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Amendments To The Cabinet Of Ministers Of 17 March 2008 No 176 Of The Rules "rules For The Specific Form And Content Of The Document In The Criminal Law, In Cooperation With The Member States Of The European Union"

Original Language Title: Grozījumi Ministru kabineta 2008.gada 17.marta noteikumos Nr.176 "Noteikumi par īpaša dokumenta formu un saturu krimināltiesiskajā sadarbībā ar Eiropas Savienības dalībvalstīm"

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Cabinet of Ministers Regulations No. 456 in 2012 (26 June. No 36 45) amendments to the Cabinet of Ministers of 17 March 2008 rules no 176 "rules on a specific form and content of the document in the criminal law, in cooperation with the Member States of the European Union" in accordance with the criminal procedure Issued Law 678. the fourth part of the article to make the Cabinet on 17 March 2008, regulations No 176 special rules for "document for the form and content of the criminal law, in cooperation with the Member States of the European Union" (Latvian journal, 2008, 2009 45 no; , 145. No.) the following amendments: 1. provisions supplementing with 2.5, 2.6, 2.7, 2.8, 2.9. and 2.10. subparagraph by the following: "2.5. custodial sentence recognition and enforcement-documents to provide for a Council on 27 November 2008, the framework decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or the custodial measures to fulfill them in the European Union Article 4 (annex 5); 2.6. a custodial sentence recognition and execution of the convicted person, form information, provided for in Council on 27 November 2008, the framework decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or the custodial measures to fulfill them in the European Union, in article 6 (annex 6); 2.7. ruling on the recognition of alternative sanctions and enforcement – to ensure that supporting documents are provided for a Council framework decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation, such decisions are for probation measures and alternative sanctions, article 6 (annex 7); 2.8. ruling on the recognition of alternative sanctions and enforcement – to ensure that the form is for Council framework decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation, such decisions are for probation measures and alternative sanctions, article 17 (annex 8); 2.9. the decision imposing a penalty involving deprivation of liberty are not linked, the imposition of a recognition and enforcement – to ensure receipt, for a Council framework decision 2009/829/JHA (2009 October 23) in relations between Member States of the European Union, of the principle of mutual recognition applies to decisions on supervision measures as an alternative to pre-trial detention, article 10 (annex 9); 2.10. the decision imposing a penalty involving deprivation of liberty are not linked, the imposition of recognition and execution of the forms, which are provided in Council framework decision 2009/829/JHA (2009 October 23) in relations between Member States of the European Union, of the principle of mutual recognition applies to decisions on supervision measures as an alternative to pre-trial detention, article 19 (annex 10). " 2. Put 1 of annex "d" paragraph by the following: "(d)) indicate whether the person concerned personally took part in its examination of the case, in which the ruling adopted: 1. Yes, the person personally participated in the proceedings in which the decision adopted. 2. No person not personally participated in the proceedings, which accepted the ruling. 3. If the check mark box in the paragraph 2, please confirm that there is one of the following circumstances: (a) the person 3.1 ... (day/month/year) was issued a summons, and thus the person concerned was informed about the date of the scheduled hearing, and the place where the adoption ruling, and was informed that a ruling can be given; 3.1. (b) the person or why a subpoena was not issued but the person by other means received official information on its planned date of the hearing, and the location at which the decision taken in such a way that it is clearly established that the person concerned knew of the intended proceedings and was informed that a ruling can be given; Or knowing about the intended 3.2 case, a person was authorized by the person or the State legal adviser appointed to defend him in the case, and the legal adviser really defended the persons concerned in the proceedings; 3.3. a person or a ruling was issued. (day/month/year), and the person was clearly informed of the right to review or appeal in which she has the right to participate in and which enable you to use, including new evidence to reconsider the merits, and that the original order would be canceled, and the person is clearly stated, it does not challenge the ruling; Or person within the period in question is not asked to review or appeal; 3.4. the ruling party or was not issued, but:-person ruling will be issued immediately after the transfer; and-issue a ruling, the person will be clearly informed of their rights to review or appeal in which she has the right to participate in and which enable you to use, including new evidence to reconsider the merits, which results in an initial ruling could be cancelled; and-the person will be informed of the period within which to request such further review or appeal and who is …. 4. where a check carried out 3.1, 3.2 or 3.3 (b) point in the box, please provide information on how the condition is fulfilled.
