The Rules On The Treatment Of Items Of Evidence And Arrested The

Original Language Title: Noteikumi par rīcību ar lietiskajiem pierādījumiem un arestēto mantu

Read the untranslated law here: https://www.vestnesis.lv/ta/id/117721

Cabinet of Ministers Regulations No. 726 in Riga in 2005 on September 27 (Mon. No 54 45. §) rules on the treatment of items of evidence and arrested the criminal proceedings Issued under article 237 of the law of the first and third subparagraphs, the third subparagraph of article 239, 365. the third paragraph of article i. General provisions 1 the questions determines: 1.1. institutions in which they stored items of evidence that can not be stored together with other criminal cases and may be specially provided for this purpose, as well as the premises into evidence storage procedures;
1.2. special institutions for which the deposit of money, securities, jewelry, precious metals and precious stones, poisonous, narcotic drugs and psychotropic substances, precursors, radioactive and other strategic materials as well as weapons, ammunition and explosives, which is evidence;
1.3. the order in which you transfer the realization or destruction of these items of evidence that long-term storage is not possible and you can not give the owner or lawful possessor, or prolonged storage of which cause injury to the State;
1.4. storage space and order things whose circulation prohibited by law, as well as money, currency and securities issued by banks for credit, bills of Exchange, shares and other instruments of money, articles of precious metals and jewels, as well as precious metals and precious stones, if they are arrested.
II. Institutions in which to store the items of evidence 2. Money that its specific characteristics is recognised as evidence, as well as securities issued by banks for letters of credit, bills of Exchange, shares and other instruments of money, jewelry, precious stones and precious metals (packaged and stamped) stores only the Prosecutor or the investigating authorities into evidence storage Vault.
3. Money that do not need to save the money in bonds, and keep the General Prosecutor's Office of the relevant investigation authority or the special deposit account.
4. the weapons and their components, ammunition and components thereof, explosives and explosive devices and their components, toxic substances and components, the narcotic drugs and psychotropic substances, precursors, shall be kept in the pre-trial investigation authority in the premises, equipped with a security alarm and secured by armed guards. After inspection of these items stored in the national police inspection authorities until entry into force of the decision on the final disposal of the material evidence.
5. Radioactive Substances and other strategic materials with specialized national institutions.
6. Exhibits evidence that relocation is not possible, store it in the location, and shall be deposited in the natural or legal person.
7. Trace evidence that may be provided for this purpose in particular premises, the driver of the process shall be deposited in the subordinated to the Ministry of the Interior to the State Agency for Material reserves "(further – the Agency) to the final question for decision on further action in that particular case.
8. the driver shall take into evidence records and is responsible for their maintenance to surrender to the relevant authorities referred to in this chapter.
III. the evidence storage, disposal and destruction process 9 driver for trace evidence that long-term storage is not possible and you can not give the owners or rightful possessor or prolonged storage of which cause injury to the State Agency for disposal or transfer for disposal.
10. the driver for the decision on the destruction of evidence is accepted in the following cases: 10.1 if real evidence deemed unfit for use or distribution or dissemination prohibited under laws and regulations;
10.2. If the expected marketing expenses exceed the expected revenue;
10.3. If the items of evidence are hazardous to the environment.
11. the driver shall promptly, but not later than three working days after the decision on the transfer of the evidence to the Agency their storage, disposal or destruction of: 11.1. writing (if necessary, including by electronic means) shall notify the Agency;
11.2. trace evidence in criminal cases, together with a certified inspection protocol annexed to the copy of the certified copy of the judgment and shall be referred to the Agency for its premises or the location of the evidence.
