Register A Criminal Offence Provisions

Original Language Title: Noziedzīgu nodarījumu reģistra noteikumi

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/118718

Cabinet of Ministers Regulations No. 756 in Riga in 2005 (October 4. No 56 48) criminal offence provisions Issued by the registry in accordance with the law of criminal procedure, art. 372 seventh part i. General questions 1. determines the order in which to register details of ongoing criminal proceedings, the criminal offences established criminal offences and izdarījušaj persons (hereinafter referred to as the message). 2. the particulars recorded in the register of criminal offences (hereinafter register). The registry is a national information system that provides criminal process the required information. Registry activities organized and run by the Interior Ministry's information center (hereinafter referred to as the Centre), providing ongoing criminal proceedings and offences established criminal offences committed by a single person. 3. News Center provides authorities with officials under Criminal law proceedings are entitled to bring criminal proceedings (hereinafter referred to as the authority). 4. the Centre provides the following: 4.1 a criminal offence and the KRI minālproces, as well as registration of criminal proceedings (criminal) guidance;
4.2. the criminal procedures (criminal) record the results of the investigation;
4.3. criminal offences committed by physical persons and legal entities to keep records of criminal offences committed in the interest of a person;
4.4. data storage archives, national administrations, national statistics institutions and educational authorities, statistical information or research work. Those needs issued messages must not contain personally identifiable data. 5. Crime and criminal original registration document is a criminal offence carrying a journal (Journal). Log storage provides the investigative body, Prosecutor's Office or court records criminal proceedings and criminal offences. 6. the register shall include the message, based on the following documents: 6.1 records criminal records (annex 1);
6.2. the criminal investigation of inventory map (annex 2);
6.3. criminal offences committed by natural persons or legal persons the description a description of the interests of the criminal offence committed by a natural person (annex 3). 7. the authority shall provide a procedure for the provision of news, news provided the Castle nīgum and authenticity. 8. The provisions of paragraph 6 of the accounting documents can be filled in and submitted electronically in the Centre, subject to the statutory electronic design, design and movement. The body of the message will be included in the register gives away online, under a contract concluded between the Centre and the institution. II. Registry records 9. Criminal records authority fills in the following happened: mo 9.1. after criminal proceedings if there is a real possibility that there has been a criminal offence, or if you get news about a possible criminal offence has occurred (the law of criminal procedure, art. 370);
9.2. If separate records are distributed to the criminal proceedings for an offence that has not been registered;
9.3. If criminal proceedings for the criminal proceedings terminated the driver committed a criminal offence, which is a criminal offence to which the signs, but not the damage caused to the criminal sanctions imposed (criminal procedure law 379 first paragraph of article 1);
9.4. If the materials sent to the empowering of the minor nature of the application of coercive measures (criminal procedure law, the second part of article 379);
9.5. If the criminal offence committed a minor and is found in the particular circumstances of the crime, and for minors get news that soften the liability (criminal procedure law 379 first paragraph of article 3;)
9.6. If a person who committed a criminal offence or a less serious crime, the gum is izlīgus with the victim or his representative (the criminal law 379 first paragraph of article 2);
9.7. If criminal proceedings are initiated to the deceased person rehabilitated (Criminal Procedure Law, art. 377). 10. The public prosecutor's Office officials in addition to the provisions of paragraph 9 of the cases referred to in criminal records to fill in if: 10.1. termination of criminal proceedings and restore the offence are disposed of;
10.2. the person called a criminally liable for, in addition to the investigation of criminal offences found in the past had not been registered;
10.3. the decision on refusal to cancel the launch of criminal proceedings and criminal proceedings have been launched throughout the melt;
10.4. from foreign criminal proceedings received during the pre-trial investigation stage or taking over of criminal prosecution (criminal procedure law, art. 724 first part);
10.5. termination of criminal proceedings, a degree of criminal responsibility of the person from releasing (criminal procedure law, the third part of article 379);
10.6. conclude an agreement with the accused on the completion of the criminal proceedings (criminal procedure law, art. 312). 11. Court criminal records be completed where: 11.1. criminal proceedings instituted in cases of private prosecution (criminal procedure law, art. 371, fourth part);
11.2. recognises that the test person has not committed a criminal offence, but it made the other person, cease criminal proceedings against the person and send the public prosecutor in criminal pre-trial process (Criminal Procedure Law, art. 605 of the fifth). In this case, the criminal offence is not listed;
