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The Order In Which The National Probation Service Provides Additional Penalty-Probation Supervision-Enforcement

Original Language Title: Kārtība, kādā Valsts probācijas dienests nodrošina papildsoda – probācijas uzraudzība – izpildi

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Cabinet of Ministers Regulations No. 562 in Riga on 16 august 2012 (pr. No 46 7) order in which the national probation service provides additional penalty – probation supervision-enforcement Issued in accordance with the national probation service article 11.1 of law i. General questions 1. determines the order in which the national probation service (hereinafter service) provides the additional penalty, probation supervision (hereinafter referred to as probation supervision). 2. Probation monitoring goal achievement provides, motivating the person to a court order or a Prosecutor's statement on the probation supervision (probation client), to respect the moral and legal norms and monitoring of the performance of professional and criminal laws and regulatory obligations. II. enforcement of the probation supervision probation supervision by the organisation 3. ensure the implementation of the territorial unit of service (hereinafter referred to as the Department), where the area is in the probation declared residence customers. 4. If the customer has declared the probation residence and additional address or details of the place of residence declared void or is not declared residence, probation customer indicate their place of residence in the territory of which he undertakes through this provision the additional penalty referred to in paragraph 1, and their address, in which he undertakes to receive correspondence addressed to himself. 5. If the customer of the probation supervision probation runs resident outside the declared place of residence, probation supervision, on the basis of the customer's application, the probation provides the other unit that is determined by the Service Manager or his or her delegated officials. 6. If the performance of the probation supervision, together with the criminal-forced labor-the one unit. 7. Information on probation supervision ensuring compliance officers (hereinafter officials) indicate the probation clients used according to laws and regulations that govern the use of the probation, the customer's design, transfer, termination, renewal and storage procedures, as well as information to be included in the database and the inclusion and use of the information. 8. After the arrival of the client, the probation to register for probation supervision, official: 8.1 make sure that probation identity of the client; 8.2. record probation client; 8.3. the customer then takes the probation; 8.4. explain probation to the client or of a ruling on the Prosecutor's statement, the rights and obligations under these terms and enforcement of regulatory criminal laws; 8.5. determine the customer's duties of probation (with certain restrictions) to probation supervision for the preparation of the plan and their content under these rules and the enforcement of criminal laws, regulatory as well as explaining the respective responsibilities. 9. signature of the client with the probation declares that he is aware of the criminal sanctions enforcement officials and regulatory laws and obligations. One copy of the certificate shall be issued to the customer, the second probation is added to the customer's use of the probation. 10. For each of the next arrival time probation issued an invitation to the customer. Probation on the invitation of the customer receipt with a signature. 11. The invitation shall: 11.1. probation the customer's name, surname, personal code, or messages that help to identify the person, if the person is not registered in the population register; 11.2. the Probation Department to attend the customer; 11.3. the date and time when the Probation Department to attend to the customer; 11.4. the officials to which customer must appear before probation; 11.5. the officer's phone number; 11.6. the invitation; 7.3. the possible consequences of absence. 12. the invitation of probation shall be sent by post to the customer if the customer: probation 12.1. refuses to certify receipt of the summons; 12.2. the unit does not appear for any valid reason, and it has warned officers and officials could not provide a client coming in through other means of communication. 13. within six weeks of the Probation Department of the first arrival of a client Executive of probation supervision plan. 14. the probation supervision plan include: 14.1. information about monitoring purposes; 14.2. measures necessary to achieve the objectives of the supervision of the probation, and exercise; 14.3. the officers of the obligations under the supervision of a probation and their content. 15. The officer presents the customer with probation probation supervision plan, and probation is evidenced by the signature of the customer. 16. the probation supervision plan shall be drawn up in duplicate. One copy shall be issued by the customer, the second probation is added to the customer's use of the probation. If the probation clients unduly refuses to sign the probation officer supervisory plan, send it by mail to the customer of the probation. 