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3. Express 3. "h" point 3. subparagraph by the following: "3. decide whether the person concerned personally participated in the proceedings in which the decision: 1. Yes, the person personally participated in the proceedings in which the decision is taken. 2. No person not personally participated in the proceedings in which the decision is taken. 3. If the check mark box in the paragraph 2, please confirm that there is one of the following circumstances: (a) the person 3.1 ... (day/month/year) was issued a summons, and thus the person concerned was informed about the date of the scheduled hearing, and the place where the decision and was informed that a decision can be given; Or (b) the person 3.1. social rehabilitation of the person and: (a) the sentenced person is) the executing State nationals living there and b) the sentenced person is a national of the executing State, and convicted persons intended to be deported after their sentence, on the basis of the date of the order or the removal of that judgment or judicial or administrative ruling or any other actions arising from the above judgment. If the removal or deportation order is not included, please specify the name of the authority that issued the order, the date of issue and order number, if known:..................................... c) the executing State is a country not mentioned in subparagraph (a)) or (b)) and that the competent authority has agreed that this country forward and (d) supporting documents) the executing State has sent a communication in accordance with article 4 of the framework decision point 7 and: it is confirmed that in accordance with the judgment of the competent national authorities of the information available to the sentenced person lives and permanently and legally for at least five years staying in the executing State and it will continue to reside in the country or it is confirmed that the sentenced person is a national of the executing State.

h) judgment by which the sentence: 1. The judgment applies in General to ... offenses. A summary of the facts and the circumstances in which the offence description (s) was made (s), including the details of time and place, as well as on the way the convicted person was involved:.............................................................................................................................................................................................................................................................................................................................................................................................................................................. "
Type (s) of the offence and the legal classification and applicable law on the basis of which the judgment:.................................................................................................................................................................................................................................................................................................................................. "
2. as far as point 1) referred to in (a) the offence (s) in accordance with the judgment of the national legislation meets one or more of the following offences, which may order the imprisonment or a maximum duration of at least three years, please note, making the mark allotted (undertaking) in the box (s): membership in a criminal organisation, terrorism human trafficking sexual exploitation of children and child pornography narcotic and psychotropic substances to illicit trafficking in arms ammunition and explosives trafficking corruption in the fraud, including fraud affecting the Union's financial interests according to 26 July 1995, the Convention on the protection of the European Communities ' financial interests money laundering Criminal money, including euro counterfeiting computer crime, environmental crime, including the endangered animal species and in endangered plant species and varieties of illegal trade facilitation of unauthorised entry and residence, murder, grievous bodily injury in human organs and tissues of the illicit trafficking in kidnapping , illegal detention and hostage taking racism and xenophobia, organised or armed robbery of cultural goods, including antiques and works of art, illegal trade fraud racketeering and extortion embodying infringing and pirated products administrative document fraud and counterfeiting of means of payment in trade of hormones and other growth promoters of illicit trafficking in nuclear or radioactive materials trafficking in stolen vehicles trafficking rape crimes, which is the burning of the jurisdiction of the International Criminal Court in the aircraft or ship illegal seizure of sabotage 3. To the extent referred to in point 1 (instrument) the offence (s) not applicable in paragraph 2, or if the judgment and the formal transfer to the Member State that has announced that it will check the duplex convictions (article 7 of the framework decision), please provide this (these) the offence (s), full description:....................................................................................................................................................................................................................................................................................................................................) information about the judgment by which the sentence: 1. Indicate whether the person concerned personally participated in the proceedings in which the judgment: 1. Yes, the person personally participated in the proceedings in which the judgment. 