On Amendments To The Latvian Code The Correction Work

Original Language Title: Par grozījumiem Latvijas labošanas darbu kodeksā

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The Republic of LATVIA Cabinet of Ministers Regulation No 148 (pr. No 39 3) Issued by the constitutional order laid down in article 81 of 369 on amendments to the Latvian Code of repair work to do repair work code of Latvia the following amendments: 1. Express repair work code of Latvia's name as follows: «the Penal Procedure Code of Latvia ".
2. Make article 13 as follows: «article 13. Penitentiary type of custodial sentence executed in closed prison, partly closed prison open prison, correctional institutions, as well as minors. Penitentiary institution can organize both closed and partially closed and open sections of the prison.
Inmates custodial sentence may also endure prison investigation isolated sections of prisons and investigating economic crew. Serving a custodial sentence in the prison investigation isolated sections of prisons and investigating economic crew, convicted a of this article referred to in the first subparagraph of the penitentiary and the code of conduct provided for in article 50.5 50.4 and mode.
Underage persons sentenced to deprivation of liberty, the sentence being served in the closed prison, partially closed prisons or open prison, as well as the prison investigation isolated sections of prisons and investigating economic crew, but male minor — correctional institutions for minors, a female minor's – women's prison in separate chapters.»
3. The deletion of article 14.
4. Express article 15 the second subparagraph by the following: «sentence of convicted to custodial institutions by the Ministry of the Interior of the Prison Administration assignment.»
5. Express article 17 as follows: «article 17. Convicted of leaving prisons operating crew work, persons sentenced to deprivation of liberty, with their consent can leave the investigation prisons operating crew work, except the people who endure the punishment in closed prisons.
Persons away investigation prisons economic crew, apply partially closed prison regime.»
6. Express article 18 as follows: «article 18. Convicted of keeping the separate custodial institutions divorced custodial places there men and women as well as minors and adults. There's also the separated convicted that the personal characteristics and criminal experience negatively affected other convicted or who resist and use the other.
People in the previous detention, should be kept separate from convicts except when they agree to common deployment or involvement in joint activities, with the consent of the investigating authority or the court action is arrested.
The requirements laid down in this article is about a convicted possession do not apply to the penitentiary hospital. The people treated in this hospital, there's a type of regime, what these people down. "
7. Deletion of article 19.
8. The deletion of article 21.
9. the fourth, fifth and sixth chapters.
10. Express 41. the third paragraph of article by the following: «convicted all types of prisons and correctional institutions for minors placed in closed rooms or chambers to sleep on time, but also in closed prisons, and upbringing activities free time.»
11. in article 45:11.1 replace the first part of the word «four» with the words «the two» and the words «three States» with the words «day thirty six hours ';
11.2. the second part be deleted;
11.3. the third paragraph be considered the second part.
12. The deletion of article 45.
13. in article 47:13.1. to make the first paragraph the following wording: «convicts in prisons, allowed to receive up to eight parcels or contributions a year. One post or contribute to the gross weight may not exceed eight kilograms.»;
13.2. the deletion of the second, third and fourth;
13.3. a fifth believe the second part.
14. in article 49:14.1. to make the first paragraph by the following: convicts allowed to send and receive letters without limit.»;
14.2. the deletion of the second and third part;
14.3. the fourth part be seen as a second share.
15. To complement the seventh chapter to 50.1, 50.2, 50.4, 50.5, 50.3, 50.8 50.6, 507 and article as follows: «article 50. Progressive implementation of the fine penalty advanced execution based on the differentiation of each convicted of custodial authorities sort and mode, as well as convicted movement from one type to another type of prison prison, taking into account the part of the fine, been convicted in the crime, the nature of the earlier convictions, attitudes toward other convicts and prison staff. Its purpose is to make the execution mode of conformity in behaviour and convicted of resocializācij degree, provide a fine performance as his optimal integration into life after release.
The advanced execution system is exposed to all inmates in closed prisons, and partially closed prisons, in which the sentenced penalty exceeds one year. Convicted with fines of up to one year period applicable to the appropriate prison treatment of grade.
50.2 article. The execution plan of the month after insertion in prison or sentenced correctional institution for minors convicted to be assessed the personality, his public hazard, resocializācij possibilities and according to the information obtained must be created in the execution of convicted plan providing for measures throughout the execution.
50.3 article. Execution mode setting execution mode in closed prisons, partially closed prisons, in open prisons and correctional institutions for minors is determined by this law, which provides for: 1) the execution mode of the progressive relaxation, to promote resocializācij and convicted into life after parole;
2) execution mode hardening.