17. The officer not less frequently than once every six months to review the probation supervision plan. If the probation supervision plan amended, probation with those of customers and he was presented with the caption declares that he is aware of the amendments. If the probation clients unduly refuses to sign the probation supervision plan amendments, send them to the probation officer for the client by mail. 18. If the time limits referred to in these provisions of the probation clients supporting reasons it is not possible to involve probation supervision plan or to present him with the amendments, it shall, as soon as it becomes possible. 19. If the time limits referred to in these provisions of the probation supervision plan is not possible to create or probation, it is not possible to present the customer with the amendments, because the probation without valid reason, the customer does not comply with the performance of official or criminal laws governing certain duties, the officer is acting according to the rules referred to in chapter VI. Probation monitoring plan be drawn up or not amendments to the probation supervision plan shall not be made if the Officer prepares and sends the application to the Court with a request to replace the supervision of probation to imprisonment. 20. Ensuring compliance, monitoring the probation officer: 20.1. discussion and motivates the customer to comply with probation generally accepted social, moral and legal rules; 20.2. in accordance with the competency provides support and advise the probation clients social issues; 20.3. the assess of the crime causes and reuse of the crime risk and determine the probation to the customer one or more enforcement of criminal laws and regulatory obligations and their contents or cancel the above obligations; 20.4. controls how the probation officers and the customer shall carry out the enforcement of criminal laws and regulatory obligations; 20.5. examining and explaining the probation supervision issues; 20.6. makes decisions in relation to the prevention of deviations from the officials in the specified order; 20.7. checks information about probation clients in Latvia registered personal data processing systems in order to assess the causes of the crime and the repeating of the crime risk, as well as to comply with the reporting obligations of officials. 21. In agreement with the probation officer determined the customer appointments, probation supervision Department during workdays from 8.00 a.m. to noon. 21.00.22. Submission with a request to allow the running away from home for a period longer than 15 days, the customer shall submit in writing to the Probation Department 15 days before the scheduled departure. The application shall state: 22.1. the grounds for the request; 22.2. the address where the client will be within reach of probation; 22.3. contact numbers; 22.4. the date when the probation the customer undertakes to return home. 23. The officer decides not to allow the customer to leave the probation outside the residence for a period exceeding 15 days if: 23.1. probation client check out outside the residence threatened the safety of the public; 23.2. the probation check out away from home contribute new committing a criminal offence; 23.3. probation customer leaving outside the residence, officers or enforcement of criminal laws governing obligations becomes impossible; 23.4. the application filed before the probation supervision plan. 24. the decision shall be made in writing and handed to the customer personally or probation shall be sent by post to the address designated by him under paragraph 4 of these rules. 25. This provision paragraph 24 in the case of probation, the customer may challenge the decision of the officials by the application service manager administrative process regulatory laws. 26. For residence, employment or educational change probation shall notify in writing to the customer service immediately, but not later than within five working days of residence, workplace or educational institution, and specifies the following information: 26.1. new residential address and moving date if changed their place of residence; 26.2. the new business name, address, and employer contact information start date if you change jobs; 26.3. the new education institutions name, address and date of commencement of training, if the change of educational institution. 27. at the request of officials and officers of the probation deadline submitted information on livelihoods and the performance of official or criminal laws and regulatory obligations. 28. If the customer has endured probation, half of the probation period, the monitoring officer assessed probation supervision and new risks of the crime and sent to the Court the application for revocation of the probation supervision, if the following conditions exist: 28.1. probation customer has taken all probation supervisory measures defined in the plan, solved the problem of their kriminogēn, reaching the objectives of the supervision of the probation and the other probation supervision goal setting and the imposition of measures is not necessary; 28.2. the probation or done in good faith by the customer comply with enforcement officials, and criminal laws and regulatory obligations; 28.3. the new criminal offence of the probability is low, and probation following a client is not appropriate. 