2. No person not personally participated in the proceedings in which the judgment. 3. If the check mark box in the paragraph 2, please confirm that there is one of the following circumstances: (a) the person 3.1 ... (day/month/year) was issued a summons, and thus the person concerned was informed about the date of the scheduled hearing, and the location at which the judgment and was informed that judgment can be given; Or (b) the person summons 3.1 will not be issued, but the person by other means received official information on the date of its scheduled hearing and the place where the judgment, in such a way that it is clearly established that the person concerned knew of the intended proceedings and had been informed that a judgment can be given; Or knowing about the intended 3.2 case, a person was authorized by the person or a representative appointed by the State to defend their case, and indeed the spokesman defended the persons concerned in the proceedings; 3.3. a person or a judgment was issued. (day/month/year), and the person was clearly informed of the right to review or appeal in which she has the right to participate in and which enable you to use, including the new evidence Code) contact (s): name (s): title (title/rank): telephone no.: (country code) (area/city code) fax No.: (country code) (area/city code), e-mail (if available): languages that can be used to communicate: d) the competent authority of the probation measures or alternative sanctions uzraudzībaiIestād, in the State of judgment is competent to supervise the probation measures or alternative sanctions: Court/authority specified in paragraph (b)) body specified in paragraph (c)) other (Please specify in its official name): Please specify which authority should be contacted if additional information is to be received due to the probation measures or alternative sanctions monitoring: with the authority with a central authority; If you make a check mark in this box, please provide the official name of the central authority, if this information is not provided, or (c) in paragraph (b))): the authorities or central authority contact information, if that information is not provided, or (c) in paragraph (b))) address: Phone No.: (country code) (area/city code) fax No.: (country code) (area/city code) contact (s): name (s): title (title/rank): Phone No. : (country code) (area/city code) fax No.: (country code) (area/city code), e-mail (if available): languages that can be used for communication: e) information about the individual, in respect of which the judgment and, where appropriate, adopted the probation decision: surname: first name (s): maiden name, if applicable: Nickname (s), if any (s): sex: nationality: ID number or social security number (if any) : date of birth: place of birth: last known address/place of residence (if known):-judgment in the country:-in the executing State:-the rest: the language (s) (s) the person understands (if known (s)): if possible, please provide the following information:-the convicted person's identity document type and number (identity card, passport):-convicted person lead the country issued residence permit type and number: f) information on the Member State which transmits the judgment and, where appropriate, the probation decision together with supporting documents : Judgment and, where appropriate, the probation decision together with the supporting documents forwarded a) point specified in the executing State for the following reason: the convicted person in the executing State is lawful and habitual residence, and he/she is back (s) in the country or wish to return to the sentenced person has moved or is going to move to national execution for the following reason (s) (please tick the appropriate): the convicted person in the executing State have a contract of employment; the sentenced person is a family member of a person who the executing State is lawful and permanent residence; the sentenced person lead the country going to study or learn; other reason (Please specify): g) data on the judgment and, where appropriate, on probation lēmumuSpriedum accepted (date: dd-mm-yyyy): where appropriate, the probation decision was made (date: dd-mm-yyyy): the judgment has become final (date: dd-mm-yyyy): where appropriate, the probation decision has become final (date: dd-mm-yyyy): enforcement started (if the enforcement date is different from the date on which the judgment has become final) (date: dd-mm-yyyy): where appropriate, the probation decision execution started (if due date is different from the date the judgment has become final) (date: dd-mm-yyyy): Judgment (if any): where appropriate, the probation decision number (if applicable): 1. a judgment on the whole apply to.............. The brief facts of the offence (s) and its/their statement of the circumstances of the offence, including space and time, as well as describing the nature of the involvement of the person to whom the sentence: Offence (s) and legal classification of the substance and its/their respect applicable law on which the judgment is based: 2. where paragraph 1 (a) the offence (s) meet one or more of the following offences, as defined in the judgment of the national law that judgment in the country for a custodial sentence or detention order, where the maximum duration of at