The Order In Which The State Probation Department Organizes And Directs The Settlement Through An Intermediary

Original Language Title: Kārtība, kādā Valsts probācijas dienests organizē un vada izlīgumu ar starpnieka palīdzību

Read the untranslated law here: https://www.vestnesis.lv/ta/id/167543

Cabinet of Ministers Regulations No. 825 in Riga in 2007 (4 December. Nr. 15. § 68) the order in which the State Probation Department organizes and directs the settlement through an intermediary are Issued in accordance with the national probation service article 13 of the law the third part i. General questions 1. determines the order in which the national probation service (hereinafter service) organizes and manages the settlement with the help of nothing among (hereinafter reconciliation).
2. the Department organizes and directs the settlement between the person who committed a criminal offence, and the victim: 2.1 before the initiation of criminal proceedings;
2.2. in all stages of criminal proceedings;
2.3. after the adoption of a judicial decision;
2.4. after the entry into force of the Prosecutor's statement about it;
2.5. after the entry into force of the decision on termination of the criminal proceedings, the conditional relief from criminal responsibility.
3. Court settlement between the person who committed a criminal offence, and the victim (hereinafter referred to as the parties) may only if the person who committed a criminal offence, admit that has made a criminal offence, as well as recognize the facts of the case and the parties involved to voluntarily agree to participate in the settlement.
4. the Settlement is open to: 4.1 a legal representative or family courts, if the party is a minor or incapacitated adult person;
4.2 third party (if the parties involved agree), so with his presence in support of the parties involved.
5. Settlement mediator organizes and directs-service officer or professional trained certified volunteer probation officer (hereinafter between nonsense).
6. Settlement, management and the Organization of intermediary results indicate the probation service and the client database by post under the laws and regulations that govern the use of the probation, the customer's design, transfer, termination, renewal and storage procedures, as well as consistent with the laws that govern the information to be included in the database and the inclusion and use of the information.
II. organizing 7. Settlement settlement organized, if the unit of service (hereinafter referred to as the unit structure) has received a written request from promoters of the process or the written submission of the party involved.
8. the driver in the written request to the Department indicated the following: 8.1 for criminal: 8.1.1. the number of criminal cases;
8.1.2. the criminal law article, part of the point;
8.2. the victim: 8.2.1. If the victim is a person: 8.2.1.1. name, surname;
8.2.1.2. ID code or message that helps to identify the person, if the person is not registered in the population register;
8.2.1.3. address, contact numbers;
8.2.2. If the victim is a legal person: 8.2.2.1. name;
8.2.2.2. the registration number;
8.2.2.3. address, contact numbers;
8.2.2.4. first and last name of the person who has the right of representation, as well as other information that helps you identify this person;
8.3. for a person who committed a criminal offence: 8.3.1. name, surname;
8.3.2. ID code or message that helps to identify the person, if the person is not registered in the population register;
8.3.3. address, contact numbers;
8.3.4. procedural status;
5.2. Description of the offence;
8.5. the date by which it is recommended to implement the settlement.
9. If a party is a minor or legally incompetent person, the legal age for the legal representative to indicate this rule 8.2.1. information referred to in point.
10. If the settlement is organised by the criminal proceedings, the parties or their legal representatives in the written submissions to the Department specifies the following information: 10.1. Department to which the application is addressed;
10.2. If the application is lodged by a natural person: 10.2.1. the applicant's name;
10.2.2. ID code or message that helps to identify the person, if the person is not registered in the population register;
10.2.3. the actual residence address and contact numbers;
10.3. If the application is submitted by a legal person: 10.3.1 name;
10.3.2. the registration number;
10.3.3. address, contact numbers;
10.3.4. first and last name of the person who has the right of representation, as well as other information that helps you identify this person;
10.4. the Guide;
10.5. all parties involved procedural status in criminal proceedings;
10.6. the description of the offence;
10.7. the date by which it is recommended to implement the settlement;
10.8. if known, the number of criminal proceedings;
10.9. if known, the criminal law article, part of the point.
