Stored Procedures, Feasible And Must Be Real Evidence And The Other Removed Items Whose Storage Is Not Possible Or To Criminal Proceedings Which Are Perishable

Original Language Title: Kārtība, kādā glabājami, realizējami un iznīcināmi lietiskie pierādījumi un citi izņemtie priekšmeti, kuru glabāšana pie krimināllietas nav iespējama vai kuri ātri bojājas

Read the untranslated law here: https://www.vestnesis.lv/ta/id/99406

 
Cabinet of Ministers Regulations No. 12 in Riga in 2005 (4 January. Nr. 1 § 33) stored procedures, feasible and must be real evidence and the other removed items whose storage is not possible or to criminal proceedings which are perishable are Issued in accordance with article 64 of the code of criminal procedure, second subparagraph, and article 65 of the second part of rule 1 shall be determined: 1.1. institutions which store items of evidence and other items removed if it is not possible to keep to the criminal proceedings;
1.2. the arrangements for the feasible and must be real evidence and the other removed items, perishable and cannot be returned to the owner or long-term storage of which cause injury to the State.
2. Trace evidence and other items which cannot be stored at the criminal proceedings, as well as trace evidence and other items that are perishable and cannot be returned to the owner or long-term storage causes loss of State (hereinafter referred to as the removed items), after their removal, and 64 of the code of criminal procedure of Latvia and article 65 of the operations provided for in the cognitive, Prosecutor or judge the perpetrators of substantiated ruling puts subordinated to the Ministry of the Interior to the State Agency for Material reserves "(further – the Agency) storage for disposal or destruction.
3. Inquiries regarding reasonable ruling on destruction of withdrawn items shall be taken in the following cases: 3.1 if they deemed unfit for distribution in accordance with the food business regulatory laws;
3.2. If the expected marketing expenses exceed estimated revenue.
4. The Court, Prosecutor or the cognitive authority (hereinafter law enforcement authority) removed subject records and is responsible for their maintenance until the transfer to the Agency.
5. After the process of transforming the ruling on the transfer of items withdrawn for storage, disposal or destruction of law enforcement authority without delay, but not later than within three days: 5.1. writing (if necessary-also electronically) shall notify the Agency;
5.2. the withdrawn items along with a certified criminal inspection protocol annexed to the copy of the certified copy of the decision and shall transfer to the Agency.
6. the Agency after the prescribed in paragraph 5.2 of the rules of receipt of documents: 6.1. immediately, but not later than within three days and recorded the withdrawn items, creating objects and withdrawn transfer Act (annex 1) in two copies, one of which is stored at the criminal cases and the other for the Agency;
6.2. organise immediately removed the item storage, marketing or destruction;
6.3. create object evaluation withdrawn (enforcement, destruction) Commission (hereinafter the Commission);
6.4. create a special deposit account the netting of revenue generated, realizing the withdrawn items (hereinafter referred to as deposit accounts), and to control the revenues paid to the deposit account. Revenue gained, realizing the withdrawn items stored in the deposit account until a final ruling for criminal proceedings.
7. the Commission shall be established by an order of the Agency Director. The Commission included: 7.1. representatives of Agency;
7.2. the representatives of the institutions that control the existing objects is removed or destroyed;
7.3. the merchant or a representative of the institution, which distributes or destroy the withdrawn items;
7.4. the representative of the institution, which removed the relevant articles;
7.5. the subject of the withdrawn storage representative of the authority responsible;
7.6. the professionals (experts), if you need professional (expert) participation in the work of the Commission.
8. the Commission shall, before the disposal of withdrawn or destruction of objects evaluated the withdrawn items, taking into account existing in Latvia the average market prices of items withdrawn at the time of the evaluation and the evaluation of at least three comparable offers. The Commission removed the subject of the evaluation may invite one or more certified evaluators.
9. the Commission's assessment of the record of the description of the items removed and the assessment Act (annex 2). Act shall be drawn up in duplicate. One copy is kept at the criminal cases and the other for the Agency. This Act shall be signed by the members of the Commission and approved by the Director or his authorized person. The Act removed the items recorded in the accounting register (annex 3). Each act of the individual case, the equipment in which the preservation of all the documents relating to the case.
10. Remove the object and the accompanying transfer Act is that the withdrawn items are transferred to the Agency for disposal or storage for destruction.
11. food and veterinary supervision of existing storage items removed, disposal or destruction shall be carried out under the supervision of the food and veterinary regulatory requirements of the Food laws and the supervision of the veterinary service.
12. the Agency, withdrawn objects implements the following: 12.1. distributes itself or contract with a trader or body subject to have been removed;
12.2. sell the withdrawn items auctions organised by the head of the Agency approved the auction rules or contracts with merchants or institutions on the subject of the disposal of withdrawn auctions. Auction tools is mandatory if the removed items total value exceeding 10000 lat (this provision does not apply to remove items that are perishable);
12.3. ātrbojīgo and others, the withdrawn items that you may not realize, as well as the withdrawn items with which the realization of the related proposed expenditure exceeds the expected sales revenue, be transferred to the national or local authorities to use according to their job. If the removed objects logged in more institutions, priority shall be given to applying it first. State and local authorities about the removed objects, which they have received, made records accounting records.
13. the Agency at least five working days before the expected disposal of withdrawn or destruction of objects placed advertisements in the media, inviting log items withdrawn owner or his authorised representative, as well as other interested persons.
14. the Agency, withdrawn objects destroyed itself or contracts with merchants or destruction.
15. The withdrawn items destroyed, respecting the environment, in accordance with the laws and regulations governing relevant areas.