11.3. from abroad received the criminal trial stage with the request for it (criminal procedure law, 724, the second part of the article). 12. Criminal records shall indicate: 12.1. one criminal offence;
12.2. If the person has committed one of the offences that correspond to several different crime composition respects the relevant Criminal law, articles, parts and points. 13. information on registered criminal offences to be retained in the register, if criminal proceedings have been terminated: 13.1:13.1.1 barred (criminal procedure law, art. 377);
13.1.2. adopted Amnesty Act, which prevents the imposition of penalties for criminal offences timely relati (criminal procedure law, art. 377);
13.1.3. death of the person who called or called to criminal liability (criminal procedure law, art. 377);
13.1.4. committed a criminal offence, which is a criminal offence to which the signs, but not the damage caused to the criminal sanctions imposed (criminal procedure law 379 first paragraph of article 1);
13.1.5. a person who has committed a criminal offence or a less serious crime is izlīgus with the victim or his representative (the criminal law 379 first paragraph of article 2);
13.1.6. criminal offences committed a minor and is found in the particular circumstances of the crime, and for minors get news that soften the liability (criminal procedure law 379 first paragraph of article 3;)
13.1.7. material sent to the Court to apply the empowering nature of forced the minors feature (the criminal law in the second paragraph of article 379);
13.1.8. the person conditionally released from criminal liability (criminal procedure law, the third part of article 379);
13.2. the Criminal Court, sent to establish a medical coercive means (criminal procedure law 601);
13.3. the suspect or the accused's guilt of the crime to prove in the pre-trial process has failed and is not possible to gather additional evidence (Criminal Procedure Law Article 392, paragraph 2);
13.4. criminal proceedings are terminated in part, in respect of one or some of the accused (criminal procedure law, art. 392 third part);
13.5. the Attorney General made a decision on termination of the criminal proceedings against the person who significantly helped reveal a serious or very serious crime (criminal procedure law, art. 410). 14. Registered criminal offences and criminal offences committed by persons removed from the records and details of those placed in the archives of the database if: 14.1. criminal offence has happened (the law of criminal procedure, art. 377);
14.2. the offence committed is not of the crime (Criminal Procedure Law, art. 2 of 377;)
14.3. no application for the victim in the criminal proceedings that may be initiated only on the person's application (the law of criminal procedure, art. 377 8;)
14.4. the entry into force of a judgment or decision on the process of transforming the criminal process termination in the same indictment against the person who formerly called criminally liable for the same criminal offence (criminal procedure law, art. 377). 15. Criminal investigation records of the results of the authority fills in the following cases: 15.1. termination of criminal proceedings, if there is no criminal act occurred (the law of criminal procedure, art. 377);
15.2. the criminal proceedings terminated, if the offence committed is not of the crime (criminal procedure law, art. 377;)
15.3. the termination of the criminal proceedings, if barred (criminal procedure law, art. 377);
15.4. the termination of criminal proceedings, if adopted Amnesty Act, which prevents the imposition of penalties for relevant criminal offences (criminal procedure law, art. 377);

15.5. the criminal proceedings terminated, if the person who called or called to criminal liability, is dead, except if the process needed to be rehabilitated for the dead (the law of criminal procedure, art. 377;)
15.6. If the entry into force of a judgment or decision on the process of transforming the criminal process termination in the same indictment against the person who formerly called criminally liable for the same criminal offence (criminal procedure law, art. 377);
15.7. If criminal proceedings against an alien or stateless person as the State border crossing that illegal for this criminal offence to forcibly expelled from the Republic of Latvia (criminal procedure law, article 377;)
15.8. If not the victim in the criminal procedure of the application that can be launched only on the person's application (the law of criminal procedure, art. 377 8;)
15.9. the case of the victim and the suspect or the accused in a criminal court, which may be initiated only on the basis of the application of the injured party, except in criminal proceedings for the criminal law as provided for in article 130 of the criminal offence, if it is related to family violence (criminal procedure law, art. 377);
15.10. If the Criminal Code referred to in identified circumstances which preclude criminal at unlimited liability (criminal procedure law, art. 10 of 377;)
15.11. If the decision on the suspension of criminal proceedings or renewed consent (criminal procedure law, art. 378);
15.12. If a decision on termination of the criminal proceedings, releasing a person from criminal liability (criminal procedure law, art. 379);
15.13. If a decision is taken on the renewal of the criminal cases of lost (Crimea in nālproces law 383);
15.14. If the decision has been taken on the dispatch of the Court for criminal proceedings in the nature of electronic check medic coercive measures (criminal procedure law 601);
15.15. If the decision on the suspension of the process due to the insertion of personal medical institution (criminal procedure law, art. 597);
No 15.16. Latvia launched criminal proceedings are transferred to the other country (Criminal Procedure Law, article 743);