11. If a party wants to arrange a settlement between the landlord prior to the initiation of criminal proceedings, in its written submissions to the Department specifies the following information: 11.1. Department to which the application is addressed;
11.2. If the application is lodged by a natural person: 11.2.1. name of the applicant;
11.2.2. the applicant ID number or messages, which helps to identify the person, if the person is not registered in the population register;
11.2.3. the applicant's address, contact numbers;
11.3. If the application is submitted by a legal person: 11.3.1. name;
11.3.2. registration number;
11.3.3. address, contact numbers;
11.3.4. first and last name of the person who has the right of representation, as well as other information that helps you identify this person;
11.4. a description of the offence;
11.5. the other parties of the name;
11.6. the other parties involved to address or contact numbers.
12. If a party wants to arrange a settlement between the cake after the Court ruling, or after the entry into force of the Prosecutor's statement on penalty or decision on the termination of criminal proceedings, the conditional relief from criminal responsibility, its written submissions to the Department indicated in the following: 12.1 the Department to which the application is addressed;
12.2. If the application is lodged by a natural person: 12.2.1. name of the applicant;
12.2.2. ID code or message that helps to identify the person, if the person is not registered in the population register;
12.2.3. the actual residence address and contact numbers;
12.3. If the application is submitted by a legal person: 12.3.1. name;
12.3.2. registration number;
12.3.3. address, contact numbers;
12.3.4. first and last name of the person who has the right of representation, as well as other information that helps you identify this person;
12.4. information about process Guide;
12.5. the number of criminal cases;
12.6. the criminal law article, part of the point.

13. If the settlement is organised on the basis of the involved parties written by tubers, Department head within five working days after receipt of the application by post process a driver that rule the information referred to in paragraph 8. The request shall be accompanied by a copy of the application by the party concerned.
14. If a party is in pre-trial custody, mediator, mediation, prison writing ask: 14.1. process authorization of promoters to organize a reconciliation meeting;
14.2. the prisons to ensure that the intermediary, and the parties concerned the appointment of third parties, as well as the premises for the conduct of the conciliation meeting a given institution.
15. If the settlement is organised after the Court ruling and the entry into force of a party located in a custodial institution, intermediary custodial authority requests permission in writing of the Commissioner to ensure the intermediary, of the parties and third parties, as well as the appointment of a conciliation hearing vacate the premises for a given institution.
16. If a party is in a custodial institution, initiated the organisation of a settlement the mediator within 15 working days after the prison authorities permit days.
17. If the mediator arranges a settlement based on its stakeholders submissions who committed criminal offences, the mediator shall send by registered mail to the victim (if you know the contact details of the victim's) invitation to participate in the settlement and asked to provide written consent.
18. If the victim does not respond within 15 working days of the dispatch of the call, the victim shall be deemed to waive participation in the settlement and the settlement is implemented.
19. the intermediary, by arranging a settlement takes into account the process of driver and application by parties to that date.
20. If the settlement hearing may not take place until the driver of the process and the parties involved in the application to the end of this period, a broker by telephone (at least one working day before the end of the term) or in writing (at least seven working days before the end of the term) shall inform the promoters of the process and the parties involved.
21. The mediator starts to organize the reconciliation on the day on which the parties concerned have expressed their consent to participate in the settlement. The organisation and management of the settlement not exceeding six months (private prosecution cases, the period may not be longer than four months).
22. If the parties do not sign articles within six months after the launch of the daily settlement, the mediator shall inform in writing the process Guide.
23. A mediator agreed upon by the parties concerned on the settlement of the place and time of the hearing.
24. If a settlement hearing is required in the interpretation and the parties involved have agreed on it, ask an interpreter service. Expenditure on interpreter services tions be borne by the Department.
25. If the intermediary is not officers, one year it may organize and manage no more than 20 settlements.
III. rights and duties of Mediator 26. Intermediary has the following rights: 26.1. require the parties involved to show supporting documentation projects;
26.2. to translate the settlement hearing progress or invite an interpreter, if agreed by the cue, go;
16.3. to postpone the mediation meeting;
26.4. refuse to organize and manage the settlement if: it is not possible to learn 26.4.1. any involved parties contact information;
26.4.2. a party refuses to participate in mediation;
26.4.3. the participating parties are unable to agree on the facts of the crime;
26.4.4. Parties or third parties with your behavior or action around the settlement hearing offensive threat or present personal dignity;
26.5. not to sign a settlement, if there is reason to believe that this is the result of repeated threats to use violence or other unlawful acts.