least three years, please confirm it by making a check mark (s) (s) in the box (s): participation in a criminal organisation, terrorism human trafficking sexual exploitation of children and child pornography narcotic and psychotropic substances, illicit trafficking in weapons, munitions and explosives trafficking corruption in the fraud, including fraud affecting the Union's financial interests in the as expected on 26 July 1995 Convention on the protection of the European Communities ' financial interests money laundering money, including euro counterfeiting computer crime, environmental crime, including the endangered animal and plant species and varieties of illicit trafficking of illegal entry and stay in the promotion of murder, grievous bodily injury in human organs and tissues of the illicit trafficking in kidnapping, holding and the taking of hostages in prison racism and xenophobia, organised or armed robbery of cultural objects , including antiques and works of art, illegal trade fraud racketeering and extortion embodying infringing and pirated products administrative document counterfeiting and forgery of means of payment in trade of hormones and other growth promoters of illicit trafficking in nuclear or radioactive materials trafficking in stolen vehicles trafficking rape arson crimes, which is in the jurisdiction of the International Criminal Court, or board the aircraft taking sabotage 3. If the referred to in paragraph 1 (a) the offence (s) is (are) addressed in paragraph 2, or if the judgment and, where appropriate, the probation decision together with the supporting documents sent to the Member State which has declared that it will check the duplex convictions (article 10 of the framework decision), please describe fully the relevant offence (s) (s): h) indicate whether the person concerned personally participated in the proceedings in which the judgment: 1. Yes, the person personally took part in its affairs the text of the decision is attached to this evidence. Supporting document authority and/or its representative's signature that approve the supporting document contents: name: position (job title/rank): date: case number (if any): official stamp (if applicable): "8. To complement the provisions of Annex 8 with the following:" 8. the annex to Cabinet of Ministers of 17 March 2008. Regulations No 176 FORM referred to in article 17 of Council framework decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation, such decisions for probation measures and alternative sanctions monitoring report on the probation measures or alternative sanctions violations or on other grounds (a) the identity of the person to be monitored) data last name: first name (s): maiden name, if applicable: Nickname (s), if any (s): sex: nationality: ID number or social security number (if applicable): date of birth: place of birth: address: which languages to understand (if known) : b) data in connection with judgments and probation decisions appropriate for conditional sentences, conditional suspension of the determination of the penalty, the alternative sanction or conditional release: date of judgment: the case of the reference (if any): where appropriate, the probation decision date: case number (if any): Court judgment: official name: address: where appropriate, the authority which issued the decision of the probation official name: address: formal is issued : the authority that issued the certificate: case number (if any): c) data on the authority responsible for the probation measures or alternative (s) (s) (s) sanctions monitoring bodies official name: contact person: title (title/rank): address: Phone No.: (country code) (area code) fax No.: (country code) (area code) e-mail: d) probation measure (s) or an alternative sanction (s) (s):P, condition or circumstance referred to in paragraph (a)) , has not complied with such obligation (s) (s) or violated (s) in the following order (s): obligation to inform the person convicted of the specific authority of the place of residence or a workplace change ban going down town, location, or area of the judgment of State or in the executing State duties associated with restrictions on leaving the territory of the executing State orders relating to lifestyle, permanent residence, education and training, leisure activities or professional way of carrying out duties at certain times to log on to a specific authority ban contact with certain persons the obligation to avoid contact with certain items which the sentenced person has used or could be used to perform the duties of criminal offences to cover financial crime because of damage caused and/or the obligation to provide evidence of such an obligation in the obligation to work in a forced labour duty to cooperate with probation supervisors or with social services representative who has obligations relating to convicted persons to carry out treatment or treatment from other measures of dependence: e) Violation (s) description (site in particular, the date and the circumstances): f) other facts (if known) factual description: g) the contact details of the person to be contacted if further information in connection with the offences last name: first name: address: Phone No.: (country code) (area/city code) fax No.: (country code) (area/city code), e-mail (if available): form and/or its representatives of the issuing authority's signature certifying that the contents of the form is correct : name: position (job title/rank): date: official stamp (if applicable): "9. the