The Order Of Holding In Custody Law

Original Language Title: Apcietinājumā turēšanas kārtības likums

Read the untranslated law here:

Cabinet of Ministers Regulations No. 288 in 2006 Riga April 11 (Mon. No 21 42) holding in custody law of the Republic of Latvia Issued the constitutional order of article 81 chapter I General provisions article 1. Provisions Provisions are intended to ensure that security features — custody — execution.
2. article. The basic execution of the detention custody enforcement is investigating the decision of the judge or the Court ruling on the application of pre-trial detention.
3. article. Arrested in a legal situation (1) Arrested is the person to whom the investigating judge or the Court has applied the security feature, the custody.
(2) the provisions of these rules also apply to the person who has taken over from the sentence and placed a foreign jail, pending the investigation, decide the issue of izciešam soda.
4. article. Detention enforcement authorities (1) the performance of the investigation Detention in prison or in another freedom of establishment deducts the investigation established the prison Division (hereinafter referred to as the prison of the investigation).
(2) Investigation of prisons internal rules established by the Cabinet of Ministers.
(3) at the request of the promoters of the process, detainees may put a specially outfitted police premises (hereinafter referred to as the temporary detention place) for the time necessary for the performance of the procedural act and legal proceedings.
5. article. Detention monitoring of Attorney-General of the Republic of Latvia and prosecutors are subject to prosecution in accordance with the procedure laid down in the law of the Republic of Latvia shall monitor legislation and uniform compliance with the exact investigation prisons.
Chapter II persons arrested during the investigation prison in article 6. In the case of persons arrested (1) every person arrested for make up case. Personal use must include the following documents: 1) during the judge's decision or a court ruling on the application of pre-trial detention;
2 arrested in fingerprint card);
3 hold a copy of the Protocol), where a person has been detained;
4) arrested in the questionnaire.
(2) in the case of the person Arrested shall include documents that provide information about the status of detention, as well as the arrest of persons taken by administrative provisions.
(3) in the case of the person arrested, adds a passport or identity card or re-entry permit.
(4) in the case of a person arrested for a building is responsible for: 1) holds the place of temporary employees, if the person was detained pre-trial detention before or after custody are placed in temporary detention facility;
2) investigation of the prison staff, if a person has been detained.
(5) moving detainees from the prison to the investigation in place of the temporary delay or vice versa, to send in the personal file of the prisoner.
(6) in the content of the questionnaire and the arrest procedure, as well as personal use of the procedure is determined by the investigation, the internal rules of the prison.
7. article. Arrested in the investigation of the prison reception welcoming the investigation prison, detainees: 1), showing the arrest of first name, last name, ID number or year of birth, the Court or the judge who took the decision on the imposition of, and the time when the investigation of the prison placed under arrest;
2) screened the same sex prison staff. Search results specify the Protocol.
8. article. Arrested, the adoption of storage assets (1) investigation of prisons internal rules determine the individual use allowed the list and quantity investigation prisons. Things that do not fit into that list, or exceed, the storage of investigation arrested served in prison.
(2) investigation of the prison acceptable storage property lists and notes the adoption of the Act. The Act of signing the arrest and prison employees who adopt. The issue of acceptance signed by the arrest of the Act.
9. article. Illegal disposal of assets and money (1) money that the arrested voluntarily not surrendered, forfeited and after coordination with the process of the investigation, the promoters of the General account of prison detainees utilities and housing improvement.
(2) precious metals, precious stones and articles that the arrest is not betrayed, willingly forfeit and after coordination with the process of transferring the proceedings to the State revenue service sales department according to the location of the prison. Received the funds credited to the general revenue of the country.
(3) money, precious metals, precious stones and articles that compare the apciet minor voluntarily is not betrayed, puts the minor's parents or guardian.
10. article. Detainee health check (1) after taking the examination in prison arrested undergo a medical examination and sanitary processing cabinet.
(2) the detainee health check results indicate the patient's card in the Torah ambul.
11. article. The placement of detainees in prison (1) investigation of prison detainees placed in a locked room (camera).