27. the intermediary has the following responsibilities: 27.1. to consult the parties involved in the settlement of the matter;
27.2. to call upon the statutory representative if the party is a minor or incapacitated adult person;
16.3. writing in line with the legal representative of a minor or an incapable adult rīcībn for participation in the settlement;
27.4. to coordinate with the parties concerned third party participation in the mediation meeting;
27.5. to respect the integrity, fairness, impartiality, neutrality and the equal treatment of the parties concerned;
17.1. to inform the parties concerned of the rights and obligations of intermediaries, settlement, settlement hearing rules and kriminālprocesuālaj effects;
17.2. take care of the involved parties mutually courteous attitude for each other;
17.3. to call upon the parties to translate the request;
17.3. to comply with the protection of personal data and the need to withhold information about the existing, former and potential parties to the settlement;
27.10. If it is established that a party is dangerous around her, to report to the competent authority;
27.11. not to disclose information obtained in the settlement, except where it is found that the party is hazardous;
27.12. abandon of the organisation and management of the settlement: 27.12.1. the party concerned so requests;
27.12.2. broker with any of the parties involved or was situated in personal, business or professional relations;
27.13. If the settlement, to draw up a settlement in writing and get it to the content of the Act concerned;
27.14. writing to inform the driver of the process of reconciliation;
27.15. stop or postpone the settlement hearing vacate if a party does not comply with the requirements.
IV. Stakeholders ' rights and duties 28. Parties have the following rights: to withdraw from membership of 28.1. settlement;
28.2. to request temporary breaks;
28.3. ask to postpone the settlement hearing to another date;
28.4. to request another mediator;
17.7. to involve third parties in the settlement;
28.6. mutually agree on a settlement hearing the language, if the party does not know the State language;
17.8. to request an interpreter.
29. If a party who committed criminal offences, does not fulfil the conditions of the settlement, the settlement will go to the victim as clouded party has the right to take legal action under civil law.
30. The parties have the right to apply to the service of the application for mediation not ethical action or failure.
31. If settlement occurs in a custodial institution or prison and the victim in another administrative territory, the victim has the right to receive a fee associated with the arrival of the settlement hearing in a custodial institution or prison: 31.1. the costs associated with the use of public transport;

31.2. the costs associated with the personal use of the vehicle trouble.
32. The victim within three working days after the hearing, submit a settlement in a written application to the unit structure with the request to pay: 32.1. expenses associated with the use of public transport. The gum is added to cold driving documents, confirming the emergence of expenditure (for example, public transport tickets, fare card, monthly);
32.2. expenses related to personal use of the vehicle. The application shall be accompanied by a receipt (receipt) of fuel consumed and the Department agreed the route sheet.
33. Expenses related to personal use of the vehicle, the victim reimburse 0.07 lats for each kilometre travelled.
34. If the documents submitted by the victim of the generation of the expenditure is justified, a service of consideration transferred to the application specified in the bank account within 10 working days from the date of receipt of the said application.
35. The parties are obliged to participate in the settlement hearing in person, except for this provision in paragraph 39.
V. minor or legally incompetent minor involvement of settlement in 36. If the party is a minor or incapacitated person, by the age of the trainee is obliged to obtain the consent of a legal representative of the organisation and management of the settlement.
37. If the minor's legal representative refuses to participate in the settlement, the Department submitted, in writing, that motivated the minor family courts, which represent administrative territory declared in the minor's place of residence. Family courts shall ensure the minor's rights and prevent possible breaches.
38. Family courts based actual expenditure incurred in representing the minor settlement, and paid for the service during the month of application and supporting documents for the submission of expenditure of the Department.
39. If the victim of the minor's legal representative or family courts, the mediator believes that the victim's minor's participation in the settlement of the criminal offence or minor's age can harm the minor's psychological development, settlement is restricted to the minor's legal representative.
