosecutor's statement as punishment execute barred, the officer shall draw up a notice of the limitation. One copy of the notice sent to the Court or the Prosecutor's Office, the probation is added to the customer's Affairs. " 44. paragraphs 56 to express the following: 56. "officer within three days after the Court ruling or the Prosecutor's statement on penalty execution shall draw up a notice of forced labour. One copy of the notice sent to the Court or the Prosecutor's Office, the other is added to the customer's use of the probation and probation at the request of the customer a copy of the probation or dispatched to the customer shall be issued. ' 45. To supplement the provisions of chapter VII1 as follows: "VII1. Other forced labour organisation of enforcement issues Where forced labour 57.1 is applied with a custodial sentence and a person suitable for forced labour, is released from prison authorities after full-term custodial sentence of penal, penitentiary institution shall inform the person who is suitable for forced labour, that the criminal law governing the prescribed period after the release of the penitentiary institutions must enroll in the Department according to a selected place of residence to start a soda-forced labor-enforcement. A person suitable for forced labour, of the information referred to acknowledgement of receipt with a signature the notice of fines laid down in the judgment of the Court-forced labor-(annex). 57.2 custodial authority no later than 15 days before the person who applied for the job, forced the release of the custodial authorities a full custodial sentence or term of the punishment on the working day following the amnesty or pardon acts, or immediately if the person sentenced to short-term imprisonment, sent to the entity this provision of the notice referred to in paragraph 57.1, signed by a person with suitable for forced labor. " 46. To complement the provisions of the annex as follows: "Cabinet of Ministers 2010 February 9, Regulation No. 119 notice of penalties laid down in the judgment of the Court-forced labour-run for you, ID number, (the name convicted (dative)) with the (name of court) in (date) in the criminal judgment No.   fixed penalty (criminal) imprisonment (years, months) and forced labour (forced labour hours) a custodial sentence due (date) in your place of residence after release from prison will be (residence address) informed that after his release from prison with you (date in accordance with the law governing the execution of criminal penalties) must enroll in the national probation service's territorial unit (name, address, telephone) in accordance with article 40 of the criminal law, third subparagraph If the person sentenced to forced labor, abuse avoid parole, the Court does not served the penalty shall be replaced by the temporary imprisonment, four working hours calculated as one day of temporary imprisonment.
In a statement presented to (name of a prison officer's first name, last name, signature, date) with the notice, so I got the essence is understandable (convicted in first name, last name, signature, date) a legal representative in a statement presented to the (Officer's first name, last name, signature, date) "Prime Minister Māris kučinskis amber Rasnač Minister of Justice in the