15.17. If criminal proceedings are commenced abroad ridden continuation in Latvia of criminal proceedings (Criminal Procedure Law 725.);
15.18. If a decision is taken on the renewal of a criminal due to newly discovered circumstances, which is the entry into force of the Court judgment or decision (Criminal Procedure Act 655);
15.19. If, having been convicted by a judgment of the new look of the criminal proceedings in which the applicable law for persons of special rehabilitation (criminal procedure law 662. second part of the article);
15.20. If a decision on the completion of the pre-trial process of rehabilitation of the deceased (article 613 of the law of criminal procedure);
15.21. If a decision on termination of the criminal proceedings in cases of private prosecution (criminal procedure law, art. 625);
15.22. If criminal proceedings are sent by other territorial jurisdiction of the investigating authority or the Prosecutor (criminal procedure law, article 388.5 and 6);
15.23. If the pre-trial criminal procedure combining (Kriminālpr ces law 390);
15.24. If the pre-trial criminal procedure split (criminal procedure law, art. 391);
15.25. If a decision of the pre-trial criminal procedure and criminal persecution of (criminal procedure law, art. 392);
15.26. If a decision of the pre-trial criminal procedure and criminal persecution for restoration (the law of criminal procedure, art. 393);
15.27. If the decision on the suspension of criminal proceedings (rule 400 ces Kriminālpr);
15.28. If a decision on the initiation of criminal prosecution (Criminal Procedure Law, art. 403);
15.29. If a decision on prosecution of persons criminally liable (criminal procedure law, art. 405);
15.30. If a decision on termination of the criminal proceedings against the person who significantly helped reveal a serious or very serious crime (criminal procedure law, art. 410);
15.31. If a decision on the completion of the pre-trial criminal procedure, transfer of the case to the Court (criminal procedure law, art. 412);
15.32. If the decision on the termination of criminal proceedings, a degree of releasing a person from criminal liability (criminal procedure law, art. 415);
15.33. applying the agreement and sending in pre-trial criminal proceedings Court (criminal procedure law, art. 438);
15.34. If the Court of Justice to the Court upon its jurisdiction to the beginning of the investigation of criminal cases to another court (criminal procedure law of 445);
15.35. If the Court takes a decision on the merger of the KRI minālproces (Crimea, launched the process of law, art. 475);
15.36. If the Court decides on the allocation of criminal proceedings (Criminal Procedure Law, art. 476);
15.37. If the Court takes a decision on the suspension of criminal proceedings for the interpretation of the provisions of the law (the law of criminal procedure, art. 478);
72.73. If the Court shall decide on the suspension of criminal proceedings, the accused's illness (criminal procedure law, art. 479);
15.39. If the Court takes a decision on the suspension of criminal proceedings due to the accused's flight from justice (criminal law 480);
15.40. If the Court makes a decision on termination of the criminal proceedings (Criminal Procedure Law, art. 677);
15.41. If the Court takes a decision on the transmission of all or part of the proceedings before the judicial authority, if a criminal offence has occurred, but the Court did not find it the fault of the accused person (criminal procedure law 526 of the first paragraph of article 5);
15.42. If the court terminates the criminal proceedings part of forced application of legal means of influencing person (criminal procedure law 548. the second part of the article). 16. the registry shall mark on the detection of an offence, if: 16.1 a person who committed a criminal offence is known, and a decision is taken on the prosecution of the criminal liability of the person;
16.2. a person who committed a criminal offence is known and is enough evidence of guilt, but criminal proceedings are terminated in the following happened to mo: 16.2.1. under the criminal procedure law 379. the first paragraph of article 6, paragraph 1;
16.2.2. under the criminal procedure law 379. the first paragraph of article 6, paragraph 2;
16.2.3. under the criminal procedure law 379 first paragraph of article 3;
16.2.4. due to the Amnesty Act, which prevents the imposition of penalties (criminal procedure law, art. 377);
16.2.5. If the person who called or called to criminal liability, is dead, except if the process needed to be rehabilitated for the dead (the law of criminal procedure, art. 377;)
16.2.6. If criminal proceedings against an alien or stateless person as the State border crossing that illegal for this criminal offence to forcibly expelled from the Republic of Latvia (criminal procedure law, article 377;)
16.2.7. If happened the victim and the suspect or the accused in a criminal court, which can only be initiated on the basis of the application of the injured party, except in criminal proceedings for the criminal law as provided for in article 130 of the criminal offence, if it is related to family violence (criminal procedure law, art. 377);
16.2.8. conditionally releasing a person from criminal liability (criminal procedure law, the third part of article 379);
16.2.9. materials on sending minors empowering nature of coercive measures (criminal procedure law, the second part of article 379);
16.2.10. transferring a person who is not dangerous to the public, close relatives or other care or treatment of persons in authority (592 of the law of criminal procedure, the second part of the article);