Vi. conduct of conciliation meetings 40. Settlement hearing conducted by one or more intermediaries.
41. The parties, third parties or the interpreter, upon arriving at the settlement hearing, presented identity documents. The representative of the legal person presented identity documents and of formal representation. Legal representative presented identity documents or messages that help to identify the person, if the person is not registered in the population register.
42. Entering the settlement, the mediator explains to the parties their rights, obligations and procedures for the hearing.
43. third parties (except the legal representatives and fosters) settlement negotiations the meeting involved only at the invitation of the mediator.
44. If the mediation hearing shall participate in the minors a legal representative or family courts, the mediator shall inform it of the right to engage in settlement negotiations for the hearing. Legal representative or family courts will be the negotiations the settlement hearing: 44.1. at the request of the minor;
44.2. If certain settlement conditions;
27.5. If a violation of the rights of minors.
45. meeting of the settlement takes place in the language of the country. Meeting of the settlement may be in another language, if the parties mutually agree about it.
46. If the mediation hearing shall participate in the interpreter, it confirms with the signature and the conclusion of negotiations in the settlement of the conflict, as well as translation confidentiality.
47. If the parties to the settlement do not agree the hearing or refuses to participate in mediation, the mediator shall terminate the mediation. If a criminal offence is the criminal proceedings initiated by the mediator of the mediation shall inform in writing the termination of the process Guide.
VII. Settlement design 48. If the parties to the settlement at the hearing, the mediator draws up sign articles settlement in writing. The settlement indicates the following: 48.1. the victim: 48.1.1. name, surname;
48.1.2. ID code or message that helps to identify the person, if the person is not registered in the population register;
48.2. the criminal proceedings (criminal proceedings have been launched if): the number of criminal proceedings; 48.2.1.
48.2.2. the criminal law article, part of the point;
48.3. the person who committed a criminal offence: 48.3.1. name, surname;
48.3.2. personal number or messages that help to identify the person, if the person is not registered in the population register;
30.1. the legal representative (if it participated in the settlement): 48.4.1. name, surname;
48.4.2. personal number or messages that help to identify the person, if the person is not registered in the population register;
30.1. the representative of the family courts (where it took part in the settlement): 48.5.1. name, surname;
48.5.2. post;
30.2. of the legal person: 48.6.1.;
48.6.2. registration number;
48.6.3. the person who has the right of representation, the name, address and other information that helps to identify the person;
30.3. the interpreter (if it participated in the settlement): 48.7.1. name, surname;
48.7.2. personal code;
30.3. the intermediary, if this settlement honours an interpreter: 48.8.1. name, surname;
48.8.2. post;
30.4. the language of the settlement if the settlement hearing in a State language;
48.10. settlement entered into willingly;
48.11. settlement articles;
48.12. settlement terms.
48.13. settlement of potential criminal proceedings.
49. The settlement presented in four copies, and signed by the parties to the mediation and the mediator. Each involved party, process, and the Department shall issue the driver one copy.
50. If for a particular criminal offence not yet started criminal proceedings, settlement presented in triplicate and signed by the parties to the settlement and between nonsense. For each party and one copy shall be issued to the Department.
51. If a settlement is concluded by the adoption of a judicial decision or after the entry into force of the statement on the prok ror or the decision on the termination of criminal proceedings, the conditional relief from criminal responsibility, settlement shall be drawn up in triplicate and signed by the parties to the mediation and the mediator. For each party and one copy shall be issued to the Department.

52. If a settlement involving a minor, signature of the footplate partial settlement of the legal representative of the person or family courts and minor if it has reached 14 years of age.
53. If, in accordance with the provisions of paragraph 37 of the juvenile in the settlement agent, the representative of the family courts, this signature certifies that the settlement is in the minor's protection and is not tolerated.
54. If the settlement in family courts, party, process driver, legal representative, family courts, and one to the Department a copy of the settlement.
55. If a settlement in the interpreter, it confirms with the signature of the translation, except when the interpreter is a mediator.
56. the rules shall enter into force by 1 January 2008.
Prime Minister a. Halloween Justice Minister g. Smith Editorial Note: regulations shall enter into force by 1 January 2008.