In Addition, Police Control-Implementation Modalities

Original Language Title: Papildsoda – policijas kontrole – īstenošanas kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/177574

Cabinet of Ministers Regulations No. 479 in Riga, 30 June 2008 (pr. No 44 34) police Addition-control-implementing rules issued in accordance with the Latvian penal procedure code 124. the second paragraph of article i. General questions 1. determines the order in which the national police are pursuing the person with judgment of the additional penalty imposed, police control (hereinafter referred to as the police control). 2. the Penal Procedure Code of Latvia, the limit set in the monitoring of the person sentenced by a court in a police control (hereinafter referred to as the controlled person), the national police, the territorial unit whose administrative territory controlled in the residence of the person. 3. If the controlled person refused to sign to acknowledge those rules met the statement or decision on police control restrictions, the officer shall certify such a waiver with your signature. 4. the movement of documents between institutions in these provisions is happening on legislation document (including electronic documents), presentation preparation, storage and circulation of State and local authorities. II. Police control organizing 5. Custodial authority not later than seven months prior to the release of controlled person from a custodial institution (or immediately, if the controlled person after the entry into force of the judgment is not served a custodial sentence the time is shorter than six months): 5.1. inform the territorial unit of the national police, whose administrative territory the controlled person is chosen for the personal residence of the release and the selected place of residence;
5.2. request to examine the possibility of controlled persons live in her choice of residence. 6. The national police, the territorial unit within two weeks after receipt of the request from the custodial institution (or immediately, if the controlled person after the entry into force of the judgment is not served a custodial sentence the time is shorter than six months) check the possibility of controlled person to live her chosen home and informed in writing of the outcome of the custodial institution. 7. If this provision of the information referred to in paragraph 6, that the controlled person cannot live her chosen home, the custodial authority within three working days (or immediately, if the controlled person after the entry into force of the judgment is not served a custodial sentence the time is shorter than six months) sends the people controlled the last declared place of residence the municipality or, in the absence – the last permanent place of residence the municipality notice of the person concerned, release date and request to provide assistance to a living space. 8. If this provision of the information referred to in paragraph 6, that the controlled person is likely to live in her home, selected a custodial institution shall inform the person to be controlled that three working days after the release of the custodial authorities must come to register in the relevant territorial unit of the national police. The controlled party information acknowledgement of receipt with a signature in the notification form (hereinafter referred to as the notice) (annex). 9. Controlled a person released from parole due to amnesty or pardon, the chosen place of residence specified in the notice. 10. the custodial authority no later than 15 working days before the release of controlled person from a custodial institution (or not later than the working day following the adoption of the relevant court order or amnesty or pardon act, if the controlled person released from parole in connection with a conditional early release, amnesty or pardon) sent to the State police territorial unit: 10.1 notice signed by the person controlled;
10.2. a copy of the Court judgment on the establishment of police controls;
10.3. the message that describe the controlled person and the person's behavior in a custodial institution. 11. further to paragraph 10 of these rules mentioned in the documents, State police head of a territorial unit shall designate the officials responsible, which will organise the police control (hereinafter referred to as the officer). 12. the first meeting with the controlled person, the responsible officer shall draw up a draft decision on police control restrictions by setting certain limits and their content. Decision approving the national police chiefs of territorial divisions. 13. If the controlled person while also monitoring the national probation service officer before the police control restrictions contact the relevant State probation officers to the controlled person identifiable police control limits and their contents consistent with surveillance measures. 14. the officer presents the person with control decision for police control restrictions and explains the police control of compliance with the order and control the rights and obligations of the person. Kon trolējam person to certify that the above information had first met. 15. If the controlled person simultaneously carrying out the monitoring of the national probation service, not of the person served in controlled fine part time officer for effective enforcement of criminal sanctions shall cooperate with the national probation service officers of territorial units. 16. If the controlled person after release from penitentiary authorities without justification, fails to register with the State police territorial unit, it's considered a police control. 17. the competent authority shall organise the controlled person limit control, involving compliance with other State police officials. III. Limit order 18. person to whom the Controlled limited – prohibition to leave residence within a certain time of the day, have a duty to prevent possible barriers that may hinder the police officials to access the residence time laid down in the decision of the police control restrictions. Any control person's intentional act or omission that prevents police officers to ensure the controlled persons being in the residence, considered the police control. 19. If the person to whom the controlled limited-ban to stay in certain public places, noting police control provisions, its action did not threaten public safety and not conducive to a new criminal offence, the State police territorial unit controlled by the application of the person may be issued a written permission on a specific day and time to stay in a particular public place for decision on police control restrictions. 20. the written submission with a request to allow a specific day and time to stay in one of the police control restrictions to those public places in the controlled person makes the territorial unit of the national police in 10 working days before the planned stay. The application shall state: 20.1. public location where the controlled person wishes to reside;
20.2. the purpose of stay, day and time. 21. the person to whom the Controlled limited – prohibition to leave the specific administrative area without police permission, the national police, the territorial Department under the control of the person, the application can issue a written permission to leave administrative area for a period of up to 15 States year. day Permission not granted, if the person has not complied with the provisions of the police control, the issue of the threat to public safety or can contribute to a new criminal offence. 22. the written submission with a request to allow leave outside the administrative area controlled by the person submitting the territorial unit of the national police in 10 working days before the scheduled departure. The application shall state: 22.1. departure destination, time and space;