(2) Apcietināto men and women as well as minors and pilngadīgo deploys separately.
(3) the driver shall in any proceedings in criminal proceedings apcietināto deploys separately.
(4) Apcietināto deploys a separate from convicts except if the inmates placed in prison in connection with the investigation, another of the crime.
(5) If the arrest is the prisons administration, police, prosecution, courts, corruption prevention and combating Bureau, parliamentary and public security service of the President or the constitutional protection Office, a former staff member, his spouse or first-degree relative, the person deployed separately from the rest of the arrested.
Chapter III rights and duties in the arrest 12. Presentation of the detainee's rights after taking investigative prison administration arrested him in plain language (if necessary by interpreters) to immediately present to his rights and obligations, as well as inform officials that the arrest can turn with complaints and requests. Arrested with signature declares that he is familiar with this information.
13. article. Jailed rights (1) the Arrest has the right to: 1) to inform the family or another person about your location. The expenses are covered from the prison of the investigation;
2) receive money transfers;
3) to buy food and essential items, the investigation in the territory of the prison shop;
4) perform not less than hour long (if the medical question, not less than one and a half hours long) daily walk;
5) to communicate with persons outside the prison investigation through correspondence, as well as not less frequently than once a week using the investigative prison telephone (payphone). Allowed call duration is not less than five minutes. Expenditure on pay list arrested but on phone calls — the arrest or the person with whom he converses;
6) hours of meetings not less than once a month with relatives or other persons investigating the prison in the presence of a representative of the Administration;
7) meet with the champion alone without restriction, subject to investigation prison agenda;
8) subscribe to the press, as well as the use of the prison library investigation Fund;
9) wear personal linen, clothing and shoes;
10) use personal small household appliances: tv set (screen size up to 39 cm diagonal) and then add video games, refrigerator, water heated device, radio. Total individual use is used in household appliances, jam weight must not exceed 30 kilograms;
11) keep to himself for personal use property, allowed the prison store to purchase food products, receive shipments and not the contributions groceries investigation prisons internal rules of order and quantity.
(2) the investigating judge or the Court may restrict the first paragraph of this article 5, 6, 10 and 11 above.
14. article. The obligations to Arrest the arrest is obliged: 1) put of prison administration, which does not include the investigation of prisons internal rules specified individual use permissible things in list or exceeds the prescribed quantity;
2) to submit to these rules and other regulations laid down in the health checks and searches;
3) to perform investigations of prison administration and the legal requirements for the investigation of internal prison rules;
4) follow the investigation prison set the agenda;
5) clean up the premises of the prison investigation agenda on time;
6) gently treat the investigation prison property;
7) maintaining order on the premises of the prison investigation and follow personal hygiene;
8) use the prison treatment of persons in certain medications in the presence of the person ārstniec the bass.
Chapter IV arrested women and their children, juvenile detainees in the prison maintenance article 15. Arrested female residence features investigative prison after the arrested woman's request and with the consent of the family courts (pagastties) in trouble in prison, the investigation can take her children (s) who (s) No (s) older than three years.

16. article. Arrested woman with child location investigation in prison (1) if the detainee prison investigation staying with your child (children), her daily regime into line with a child (children) needs and day mode provides not less than one-and-a-half hour long walks with the children.
(2) children can stay with their mother in prison until the investigation of the four year old full state maintenance. Investigation of the prison administration not later than three months before the date when the child reaches the age of four, notify the family courts (pagastties) at the place of residence of the parents of the child, the time during which the child can stay with their mother in prison. Family courts (pagastties) checks the conditions of residence and the child's father passes the child father's care. If the transfer of the child's father is not possible, the family courts (pagastties) decide on child care. Choosing a child's future place of residence, family courts (pagastties) take into account the views of the child's mother.
(3) If the arrest have a baby, the prison administration is obliged to inform in writing of that fact to the vital statistics office, which is located in the territory of the prison investigation to be able to register the child's birth.
(4) Child nutrition, hygiene equipment, clothing, and care for the equipment you need rules of the prison investigation determined by the Cabinet of Ministers.