12. the Agency after this rule 11.2. above bottom of receipt of documents: 12.1 immediately, but not later than within three working days of the adoption and lists the evidence and exhibits into evidence or arrested of the reception and transmission of assets Act (annex 1) in duplicate. One of the EC semplār the occasion of criminal proceedings, and the other in the Agency;
12.2. immediately organized into evidence storage, disposal or destruction;
12.3. a evaluation of evidence (the realization or destruction) Commission (hereinafter the Commission), except when the items of evidence the Agency is deposited;
12.4. a special deposit account the netting of revenue generated through new evidence (hereinafter referred to as deposit accounts), and to control the revenue paid to the deposit account. Revenue generated through exhibits evidence of deposit account can be stored until a final ruling in the criminal proceedings and for the increased amount is accumulated, pārkontēj to the next tax year;
12.5. installation separate things, which kept all documents pertaining to the promoters decision process.
13. the Commission establishes the Agency's Director, issued the order. Panelists include: 13.1. agency representative;
13.2. a representative of the institutions that control to the relevant items of evidence;
13.3. the merchant or institution representative, which items of evidence passed to the realisation or disposal;
13.4. the evidence storage, the responsible person;
13.5. professionals (experts) (if required).
14. before evidence of the realization or destruction of their assessment by the Commission, taking into account existing in Latvia average market prices into evidence at the time of the evaluation and the evaluation of at least three comparable offers. The Commission's assessment of the evidence may invite one or more certified evaluators. Trace evidence does not evaluate if they are destroyed in accordance with the provisions of paragraph 10.1 or 10.3.
15. the Commission's assessment of the evidential record description and evaluation of the Act (annex 2). Act shall be drawn up in duplicate. One copy is added to the criminal, but the other store in the Agency. This Act shall be signed by the members of the Commission and approved by the Director or his authorized person. Recorded evidence of the acts of the accounting register (annex 3).
16. Evidence of the reception and transmission of the accompanying document is a transfer trace evidence in the possession of the Agency for disposal or destruction.
17. Trace evidence disposed of or destroyed in accordance with the appropriate scope of the regulatory laws, respecting the environment. Trace evidence that surveillance is a food and veterinary service, competence of written agreements with the food and veterinary service implements or destroyed under the supervision of the food and veterinary regulatory laws and requirements.
18. the Agency exhibits evidence distributes the following: 18.1. distributes itself or the switch with the merchant or the institution of the contract for the realization of the evidence;
18.2. sell trace evidence auctions organised by the head of the Agency, in accordance with the approved rules of the auction, or contracts with merchants or institutions for disposal of evidence auctions. The auction of the organisation is obligatory if the evidential value of more than 10000 dollars, except trace evidence that is perishable;
18.3. ātrbojīgo and other trace evidence that may not realize, as well as trace evidence, that the realization of the related expenditure exceeds revenue is expected to be transferred to the national or local authorities for use according to their purpose of use. The evidence on the Internet claim more authority, priority shall be given to applying it first. State and local authorities about received items of evidence kept accounting records.
19. the Agency at least three working days before the upcoming sales or evidence of the destruction put advertisements in the media.
20. the Agency exhibits evidence destroyed or closed by merchants or institutions contract for their destruction.
21. the Commission, acting on the destruction of evidence, assess the situation, as well as the transport and disposal of the related expenditure and expected to choose the financially most cost-effective disposal, and draw up a protocol.
22. Trace evidence or destroy the Commission disposes of the presence. The members of the Commission before the evidence examination of marketing or destruction with the evidence and the assessment of the description of the Act. If non-compliance is identified, the Commission shall immediately inform the driver of the process.