16.3. the criminal procedure, determining appropriate medical coercive measures, and the case sent to the Court medical coercive measures set away (criminal procedure law, 601). 17. Criminal offences committed by natural persons or legal persons the description the description of the interest of the criminal offence committed person, the Authority completed where: 17.1. a person called to criminal liability;
17.2. the criminal proceedings initiated against a person private prosecution cases;
17.3. separate records revealed the criminal procedure regarding another person commit a criminal offence, and it is not related to the criminal proceedings (criminal procedure law 391. the first paragraph of article 6 paragraph 1);
17.4. a criminal act committed in the interests of a legal person. 18. Fill in the criminal records, follow the following procedures: 18.1. If foreign criminal proceedings received during the pre-trial investigation stage of criminal prosecution or, criminal records are completed in the Prosecutor General's Office official, who shall decide the question of the criminal investigation;
18.2. If foreign criminal proceedings the hearing received, noziedz ga in the timecard complete offences court official, who shall decide the question of criminal proceedings;
18.3. fill in and sign the criminal records after the initiation of criminal proceedings (recovery, partitioning), or other rules 10, 11, 12, 16 or 18 that procedural steps forward to the Center to the end of the following working day;

18.4. If these provisions concluded in paragraph 8 of the agreement on the data entry online criminal records are sent to the Center after the data entered in the register. 19. the inclusion in the register of the message according to the competency can cancel the coroner and the criminal jurisdiction of the district, city or County Chief Prosecutor or his authorized the district, city or County Prosecutor who signed it, or the highest prosecutor, or his authorized prosecutor, or the President of the Court concerned, up to the end of the next working day by sending to the Registrar a copy of the decision taken and accounting documents. III. Post original registration 20. Any criminal offences and ongoing criminal proceedings originally recorded in the journal. The log indicates the following: 20.1. number;
20.2. the number of criminal cases;
20.3. the criminal offence number of criminal proceedings;
20.4. the initiation of criminal proceedings or of the date of adoption of the decision;
20.5. the criminal qualification, launching criminal proceedings (Criminal Code article, and;)
20.6. the date when accounting documents sent to the Center. 21. If, in the consideration of the criminal proceedings initiated by action in accordance with the Criminal procedure law in the first part of article 398. qualified only after its home at the crime groups object, make the relevant entries in the journal. In the process of figuring out the investigation of the crime by a particular criminal law qualifications article, for it made the tag journal. 22. in order to ensure that the criminal offence and criminal proceedings initiated a complete and unified accounting, the Center determines the number used in the criminal investigation authorities, would the prosecution and judicial code. Upon written request, receive the equestrian centre within five working days of written notice to the code assigned to the number of criminal cases. 23. the launching of criminal proceedings, then given a number (11 digit number): the first number indicates the pre-trial criminal procedure (Criminal Procedure Law, in accordance with the provisions of article 385), the second digit specifies the resort (such as the national police, the public prosecutor's Office), third, fourth, and fifth digits: the body that initiated criminal proceedings, sixth, seventh, eighth and ninth digits indicate the order number, the tenth and the eleventh digit-the initiation of criminal proceedings for the year's last two digits. IV. Message registration and accounting control 24. Registering and controlling the progress of criminal proceedings, the Centre and the institution comply with the following procedures: 24.1. If transmitted to another criminal investigation authority, Prosecutor's Office or the Court, once it is registered, and the investigation continues, without changing the number of criminal proceedings;
24.2. If criminal proceedings received from foreign countries, then in accordance with the provisions of paragraph 23 of the Prosecutor or the Court granted deciding issues on criminal investigation or proceedings;
15.1. If the criminal proceedings are stored initially assigned number. 25. the Centre each month to compare records and controls for the submission of such documents or data entry registry deadlines, as well as document filling, and data quality. The registry does not accurately and completely recorded data shall inform the head of the institution concerned. To fix, inaccurate and incomplete copy of the document with a cover letter sent back to the authorities who delivered the news. The Authority said the working document copy of the receipt and make any necessary adjustments to the relevant accounting documents shall be sent to the Center. Prime Minister a. Halloween — Minister for children and Family Affairs Minister a. Baštik of annex 1 of the Cabinet of Ministers of 4 October 2005, the provisions of no. 756 — Minister for children and Family Affairs Minister a. Baštik in annex 2 of the Cabinet of Ministers of 4 October 2005, the provisions of no. 756 — Minister for children and Family Affairs Minister a. Baštik in annex 3 of the Cabinet of Ministers of 4 October 2005, the provisions of no. 756 — Minister for children and Family Affairs Minister a. Baštik in