Article 17. Juvenile detainees stay in prison investigation (1) in addition to the minors arrested for these rules establish Thai rights and duties has the right to: 1) meeting with relatives or other persons once a week investigating the prison in the presence of a representative of the Administration;
2) not less than one-and-a-half hour long daily walks. Walking areas provided minors with physical inventory of assets classes.
(2) a minor arrested in the framework of the mode of the day participating in horse jail investigates organized behavior in social rehabilitation, corrections, education, as well as cultural and sporting events.
(3) if the minor is placed under arrest the penalty isolator, he allowed no less than hour long daily walks.
Chapter v the care and security of detainees in prison investigation article 18. Material security detainees (1) Arrested in the diets and domestic needs of material security rules are determined by the Cabinet of Ministers.
(2) Arrested the three times a day gets warm food that supports the body's normal vital signs, as well as drinking water at any time.
(3) Arrest the minor receives food that supports the minor full physical development.
(4) the area of the prison investigation arrested the one must not be less than three square meters.
(5) the Chamber in which the detainees maintain, provide natural light, but 24-hour dark time, artificial lighting, as well as air temperature not below + 18 ° C, and ventilation. The camera is equipped with a table, stool (bench) and beds, as well as the location of the arrest equipment personal property storage.
(6) the investigation of the arrest in prison provides individual beds, bedding and towel. At least every seven days the arrest of sauna or bath shower, and to ensure the arrest of clean linens. Compare the Apciet ensure compliance with personal hygiene facilities, as well as the opportunity to wash laundry and personal clothes.
19. article. Detainees the opportunity to receive, send and use money transfers (1) money that the arrest sent by transfer or paid to the investigation would prison, arrested, but not issue including the investigation prison deposit account Treasury and accounting of the personal money of the arrest records.
(2) the Arrest of his personal cash accounting card money transfers with prison staff investigation may use food products and essential for the purposes of the investigation of the jail store.
(3) money orders the arrest must come with the permission of the promoters of the process.
20. article. Detainees the chance to get the post and contributions (1) the Arrest with the consignment and is allowed to receive contributions only in non-food items.
(2) shipment or acceptance of contributions and issuance procedures, as well as a list of items and quantities that are allowed to receive the consignment and the contributions, determined by the internal rules of the prison investigation.
21. article. Health care for detainees (1) Arrested one receives health care services to the Cabinet and set the agenda.
(2) the Arrest has the right, at its own expense, to receive health care services the supply of which is not intended to fix the Cabinet to the MOS, issued in accordance with the first paragraph of this article, if one does have all the arrest with the health services expenditures (including security).
(3) If the arrest requires immediate medical attention, the investigation of which the prison medical institution, it is not possible to provide a response in the following pal gave him another medical institution, and prison chief jailed security provides.
22. article. Mental care for detainees (1) Arrested the spiritual care in the prisons administration carried out the chaplain service.
(2) the prison administration Department of the chaplain organises and coordinates religious activities religious investigation prison.
(3) the Detainee has the right to ask the chaplain call their belief in the clergy.
(4) the order in which the arrest is allowed to meet with clergy and forgive the Leith to religious organizations for religious activities determined by the internal rules of the prison investigation.
23. article. Submissions and complaints of detainees (1) Arrested has the right to write submissions, complaints and law before State and local institutions.
(2) correspondence to the arrest with national and international human rights institutions, parliamentary human rights and public affairs, the public prosecutor's Office, Court, counsel for the promoters, as well as foreign nationals arrested in correspondence with their country's diplomatic or consular representation of the country in a diploma or equivalent or consular missions, authorised to represent his interests, not subject to test and is sent to prison for investigation.
(3) the complaint for the prison administration chief warden of the investigation decision on the inquiry is sent to prison.
Chapter VI the social rehabilitation of the prisoner, spiritual care, upbringing and the conditions of article 24. The arrest of social rehabilitation, the main features of the social rehabilitation of the arrest the main features are socially useful activities in General, and in the interests of professional education, education and employment.
25. article. The investigation of the arrest the prison administration shall ensure the arrest of General, vocational and educational training.