23. On the destruction of evidence shall be drawn up for the destruction of the evidence Act (annex 4).
24. the Agency shall, within 10 working days, inform the driver of the process of ruling on the evidence of the realization or destruction and send that evidence of facts, as well as submit estimates of costs associated with the storage of evidence, the realization or destruction to these expenses include expenses of the Court.
25. If the driver of the process it is not possible to execute the judgment or ruling raises the State execution of the losses, the Agency shall, without delay, but not later than within five working days, inform the driver of the process on the need to adopt a different ruling. Process guide evaluates the information provided by the Agency and 10 working days, inform the Agency of the ruling.
26. the agency that adopted the trace evidence storage, disposal or destruction, is responsible for evidence integrity and not saglabātīb of their adoption.
27. New evidence that the Agency take accounting, forbidden to put temporary use of legal or natural persons, as well as those prohibited from buying agencies and other institutions employees (including those who are detained, have removed or recorded the property).
28. Expenses related to evidence storage, marketing or destruction and is evidenced in documentary, borne by the Agency for this purpose assigned to the national budget.
29. If a final judgment in criminal cases provides evidence of their return or compensation, process Guide for the treatment of the evidence of things immediately, but not later than three working days and inform the Agency in writing of the owner of the removed.
30. Evidence of the owner has the right to apply to the Agency for the application of the evidence-or their compensation. The person's application process is added to the driver a certified judgment (judgment, the decision on the termination of criminal proceedings) a copy of the evidence-or their compensation.
31. the Agency shall, without delay, but no later than five working days looking into evidence the owner's application and adopt a decision on the evidence-the owner, if they are not disposed of or destroyed, or compensation or reimbursement with evidence of the same species and the same quality items.
32. If the real evidence is realized, the Agency shall reimburse the owner of this rule 12.4. revenue referred to the value of the evidence at the time of reimbursement or pay with the same species and the same quality items, taking into account the evidence and assessment of the Act describes the specified assessment (not deducted the expenses related to the evidence storage and disposal).
33. If real evidence is destroyed, the owner reimburse the loss of evidence assessment amount at the time of reimbursement or pay with the same species and the same quality items, taking into account the evidence and assessment of the Act describes the specified assessment (not deducted the expenses related to the evidence storage and disposal).
34. If the driver of the process of final judgment provides evidence of the reimbursement of the same species and the same quality items, the Agency for the purchase of the subject concerned apply the law "on procurement for State or local government needs".
35. at the time of the reimbursement is considered to be the moment when the process of transforming the ruling on evidence holder compensation has become final. The assessment of the evidence at the time of reimbursement established this rule 12.3. the Commission referred to the bottom.
36. the evidence the owner within three months from the date of entry into force of the promoters of the receiving process evidence-owner or their values, go to the Agency with a request for return of evidence or their compensation or within three months from the date of entry into force of the decision of the Agency for the return of evidence or evidence of the reimbursement of the same species and the same quality items the owner of atdodamo, takes on new evidence or the purchase of the same species and the same quality items to cover the evidence.
37. the Agency two weeks before this provision 36. expiry of the period referred to in paragraph 1 shall inform the owner about the evidence for sale or transfer for disposal.
38. If the owner of the evidence in the month following that rule 36. expiry of the period referred to in paragraph 1 shall not be taken over by the then atdodamo of trace evidence, the Agency disposed of or destroyed.
39. the owner of this evidence rules 38. in the case referred to in paragraph has the right to apply to the Agency for the application of the evidence destroyed or compensation, if the owner of the bear into evidence storage, or destruction of the implementation costs.
40. the Agency, in paragraph 38 of these rules carried out even if the evidence the owner refuses to take over the writing of trace evidence atdodamo or buy the same species and the same quality items to cover the evidence.
41. the Agency's decisions can be challenged in the Ministry of the Interior. The Ministry's decisions can be appealed in court.
42. This provision, paragraph 38, in the case referred to in the Agency including the State general revenue: 42.1. income generated through new evidence or the purchase of the same species and the same quality items to cover the evidence;
26.2. the financial resources obtained through evidence and exhibits located in the deposit account.
43. Within five working days after the ruling on the confiscation of evidence receiving Agency: UR43.1.par it in writing (including electronic if necessary) shall notify the State revenue service territorial authority (according to evidence location);
43.2. unrealised trace evidence, together with evidence and Assessment Act description and process a certified copy of the judgment submitted shall be referred to the State revenue service territorial authority (according to evidence the location). If real evidence is realized, the Revenue Agency from deposit account is transferred to the State revenue service designated State budget account, and submit the documents referred to in this subparagraph shall state revenue service territorial institution (according to the location of the Agency).
44. If real evidence becomes State jurisdiction when the Agency already has begun realization or destruction of property, the agency completes this process.
45. the evidence or arrested of the reception and transmission of assets Act, the evidence Act and the assessment of the description and the destruction of the evidence Act is a mandatory form, and the records of the Agency and keep under the mandatory document tracking and storage requirements.
IV. the storage of Seized 46. Things whose circulation is prohibited by law, as well as money, currency and securities, letters of credit issued by the bank, bills, shares, and other fine documents, articles of precious metals and jewels, as well as precious metals and precious stones, if they are arrested, and can keep them in their original location, stored under this provision, (II) section.
V. closing question 47. Regulations shall enter into force by 1 October 2005.
Prime Minister, Minister of culture (H). The Minister of Justice place demakova, Minister e. Repše Editorial Note: regulations shall enter into force by 1 October 2005.
 
1. the annex to Cabinet of Ministers 27 September 2005 Regulation No 726 of the Justice Minister, the Defense Minister e. Repše annex 2 Cabinet of 27 September 2005 Regulation No 726 of the Justice Minister, the Defense Minister e. Repše annex 3 Cabinet of Ministers 27 September 2005 Regulation No 726 of the Justice Minister, the Defense Minister e. Repše annex 4 Cabinet 27 September 2005 Regulation No 726 of the Justice Minister, the Defense Minister e. Morgan