Convicted with his written consent, if he is not punished and disciplinary action if it contributes to the integration of his life after release, once served not less than one half of the penalty time can be moved from a closed prison to the highest degree the regime partially closed prisons average mode, but once served not less than two-thirds of the fine weather, partly closed prison, from the highest grade on the open regime prison.
For life convicts and persons to whom the death penalty has been replaced with a custodial sentence to be served in the closed prison for not less than ten years. These people partly closed prison to be served not less than five years from the date of placing this institution.
A separate disciplinary breach or gross and systematic breaches of discipline for which the convicted in accordance with the procedure laid down in this Code apply to disciplinary penalties, with her court can be moved from the open prison to a closed prison in part the lower mode, but from a closed prison to a closed prison, the lowest mode.
50.4 article. Execution mode in a closed prison in Closed prisons start sentence persons who changed the death sentence to imprisonment, persons sentenced to life imprisonment and persons who have committed serious crimes, except minors and women.
In closed prisons have been convicted of security enhanced and monitoring.
Inmates serving sentences three degrees — the lowest mode, middle and upper.
Inmates initiated penal regime below grade, and at that stage to be served not less than one-fourth of the sentenced penalty, one fourth-grade average mode, but the rest is fine — the highest grade mode. From the highest grade them with a regime decision of the Administrative Commission may further be transferred to penal for partially closed prisons or by a decision of the Court of Justice in accordance with the procedure prescribed by law conditional release before the deadline.
The fourth paragraph of this article shall not apply to persons sentenced to life, and the person who changed the death sentence to imprisonment. These persons in the lowest grade mode to be served not less than eight years, the average grade mode — twelve years from the beginning of time.
Inmates for life and the person who changed the death sentence to imprisonment, deployable in a separate prison block with enhanced security, avoiding contact with other prisoners. Convicted that sentence in a closed prison at the lowest mode, you can deploy the savrupkamer for a period of up to six months.
Convicted in closed prisons have the right to: 1) highest grade: a) mode to use six long and six short of meeting this year in accordance with the provisions of article 45 of the code;
(b)) to receive six contributions or shipments this year in accordance with article 47 of the code;
(c)) use the full amount of money that, in accordance with article 43 of this code set in closed prisons convicted;
2) average grade: a) mode use four long and five short meeting per year;
(b)) get four contributions or mailings a year;
(c) 75% of use) amount of money that can be used to sentence convicts in higher grade mode; 3) lowest grade: a) mode to use three long and three short meeting per year;

(b)) get three shipments per year or contributions;
(c)) use 50% of the amount of money that can be used to sentence convicts in higher grade mode.
50.5 article. Execution mode partially closed prisons in part in closed prisons start sentence minors convicted men for intentional crimes which are not heavy, as well as convicted women.
Partially closed prisons are convicted in the guard and constant monitoring.
Inmates serving sentences three degrees — the lowest mode, middle and upper.
After inserting the jail sentenced to one fifth of the sentence to be served in a fine time in the lowest grade one mode fifth divided — the average mode, the remaining penalty will divide — the highest grade mode. That sentence convicted the highest mode, may by decision of the Administrative Commission to transfer to an open prison or by a decision of the Court of Justice in accordance with the procedure prescribed by law conditional release before the deadline.
Inmates who are on a partially closed prisons transferred from a closed prison, the sentence in the medium mode.
Convicted in closed prisons is partly right: 1) highest grade: a) mode to use eight long and eight temporary rendezvous a year;
(b)) to get eight contributions or mailings a year;
(c)) use the full amount of money that, in accordance with article 43 of this code certain convicted in closed prisons in part;
(d)) with the permission of the warden and the penalties for convicted Prosecutor may authorise the temporary leave outside the prison area to seven 24-hour annual. Time when the convict was outside the territory, including the prison sentence;
2) average grade: a) mode to use six long and six short meeting per year;
(b)) to receive six contributions or mailings a year;
(c) 75% of use) amount of money that can be used to sentence convicts in higher grade mode;
3) lowest grade: a) mode use four long and four short meeting per year;
(b)) get four contributions or mailings a year;
(c)) use 50% of the amount of money that can be used to sentence convicts in higher grade mode.
50. article. Execution mode in open prisons in open prisons, parole is initiated by the person who committed the crime of negligence, and for the first time sentenced with imprisonment of up to one year for deliberate crimes.
In one open prison holds convicted men and women.
The open prison for residential and commercial spaces can be delimited with a fence without external guarding, but convicted the watch. With the permission of the administration of the prison inmates can move without surveillance outside the prison territory.