22.2. the return date. 23. If the controlled person while also monitoring the national probation service officer about this rule referred to in paragraph 21 of the authorisation shall inform the national probation service's territorial Department. 24. the person to whom the Controlled limited – obligation to come to the police register from one to four times a month, arriving to register for the national police unit in the decision on the territorial policing restrictions on time and present an identity document. 25. the police control regulations is considered ineligible for any action that results in a controlled person has failed to comply with the decision of the police control restrictions, these rules or other laws governing the execution of criminal penalties. IV. Police control and termination Amendment 26. If the controlled person in the time of the year again called to administrative responsibility for infringement of the provisions of the control of the police, the Officer prepares and sends the application to the Court for an additional penalty time served in substitution of the deprivation of liberty. 27. the responsible officer, who prepares an application to the Court for not registering in the police control the substitution of a controllable person, which at the same time the public supervision of the probation service shall inform in writing the national probation service. 28. If the police control have changed during the implementation conditions affecting policing the implementation of restrictions, you can amend the State police territorial unit under certain restrictions or policing their content, the designated officer shall draw up and the National Police Chief of territorial departments approve the new decision on police control restrictions. Officer presented the decision of controlled person. The controlled entity is evidenced by the signature. 29. For residence, employment or educational institutions in the territory of Latvia Exchange controlled person no later than 10 working days before the residence, workplace or educational exchange shall inform the territorial unit of the national police, whose officer organizes police control, and specifies the following information: 29.1. new residential address and moving date if changed their place of residence;
29.2. the new business name, address, employer's contact information and start date – if you changed jobs;
29.3. the new education institutions name, address and date of commencement of training – if the change of educational institution. 30. If the controlled person lives changed by reason of force majeure, the person on the 24-hour time, notify on arrival at State police territorial unit, which carries out police control of compliance with the limit control. 31. further to the provisions of article 29 or 30. information referred to in paragraph 1, the designated officer shall inform the person to be controlled that three working days after the arrival of the new residence of the controlled person to come to register in the relevant territorial unit of the national police. The controlled party information acknowledgement of receipt with a signature statement. 32. Police control execution is terminated when: 32.1. judgment of the police control in the period of the sentence;
32.2. the entry into force of a court ruling that the police control is replaced by a penalty involving deprivation of liberty;
32.3. the entry into force of a court ruling that cancelled the police control;
32.4. the controlled person has died or been declared dead. 33. If a person is suitable to control security feature, house arrest, detention or into the social adjustment of the educational institution, until the security features of the repeal or amendment of the moment police not subject to controls. 34. If the controlled person suitable security feature-over police surveillance, police control pursuant to the terms of the security features. V. minors sentenced police control implementation 35. If the controlled person is underage, it ordered the police control is implemented in accordance with the procedure laid down in these rules, subject to the exceptions referred to in this chapter. 36. the custodial authority no later than three months before a full year the controlled persons release from penitentiary institutions (or not later than the working day following the amnesty or pardon act, if the minor person controlled released from parole due to amnesty or pardon) inform the person of the minor controlled parents, legal representative or other family courts (hereinafter agent) about the release date and the representatives laid down in these provisions the obligations of police control. 37. The minor controlled person first arrives to register the territorial unit of the national police, together with the representative. 38. If the minor controlled person arrives in the territorial unit of the national police, without this provision, the decision referred to in point 14 officer sends the agent by registered letter and inform the family courts. 39. Before the police control constraints in the designated officer shall contact the authorities to coordinate controlled person identifiable police control limits and their content with the local behavior of the minor's social adjustment and social assistance programs. 40. This provision 8, 14, 19, 20, 21, 22, 28 and 29 of these submissions, the information and the decision shall be signed by the person of the minor manageable and representative. 30. These provisions in the case referred to in paragraph a of the controlled person minors arriving in the territorial unit of the national police, together with the representative. If the controlled persons minors representative refused to acknowledge these rules with the signature provided in the submissions, the information and decision, the officer shall certify such a waiver with your signature. 41. If the police in the course of implementing the control officer finds that the controlled persons minors family circumstances adversely affect minors of controlled person and interfere with fulfilling police control rules, the designated officer shall inform in writing the municipal social services and family courts. The Prime Minister's site-traffic Minister a. shlesers Interior Minister m. Segliņš annex Cabinet 30 June 2008 a Regulation No 479 Minister of Interior Mr Segliņš