29. If the customer has endured probation, half of the probation period, the monitoring officer assessed probation supervision and new risks of the crime and sent to the Court an application for a reduction of the period of probation supervision, if the following conditions exist: 29.1. the customer shall be carried out in good faith the probation probation supervisory measures defined in the plan, addressing their kriminogēn problems, moving towards the attainment of the objectives of the supervision of the probation, and they will be achieved before the expiry of the probation supervision; 29.2. the probation or done in good faith by the customer comply with enforcement officials, and criminal laws and regulatory obligations; 29.3. the new criminal offence of the probability is low, and probation supervision probation on the customer to the end of the period of supervision is not appropriate. III. Officials obligations 30. Probation customer to whom the obligation – to respect the prohibition to leave residence within a certain time of the day, there is a need to prevent the possible obstacles that may interfere with the official residence of the access time. Any probation clients intentional acts or omissions that preclude officials to make sure the customer being in probation, in particular the obligation to constitute infringement. 31. If the customer to whom the probation is obliged to comply with the ban in leave-in residence at a specific time of day, by reason of force majeure left his residence for the period specified in the ban, he and the circumstances of that fact the next working days in writing or by any other means that provides proof of identity of the probation clients, inform officials. 32. the Probation of the customer to whom the obligation to comply with the prohibition of stay – in certain public places, officials on the basis of the customer's application, the probation may be issued a temporary permit in writing a specific day and time to stay in a particular public place. Authorisation shall not be issued if: 32.1. probation client has not adhered to the terms of the probation supervision;
32.2. the probation clients stay on a specific day and time specified in public threatened public safety; 32.3. the probation clients stay on a specific day and time set out in a public place can contribute to a new criminal offence; 32.4. the application filed before the probation supervision plan. 33. the written submission with a request to allow a specific day and time to stay in one of the probation supervision plan in public places probation departments submitted 15 days before the planned stay. The application shall state: 33.1. public place where probation customer wants to stay; 33.2. the purpose of stay, day and time. 34. If the customer to whom the probation obligation – to respect the prohibition to communicate with certain people, you need to contact these people to prevent the criminal consequences, he aligned with the officers and communication is carried out by officers or officials. 35. the Probation of the customer to whom the obligation – to respect the prohibition to leave the specific administrative area without the permission of the authorities, officials, based on the customer's application, the probation may be granted written permission to leave administrative area for a period of up to 15 States year. day Authorisation shall not be issued if: 21.8. probation client has not adhered to the terms of the probation supervision; 35.2. check out certain administrative territory endangers public safety; 35.3. check out specific administrative area can contribute to a new criminal offence; 35.4. the application filed before the probation supervision plan. 36. the written submission with a request to allow leave outside the administrative area of the Probation Department submitted 15 days before the planned departure. The application shall state: 36.1. grounds for the request; 36.2. the address where the client will be within reach of probation; 36.3. contact numbers; 36.4. the date when the probation the customer undertakes to return administrative territory. 37. The officer designate probation customer membership program and probation practice schedule. 38. The officer presented the client with the lesson of the probation schedule and assignments. Probation client with signature certifies that is familiar with the practice schedule and assignments. 39. Probation customer visits the probation program lessons according to the schedule drawn up by officials, the practice actively probation program, comply with probation programs implementing internal rules and fulfill the probation requirements. 40. in the absence of the probation clients on probation programs lesson without justification, the inhibition of the lesson, the probation program for jamming, as well as the arrival to the lesson of alcohol, narcotic, psychotropic or toxic substances affect if it finds laws on alcohol, narcotic, psychotropic or toxic substances control in order to be considered a specific obligation. 41. the Probation of the customer to whom the obligation to comply with the ban-buy, carry or keep certain items, it is necessary to prevent the possible obstacles that may hinder the officer to check prohibited items purchase, carrying or storage. Any probation clients intentional acts or omissions that preclude the officer to check the fulfilment of an obligation, the obligation is considered a specific offence. 42. the probation clients for which the obligation to comply with the prohibition approach-specific objects, places or institutions, your movement route are organised in such a way as not to promote the acknowledgement or probation supervision plan specified objects, places and institutions closer than the distance specified in the certificate or probation supervision plan. Proof of any approach or probation supervision plan specified objects, places or institutions or probation, as proof of closer monitoring plan specified in the distance, which is not related to the cause of force majeure circumstances or should not be considered final, considered a specific obligation. 