If the convict is not disciplinary punished in the last 30 days, with the permission of the warden once a month he can leave outside the prison territory for a period of not more than two, but the 24-hour celebration, up to five daily.
Convicted in open prisons mode determines the degree.
50.7 article. Execution mode for education institutions, correctional institutions for minors minors a custodial sentence for the launch of male minors sentenced.
Convicted minors who have reached eighteen years of age, with the decision of the Court can be moved to the custodial authorities convicted minors.
To strengthen resocializācij results and give you a chance to get a general education or vocational training, the convicted who have reached eighteen years of age, you can leave the correctional institution for minors until the penalty expires, but no longer than up to twenty one years of age.
The convicts who have reached eighteen years of age and which are in accordance with the third paragraph of this article left upbringing institution for minors, convicted minors apply a certain mode, terms of employment, food, material and domestic conditions.
Execution order of institutions bringing up minors zoom in regular school requirements, the regulation of the Minister of the Interior approved the Statute, which agreed with the Attorney General, as well as with the education, culture and Science Minister.
50.8 article. Penitentiary of the Administrative Commission in each penitentiary establishment and investigation of the prison with the Interior Minister's order establishing the penitentiary of the Administrative Commission.
The penitentiary authorities Chairman of the Administrative Commission is the warden, the members of the Commission are the prison staff as well as State, local, and community representatives. The Commission's hearing Prosecutor required to participate, they can also participate in the lawyer.
Penitentiary to the Interior Minister of the Administrative Commission in accordance with the procedure laid down in decisions about softening or hardening of the regime convicted one kind of prison, convicted of the transfer closed on partially closed prisons, from partially closed prisons to established, submit proposals to the Court on conditional release convicted before the deadline, as well as the transfer of the convicted of open prisons to partially closed prisons and partially closed prisons from closed prisons.
Custodial authority of decisions of the Administrative Commission may be entering or judicial review of the code of criminal procedure of Latvia.»
16. Article 61 of the expression as follows: «article 61. Convicted in the Council in a closed, semi-closed and open prisons creates a convict.
Closed and partially closed prisons in which inmates are divided into the lower grades, convicted in the Council are not elected and not take part in its work.
The Council is elected by the convicted sentenced general meetings or meetings of their representatives. The Council confirmed the sentenced prison Chief.
Convicted on its work, the Council regularly reports sentenced meetings. Decisions taken by the Council convicted shall be approved by the warden. "
17. in article 68:17.1. deletion of the first part of paragraph 10 and 11 and the second paragraph of article;
17.2. the third share to be considered the second part.
18. The deletion of article 69.
19. Article 70 of the expression as follows: «article 70. Penalties for persons deprived of liberty On penal treatment violation of convicts may lead to the following penalties: 1) warn;
2) rebuke;
3) prohibit for a period of up to one month to buy food;
4) prohibit the routine contributions or consignment;
5) prohibit the current meeting;
6) convicted, sentences served in prisons, put the penalty isolator for up to fifteen 24-hour;
7) convicted, sentences served in correctional institutions for minors, insert the insulator in the disciplinary and ten 24-hour.
Women's prison with infants and pregnant women must not insert the penalty isolator.»
20. in article 71:20.1. delete the second, sixth, seventh, eighth and tenth divided;
20.2. the third paragraph be considered the second part of the third, fourth, fifth and ninth on the fourth part of the fifth.
21. The deletion of article 73.
22. The deletion of the second paragraph of article 74 the words «repealing them enriched conditions laid down in article 23 of this code, in the fifth paragraph of article 25, in the fourth paragraph of article 36 and the third subparagraph of article 32 of the».
23. throughout the text the code to replace: 23.1. the words «repair work» with the words «law penalty enforcement law ";
23.2. the words «repair work colonies», «colonies» and «repair» with the words of institution «prisons ';
23.3. the words «upbringing work colonies» with the words «correctional institutions for minors ";
23.4. the words «investigation isolators» with the words «investigative prisons ";
14.6. the words «repair» with the words «liberty».
Transitional provisions 1 to 15 September 1994 to create Latvian penal procedure code in article 50.8 in the penitentiary of the Administrative Commission.
2. Inmates who are serving sentences in General, and particularly strict regime penitentiary work colonies and prisons, in accordance with the code of penal procedure, article 50, partly closed deployable in a closed and open prisons until 31 December 1996.
3. the rules shall enter into force on the date of their publication.
Prime Minister v. Birkavs Interior Minister» v. Kristovskis 1994 in Riga on august 2.

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