26. article. Educational events (1) Registered associations and foundations, as well as religious organ in coordination with an amortisation of the prisons administration have allowed the investigation of prisons to implement educational measures for the social rehabilitation of the prisoner.
(2) the order in which the arrested admitted to educational week, established in the Passport, the Cabinet of Ministers.
27. article. (1) the conditions of detainees in the prison administration Investigation of social rehabilitation under the employ of the arrest.
(2) the Arrest of the achievements being rewarded in the order determined by the Cabinet of Ministers.
(3) the detainees without charge can only be involved in the investigation of the prison and surrounding area cleaning up and improvement, as well as cultural and municipal detention conditions. These activities in accordance with the mode can take up to two hours a day. After the elections in those arrested works can employ him longer.
Chapter VII the precautionary measures of the prison investigation article 28. Security measures (1) the investigation of prison staff in the investigation of the internal rules of the prison in the cases and in the procedure have the right to search detainees. The arrest of the same sex, searched the prison staff.
(2) investigation of prison staff arrested in list controls (except the list with 23 of these regulations referred to in the second subparagraph of article recipients). If the contents of any correspondence Ridge threaten other people's rights, democratic public facility, public safety, welfare and morals, ascertaining the truth in a criminal proceeding, as well as prison security, correspondence and explain the reasons for the detention of the arrest.
(3) the investigation of the warden, or his authorized officer should have the right to request visitors to produce an identity document as well as view and search that person and their belongings.
29. article. Arrested On the applicable incentives exemplary behavior investigation warden can apply for these incentives to the arrest: 1) expressing gratitude;
2) before the time to delete the earlier investigation of the penalties imposed on the internal rules of the prison regulations;
3) to grant additional time for a walk;
4) to grant additional time for phone calls;

5) additional meetings with relatives or other persons in the investigation of the prison administration, would the presence of a representative.
30. article. The penalties applicable to the arrest for investigation, the internal rules of the prison rules (1) The internal rules of the prison investigation under the rules of the investigation, the warden may impose the following penalties to the arrest: 1) warn;
2) rebuke;
3) for a period of up to one month to prohibit the purchase of foodstuffs and tobacco products, the investigation in the territory of the prison shop;
4) prohibit the routine meeting with relatives or other persons;
5) for a period of up to one month to prohibit phone calls;
6) juvenile detainees to put the penalty isolator for up to 15 diennak supervised;
7) juvenile detainees to put the penalty isolator for up to 10 days in the nights.
(2) minors Imprisoned as a punishment may not be imposed the ban to meet with parents or guardian, as well as the prohibition of telefonsar may not be imposed for Albania, with parents or guardian if such a prohibition is not applied process Guide.
(3) the penalty shall be made in person to the arrest records.
31. article. The penalty for the investigation of internal prison rules of procedure for the application of (1) the provisions of article 30 of the penalties referred to in the first subparagraph shall apply not later than 10 days from the date of the finding of the infringement, but if due to infringement of the warden's authorised person has taken the test, 10 days from the date of its completion.
(2) verification of the investigation time limits specified by the warden, but for not more than 10 days from the date of the investigation of the jail supervisor, become aware of the infringement.
(3) before making a decision on imposition of fine for the infringements of the arrest, inform and provide the opportunity to present his defence. Details of the nature of the infringement committed, found irregularities in the arrest and an explanation point in the decision imposing the fine.
32. article. Insert a fine arrested insulator (1) for gross or systematic investigation of internal rules of prisons in violation of the terms of the arrest can be inserted into the penalty isolator.
(2) the penalty isolator in the arrest can be inserted only if there is a doctor's opinion that the State of health of the detainee admits such a sentence.
(3) penalty: the penalty isolator, the insert is not suitable for pregnant women, as well as the arrest of a woman who is in jail in the investigation along with the children.
33. article. The penalty isolator furnishings and equipment minimum penalty isolator furnishings and equipment, as well as the arrangements for holding the penalty isolator determines the internal rules of the prison investigation.
34. article. The law limits the arrest penalty isolator (1) Arrested in the penalty isolator is allowed to take personal hygiene items, glasses, contact lenses, stationary, envelopes, with the criminal case records and documents, as well as with the doctor's permission — assistive technology and medicines.