supplement to annex 9 of the regulations by the following:" 9. the Cabinet of Ministers of 17 March 2008. Regulations No 176 attestation which is mentioned in article 10 of the Council framework decision 2009/829/JHA (2009 October 23) in relations between Member States of the European Union, of the principle of mutual recognition applies to decisions on supervision measures as an alternative to provisional detention a) Makers of the country: the executing State : b) the authority which took the decision on supervision measures, official name: Please indicate whether you want to receive additional information regarding the decision on supervision measures: the authorities of the central authorities; If you checked this box, please indicate the Central Authority official title: the other competent authorities; If you checked this box, please indicate the name of the official of the authority: authority/central authority/competent authorities contact details address: Phone No.: (country code) (area/city code) fax No.: (country code) (area/city code) contact (s): name (s): title (title/rank): telephone no.: (country code) (area/city code) fax No.: (country code) (area/city code), e-mail (if available) : languages that can be used for communication: c) Request to State authority, with which to communicate, if monitoring monitoring activities further information: authority specified in paragraph (b)) other (Please specify in its official title): contact information of the authority, if this information is provided in paragraph (b)) address: Phone No.: (country code) (area/city code) fax No.: (country code) (area/city code) contact (s): name (s) : title (title/rank): telephone no.: (country code) (area/city code) fax No.: (country code) (area/city code), e-mail (if available): languages that can be used to communicate: d) information about the individual in respect of whom a decision on supervision measures: first name (s): maiden name, if applicable: Nickname (s), if any (s): sex: nationality: ID number or social security number (if any) : date of birth: place of birth: address/place of residence:-makers in the country:-in the executing State:-elsewhere: what languages are understood (if known): if possible, please provide the following information:-the personal identity document type and number (identity card, passport):- the convicted person in the executing State issued residence permit type and number: e) information on the Member State that forwards the decision on supervision measures, together with the receipt of the decision on supervision measures, together with the proof of the transfer specified in paragraph (a)) the executing State for the following reason: the person concerned in the executing State is lawful and permanent residence, and receive information on the monitoring activities, the person has agreed to return to the country that the person concerned is asked to transfer the decision on supervision measures, the Member State that's not her lawful and habitual residence, for the following reason (s): f) data concerning the decision on supervision measures adopted (date: dd-mm-yyyy): the entry into force of the decision (date: dd-mm-yyyy): Please do a check in the box if the moment of proof concerning the decision on supervision measures are used for legal remedy. Decision number (if any): the person concerned was in temporary custody in this period (if it was): 1. the decision generally applies to.................... " the alleged offences. Short (s) suspected of the offence (s) and its (their) the facts of the offence, including space and time, as well as describing the nature of the involvement of the persons concerned: the alleged offence (s) (s) the nature and legal classification and its (their) applicable law, on which the basis of the decision: 2. If paragraph 1 (s) (s) of the alleged offence (s) meet one or more of the following offences, as defined by the makers of national legislation for which the makers in the country for a custodial sentence or detention order, where the maximum duration of at least three years, to confirm it by making a mark (-I) undertaking during the relevant box (s): participation in a criminal organisation, terrorism human trafficking sexual exploitation of children and child pornography narcotic and psychotropic substances, illicit trafficking in weapons, munitions and explosives trafficking corruption in the fraud, including fraud affecting the Union's financial interests that means, for 26 July 1995 Convention on the protection of the European Communities ' financial interests money laundering money, including euro counterfeiting computer crime, environmental crime, including the endangered animal and plant species and varieties of illicit trafficking of illegal entry and stay in the promotion of murder, grievous bodily injury in human organs and tissues of the illicit trafficking in kidnapping, holding and the taking of hostages in prison racism and xenophobia, organised or armed robbery of cultural objects , including antiques and works of art, illegal trade fraud racketeering and extortion embodying infringing and pirated products administrative document counterfeiting and forgery of means of payment in trade of hormones and other growth promoters of illicit trafficking in nuclear or radioactive materials trafficking in stolen vehicles trafficking rape arson crimes, which is under the jurisdiction of the International Criminal Court air or water vehicle seizure of sabotage 3. If paragraph 1 (s) (s) of the alleged offence (s) (s) not specified in paragraph 2, or if the decision together with the receipt sent to the Member State which has declared that it will check the mutual conviction (article 14 of the framework decision), fully describe the request (s) (s) the alleged offence (s): g) surveillance data (s) the duration and nature of 1. period covered by the decision on supervision measures and is it possible to update the following decision (if applicable): 2. indicative timeframe within which potentially will require monitoring of surveillance measures, taking into account all the circumstances of the case that are known, forwarding a decision on supervision measures (indicative): 3. the surveillance measure (s) (several grades may be made boxes): obligation to inform the competent authority of the executing state of residence, especially to get the summons to a hearing or trial in the course of criminal proceedings, the prohibition to visit certain areas , makers of the site or territory State or in the executing State obligation, if necessary, specific times to stay in certain areas the obligation, imposing restrictions on exit from the territory of the executing State duties in the time to log on to the specified Authority ban contact with certain persons in connection with the alleged offence (s) (s) of the other measures that the executing State is ready to monitor, in accordance with article 8 of the framework decision provided for in paragraph 2 of the Declaration if you checked the box "other events" , please specify what are the measure, making mark undertaking during the relevant box (s): prohibition to carry out certain actions relating to the alleged offence (s) (s) and which can apply to work in a particular profession or field of employment, the prohibition to drive the obligation to deposit a certain sum of money or to provide other types of collateral that can be performed with a number of specific payments or a single payment in the obligation to undergo treatment or the treatment of dependence on the obligation to avoid contact with fixed objects related to the alleged offence (s) (s) other (Please specify): 4. Please give a detailed description of the referred to in paragraph 3 (above-mentioned) surveillance (s): h) other significant circumstances in the case, including the specific reasons for surveillance (s) (information can provide optional): the text of the decision is attached to this Declaration. Certificate authority and/or its representative's signature confirming receipt of content: name: position (job title/rank): date: case number (if any): official stamp (if applicable): "10." add to annex 10 with the following: "annex 10 of the Cabinet of Ministers of 17 March 2008. Regulations No 176 FORM referred to in article 19 of the Council framework decision 2009/829/JHA (2009 October 23) to the relationship between Member States of the European Union, of the principle of mutual recognition applies to decisions on supervision measures as an alternative to provisional detention report on abuses of surveillance measures and/or on other grounds, which could be the reason for the decision BELOW, (a) the identity of the person to be monitored) data last name: first name (s): maiden name, if applicable: Nickname (s), if any (s): sex: nationality: ID number or social security number (if any) : date of birth: place of birth: address: which languages to understand (if known): b) data in the context of the decision on supervision measures Decision date: case number (if any): the authority which made the decision official title: address: certificate issued to: the authority that issued the certificate: case number (if any): c) data on the authority responsible for monitoring the activities of the supervision authority official name: contact : title (title/rank): address: Phone No.: (country code) (area code) fax No.: (country code) (area code) e-mail: languages that can be used to communicate: d) supervisory measures and/or other facts that might be the reason for the decision below, the Person referred to in point (a)), failed to comply with the following conditions: monitoring the obligation to inform the competent authority of the executing state of residence, especially to get the summons to a hearing or trial in the course of criminal proceedings, the prohibition to visit certain areas , makers of the site or territory State or in the executing State duties, if necessary, specific times to stay in certain places the responsibility of laying down restrictions on exit from the territory of the executing State duties in specific time to log on to the specified authority failure to contact certain persons in connection with the alleged offence (s) (s) other activities (Please specify): description of the infringement (s) (place, date, and particular conditions): other facts that might be the reason for the decision below description of facts : contact information for the person e) which one to contact if additional information required in connection with the offences last name: first name: address: Phone No.: (country code) (area/city code) fax No.: (country code) (area/city code) email: languages that can be used for communication: form and/or its representatives of the issuing authority's signature certifying that the contents of the form is correct: name: position (job title/rank): date: official stamp (if necessary) : "Prime Minister v. dombrovsky ad interim Minister of Justice, Minister of culture Mr jaunzeme-grende.