43. If probation obligation – customer kriminogēn problem solving visit service specialist-specified, issue a probation officer specialist visits the customer's time schedule, indicating the professional practice address, contact information, and first-time of arrival. If the probation for any valid reason, the customer can not probation monitoring plan specified in the time to come to the specified peer, he shall inform both the officials and specialists concerned. 44. in order to prove that the customer meets the probation obligations to him-kriminogēn problem solving visit service specified professionals, probation officers at the request of the client for the specified service professionals presented the timetable of the visit to the Specialist certification of attendance. This lack of acknowledgement or probation client refusal to produce the official considered a specific obligation. 45. If probation obligation for the customer to fulfil the service instructions, which focused on legal livelihood generation or domestic issues in a socially responsible manner, according to officials of the instructions he provides information about the implementation of this obligation. Any probation clients intentional acts or omissions that do not meet the obligations, shall be deemed to be in breach of the obligations laid down. 46. the monitoring of the enforcement of the probation violation is considered to be any unwarranted action as a result of which the probation has not fulfilled the customer receipt, monitoring plan, these rules or other criminal enforcement of regulatory legislation. Alcohol, narcotic, psychotropic or toxic substance use verifiable legislation on alcohol, narcotic, psychotropic or toxic substances control. 47. officials of the probation obligations to the customer's control involving other officers. 48. If the officer personally finds that the probation clients is at the point where it is prohibited to reside, not in a place where it should be located at a specific time, contact with people with whom he prohibited to communicate, buy, carry or keep objects which he prohibited to buy, carry or store, the officer draws up legislation on the obligation not complied with. 49. The Act on the obligation of default: 30.5. probation the customer's name, surname, personal code, or messages that help to identify the person, if the person is not registered in the population register; 30.6. the Department organizes probation supervision; 30.6. the address where the fixed certain obligation; 49. when certain fixed obligation; 30.8. the obligation laid down in the characterisation of the infringement. 50. the probation clients with this provision introduces the 48 of the acts referred to in the paragraph, and he confirms with a signature. If the customer's introduction to the Probation Act presents a hazard to life or health officer or probation, the client refuses to sign it, just sign the law officer and in addition to the provisions of paragraph 49 of this information indicates information about the potential threat to the life or health of the officials or the information about the customer's refusal to sign the Probation Act. IV. monitoring implementation of the probation by a custodial sentence or a sentence of 51 arrest. Custodial authority not later than seven months prior to the release of the client from probation a custodial institution or immediately if probation after the customer enters into force, without the penalty of deprivation of liberty served time is shorter than six months or if the client is sentenced with probation arrest: 51.1. inform the Department administrative territory of probation has chosen residence of client for a person's release and a selected place of residence; 51.2. require to evaluate the customer's chosen residence of probation conditions. 52. The Department within two weeks of receipt of the request from the custodial institution or immediately if probation after the customer enters into force, without the penalty of deprivation of liberty served time is shorter than six months or if the client is sentenced with probation arrest, assess the customer's selected probation conditions and of the place of residence shall inform the custodial authority of inspection results. 53. In considering probation conditions of residence of the customer, the chosen official: 53.1. sure that probation is a legal basis for the customer in the chosen place of residence life; 53.2. appreciates the social environment and its possible impact on customer behavior and probation new committing a criminal offence; 53.3. find other selected persons living in residence, views on the purpose of the probation clients live in and assess that person and probation report customer potential impact on customer behavior and probation for committing a new crime. 54. If this provision in the information referred to in paragraph 52, that probation is a legal basis to the client to live in his chosen place of residence, the social environment and other persons living in the chosen residence cohabitation possible impact on client behavior a probation assessed positively, imprisonment of probation shall inform the client that the five working days following the release of the penitentiary institutions must log on to the relevant Department in the enforcement of the probation supervision. Probation information customer receipt with a signature in the notification form (hereinafter referred to as the notice) (annex). 