(2) where the Arrest for breaches of discipline penalty isolator, inserts are not allowed: 1) use the rights to appointment;
2) buy food and tobacco products;
3) send letters to individuals or to receive letters from individuals;
4 the right to use the telephone);
5) use table games;
6) to smoke.
(3) the prohibition to send letters to individuals or to receive letters from individuals not subject to this provision, article 23 of the list referred to in the second subparagraph.
35. article. Brutal investigation prisons internal rules violations on the coarse investigation prisons internal rules violate the following rules are considered to be imprisoned: 1) natural resistance to investigation prison employee or his dignity and honour of harassment;
2) refusal to execute a prison employee investigation legal requirements;
3) other physical coercion of detainees or their honor and dignity of the harassment;
4) alcohol, the illicit manufacture of narcotic drugs or psychotropic substances, storage or distribution;
5) out of the survey to determine whether the arrest was taking alcohol, narcotic drugs or psychotropic substances;
6) mobile phone, its parts and SIM card storage and use;
7) participation in the games of cards or other games the triobet experience to gain material benefits or any other winning extortion;
8) intentional deterioration of property of the prison investigation.
36. article. A systematic investigation of the internal rules of the prison rules for systematic investigation of the prisons internal rules violations are regarded as violations committed twice or more in the past 6 months.
37. article. The order in which the final punishment for investigating internal rules of the prison rules (1) the Arrest of the penalties imposed for 10 days can be a challenge, with submission of the appropriate application to the prison administration chief.
(2) the complaint shall not suspend the execution of the penalty.
(3) the Prosecutor's protest concerning the illegal arrest imposed punishments suspending its execution to protest further.
38. article. The order in which you want to delete or request for the appropriate punishment for the investigation, the internal rules of the prison rules (1) The provisions of article 30 of the penalties referred to in the first paragraph of the delete after six months of the date of application of the penalty, if not imposed new penalties.
(2) The provisions of article 30 of the penalties referred to in the first subparagraph shall be repealed if the same violation of the administrative penalty.
Chapter VIII on the release from Detention of the prison investigation or transmission of a custodial sentence of article 39. Basis of exemption from investigation, arrest the prison detainees freed from the prison of the investigation in the following cases: 1) if the judgment on the annulment of custody;
2) if the judgment on the security features of the amendment;
3) if the statutory maximum period of detention;
4) if detention exceeds the maximum Criminal custodial sentence period that the Court may order the criminal offence of which the person accused of the offence;
5 after the conviction, judgment) if the penalty imposed by the Court.
40. article. Release procedures in the arrest (1) If the term of detention expires and no decision on the apc extension by tinājum, released detainees last term of detention the day before noon. 3. If the period of custody in the fall on a Saturday, Sunday or public holiday, the detainees released Friday or the day before the holidays.
(2) the Arrest, which is released from prison, the investigation of the investigation issued internal rules of the prison in the sample certificate of release. Certificate signature and warden of the investigation confirm the investigation prison ģerboņzīmog.
(3) Before the release of the imprisoned against his signature issue me the cash accounting electronic check card money, his own belongings, valuables and documents.
(4) the Arrest, which is released from prison, the investigation due mini clay expenditure of public transport tickets for purchase to the place of residence in the territory of Latvia, but if a person's place of residence is outside Latvia, — the minimum expenditure of public transport tickets for purchase to the public crossing of the site or to the nearest railway station in the country, to which Latvia is a land border.
Article 41. Information about the minor arrested in the release from prison of the investigation of a minor release of the arrest, which has no parent or guardian, shall inform the family courts (pagastties), to the place of residence of minors and tackle furnished his social security problems.
Article 42. Sending a detainee a custodial sentence of 10 days after the judge's order, the President of the Court or of the enforcement of the judgment of the person sentenced to deprivation of liberty, of the investigation would be sent to the prison penitentiary penal authority.
Prime Minister a. Halloween Justice Minister g. Grīnvald Editorial Note: rules shall enter into force on 20 April 2006.