16. the Commission, in deciding on the disposal of withdrawn subject matter, assess the situation, as well as the transport and disposal of the related expenditure and expected to choose the financially most cost-effective disposal, drawing up the Protocol.
17. The withdrawn items destroyed in the presence of the Commission. The members of the Commission before the destruction of withdrawn items check compliance with the common subject-matter description of withdrawn and Assessment Act. If non-compliance is identified, the Commission shall without delay inform the law enforcement authorities.
18. On the subject of the disposal of withdrawn withdrawn shall be drawn up for the destruction of objects Act (annex 4).
19. The Agency shall, not later than 10 working days, inform the driver of the process of ruling on the subject of the withdrawn storage, disposal or destruction of the execution, forwarding this fact, as well as the supporting documents submitted estimates of the costs associated with the storage of items withdrawn, marketing or destruction to these costs include court costs.
20. If the driver of the process could not execute a decision, 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.
21. the agency that adopted the belongings in storage for disposal or destruction, is responsible for the integrity of the objects not removed and saglabātīb from the time of acceptance.
22. The withdrawn items taken by the Agency, banned putting temporary use of legal or natural persons, as well as buying agencies and other institutions, which detained, removed it and described the relevant property.
23. Expenses related to the storage of items withdrawn, marketing or destruction and is evidenced in documentary, covered from the State budget funds allocated to the Agency for that purpose.
24. Law enforcement authority for action with the removed objects resulting from the process of transforming the final ruling in the criminal proceedings adopted immediately, but not later than within three days inform the Agency, as well as the owner of the items removed, if a final judgment in criminal cases provides for return of items withdrawn or their compensation.
25. If the driver of the process, a final judgment in criminal cases provides for the return of items withdrawn or their compensation, removed the object owner draws in the Agency an application for return of items withdrawn or their compensation. The person's application process is added to the driver's judgment (judgment, the decision on the termination of criminal proceedings), which decided on the subject of return withdrawn or their compensation to the owner.
26. the Agency shall, without delay, but not later than within five working days of the appearance of the application and the owner shall take a decision on the return of withdrawn subject to the owner, if they are not disposed of or destroyed, or the compensation or damages items removed with the same species and the same quality items.
27. If the removed items are placed in storage, the withdrawn items be returned to the owner of the storage location. Remove the object owner 15 days following the decision of the Agency have the right to be withdrawn, without paying for it. If the owner does not take over the withdrawn items within this agency the withdrawn items shall be returned to the owner after owner is withdrawn subject matter covered the expenses incurred in connection with the storage of items withdrawn after the expiry of 15 days to remove the object of a takeover. On the subject of return withdrawn, the Agency shall draw up a certificate of items withdrawn.
28. If the removed items are realized, the owner of this rule 6.4. revenue referred to pay the value of withdrawn items at the time of refund or reimburse the withdrawn items with the same species and the same quality items, taking into account the description of the items removed and assessment of value, deducting the expenses not related to the subject of the withdrawn storage and marketing.
29. If the removed items are destroyed, the owner to pay the damages out of the amount of the assessment of damages to pay the brīdīv the withdrawn items with the same species and the same quality items, taking into account the description of the items removed and assessment of value, deducting the expenses not related to the subject of the withdrawn storage and destruction.
30. If the final ruling of the promoters of the process provides for the reimbursement of the subject with the withdrawn 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".
31. at the time of the reimbursement is considered to be the moment when the process of ruling on the driver removed the subject of compensation to the owner has entered into legal force.
32. If the removed item owner within three months from the date of entry into force of the promoters of the receiving process, remove the object owner or return it to the compensation does not take over the atdodamo of the withdrawn items or does not apply to an agency with a request for reimbursement of the value of the object withdrawn: 32.1. the Agency two weeks before the expiry of a period of three months, inform the owner of the removed items for disposal or transfer for disposal;
32.2. the Agency disposed of or destroyed the withdrawn items if the owner one month after the expiry of three months from the last day of the atdodamo will not be taken over the withdrawn items;
32.3. subject owner removed that rule 32.2. the case is referred to the right to apply to the Agency for the application of the realized or disposed of items withdrawn compensation pursuant to paragraph 27 of these regulations.
33. the Agency's decisions can be challenged, but the Ministry of the Interior Ministry's appeal against the decision of the Court under the Administrative Procedure Act.
34. paragraph 32 of these provisions in case the Agency including the State general revenue: 34.1. income generated, realizing the withdrawn items;
21.3. the financial means of realizing the withdrawn items, and located on the deposit account.

35. If the driver of the process of ruling provides the confiscation of objects removed, removed items become State jurisdiction. The Agency, withdrawn objects or money (if the removed items are disposed of), together with a description of the items removed and the evaluation process and a copy of the requested ruling immediately, but not later than five days transferring the State revenue service territorial institution.
36. If the removed items become State jurisdiction when the Agency already has begun realization or destruction of property, the Agency completed this process and then make this provision set out in paragraph 35.
37. Remove the object description and assessment of legislation is a mandatory form, and agency records and store them under the mandatory document tracking and storage requirements.
Prime Minister a. Halloween Justice Minister s. Āboltiņ Note: the wording of regulations shall enter into force with the 14 January 2005.