55. If this provision in the information referred to in paragraph 52, that probation is not a legal basis for the customer to live in his place of residence or of the selected social environmental characteristics or other chosen residence of persons living in cohabitation might impact on client behavior a probation assessed negatively, custodial authority motivates customers to choose probation another residence, including offers to use available social rehabilitation service resources. 56. the probation clients who released from parole due to amnesty or pardon or chosen place of residence according to the rules specified in point 55, in a statement. 57. the custodial authority no later than 15 working days before the client's release from probation to prison authorities, or not later than the working day following the amnesty or pardon act, if the client is released from probation parole due to amnesty or pardon, send the unit to: 57.1. probation notice signed by the customer; 57.2. a copy of the Court judgment on the probation supervision; 57.3. messages that describe the probation clients and his behavior in a custodial institution. 58. If the customer of probation after his release from prison authorities, without justification, fails to apply in the enforcement of the probation supervision, it is considered a violation of the probation supervision conditions. V. execution of supervision by probation conditional early release from parole 59. If the probation clients released from imprisonment of probation sentence, custodial authority on the working day following the adoption of the ruling shall be sent to the Department which will provide relatively early release of probation supervision of the customer, a copy of the Court judgment on the establishment of supervisory probation. 60. At the time of the part of the sentence served by the end of the official launch and probation supervision provides enforcement of criminal penalties in accordance with the rules and the enforcement of regulatory legislation. Vi. action by the officials, if the customer does not comply with the probation probation conditions of supervision 61. If the probation clients on criminal law enforcement time limit does not appear in the log on to probation supervision departments to comply, send him an official warning by mail to the declared place of residence, but if it does not correspond to the actual place of residence, to the Court or probation to the address indicated by the customer. 62. The warning: 62.1. probation the customer's name, surname, personal code, or messages that help to identify the person, if the person is not registered in the population register; 62.2. Department and officers, which sends an alert; 38.7. infringement; 38.8. warning; 62.5. possible consequences if the infringement is repeated; 38.9. appearance time limit unit. That period may not be less than 10 days after the notice is sent. 63. If the customer alert probation period referred to does not appear in the Department and within 30 days after sending the notice of absence submitted supporting documents, the Officer prepares and sends the application to the Court for probation supervision for the substitution of the deprivation of liberty. 64. the application for the replacement of the supervision of the probation to imprisonment: 64.1. the number of criminal cases; 64.2. the court filing number; 64.3. probation the customer's name, surname, personal code, or messages that help to identify the person, if the person is not registered in the population register, and the address of the place of residence; 64.4. Court ruling or the Prosecutor's statement on the execution of penalties; 64.5. the Department organizes probation supervision; 64.6. probation supervision conditions and the fact that it proves; 64.7. external legislation, part of it, or, under supervision of the probation be replaced with imprisonment; 64.8. the Court of Justice to replace the probation supervision probation applied to customers with imprisonment. 65. If the probation supervision is imposed by the Prosecutor's statement on the provision of penalties referred to in paragraph 63 of the Court to send the application in writing inform the Prosecutor who made the Prosecutor's statement as punishment. 66. for each officer or enforcement of criminal laws governing specific obligations in fact breaching probation officer gives the client a written explanation. 67. If the probation without justification, the customer does not comply with the performance of official or criminal laws governing obligations, an official written notice to the person on the legal consequences of non-compliance. 68. If an alert is issued in person, probation warning customer receipt with a signature. 69. If the customer refuses the probation with a signature to certify receipt of the warning, the officers sent warnings to him by post to the address indicated by the customer of the probation under the provisions of paragraph 4. 70. If the probation officer shall not be taken into account in the customer's warning and continues without justification, not to meet officials or the enforcement of criminal laws and regulatory obligations and do not provide official written explanation, the officer shall prepare and send the application to the Court for probation supervision for the substitution of the deprivation of liberty. 71. Official Warns of repeat customers for probation supervision probation violation of conditions, if there are the following set of conditions: 71.1. Since the previous warning issued in the past two months; 71.2. previous warning has contributed to positive change in customer behaviour; 71.3. the officials or the enforcement of criminal laws governing a specific obligation to comply directly does not pose a risk to public safety or the victim; 71.4. probation customer attitude and behavior suggest a willingness to cooperate with the service your kriminogēn problem solving. 72. If the conditions of the probation supervision in the event of an infringement of these provisions is not detectable, paragraph 71 of the set of conditions, the Officer prepares and sends the application to the Court for probation supervision for the substitution of the deprivation of liberty. VII. enforcement of the probation supervision for organizing minors probation clients probation supervision run 73. minor the probation to the customer (hereinafter minor) carried out in accordance with the procedure laid down in these rules, subject to the exceptions mentioned in this chapter. 74. The minor coming to apply probation due to the opening of the monitoring unit with one of the parents or other legal representative (hereinafter referred to as representative). 75. the representative of the officer's identity. 76. the presence of a representative of the Officials: 76.1. explaining the minor Court ruling or the Prosecutor's statement on the nature of rights and obligations under these terms and enforcement of regulatory criminal laws; 76.2. determines the minor duties (with certain restrictions) to probation supervision for the preparation of the plan and their content under these rules and the enforcement of criminal laws, regulatory as well as explains it. 77. This provision of the proof referred to in paragraph 9 shall be signed by the minor and representative. 78. If a minor enters unit without these provisions, and 76.1 76.2. the information referred to in official sent to the representative by mail and in writing inform the family courts. 79. in making the minor probation officer supervisory plan, take into account the local behavior of the minor's social adjustment and social assistance programs. 80. Official Representative was presented with the minor probation supervision plan, and representative to certify that is familiar with it. 81. If the minor unit comes without a representative, the probation officer shall forward to the supervisory plan representative by mail. 82. If probation supervision for minors, the officer establishes that the minor's family circumstances do not adversely affect the discharge of minors and hinders the execution of the official or criminal laws governing obligations, the officer shall inform in writing the municipal social services and family courts. 83. By mail send a warning about the violation of the probation supervision conditions sent to the minors and representative. 84. the custodial authority no later than three months before the minor's release from prison authorities, or not later than the working day following the amnesty or pardon act, if the minor was released from parole in connection with the amnesty or pardon shall inform the representative or family courts on the release date and the representatives referred to in these provisions the obligations of probation supervision. VIII. action by the officials after the executed court order or the Prosecutor's statement as punishment 85. Once satisfied the Court ruling or the Prosecutor's statement as punishment, the officer shall draw up a notice of probation supervision (two copies). Not later than three working days after the expiry of the probation supervision for one copy of this notice shall be submitted to the Court or Prosecutor's Office or to the other accompanied by the customer's use of probation. 86. The notice of probation supervision run: 53.5. probation the customer's name, surname, personal code, or messages that help to identify the person, if the person is not registered in the population register; 86.2. criminal or court record keeping number number; 86.3. Court ruling or the Prosecutor's statement on the date of entry into force; 86.4. time, on a probation supervision was applied; 86.5. probation supervision the actual launch date of execution; 86.6. information about the officers probation set out the obligations of the client run-time monitoring of probation; 86.7. short probation supervision in the course description. Prime Minister v. dombrovsky Justice Minister j. Bordān annex Cabinet 2012 august 16 Regulation No. 562 notice (name, title, last name of official) _____ _____ year _____. _____ _____ _____ _____, (probation customer's name, surname, personal code) followed the judgment of certain additional penalty, probation supervision – and what about your next residence is chosen (s) (indicate the exact address).
Informed that after his release from prison with you _____ _____ year _____. _____ _____ _____ _____ log addition – probation supervision-enforcement.
(The national probation service's territorial name, address)
Informed that the national probation service to logon in addition, probation supervision, due to start is considered an additional penalty-probation supervision-enforcement rules, for which the national probation service may apply to the Court with a request to replace you specified either – probation supervision, with the deprivation of liberty. In addition, the supervision of probation – non-compliance with the rules, without justification, the Court, in accordance with the criminal law of the seventh paragraph of article 45.1 can replace the additional penalty time served not the deprivation of liberty, two probation supervision days computed as one day of imprisonment.

In a statement presented (signature) to the communication, the essence of it I know is understandable.

_____ _____ year _____. _____ _____ _____ _____ (probation client signature) representative with the statement presented by (signature) the Minister of Justice of Bordān J.