Advanced Search

Amendments To The Cabinet Of Ministers On 27 September 2005 Regulation No 726 Of The "provisions On The Treatment Of Items Of Evidence And Arrested The"

Original Language Title: Grozījumi Ministru kabineta 2005.gada 27.septembra noteikumos Nr.726 "Noteikumi par rīcību ar lietiskajiem pierādījumiem un arestēto mantu"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Cabinet of Ministers Regulations No. 441 in Riga 7 June 2011 (pr. No 35 25) amendments to the Cabinet of Ministers on 27 September 2005 Regulation No 726 of the "provisions on the treatment of items of evidence and arrested the" Issued in accordance with article 237 of the criminal law the first and third subparagraphs, article 239 of the third subparagraph of article 2.1, 365 and third 1. make Cabinet 27 September 2005 Regulation No 726 of the "provisions on the treatment of items of evidence and arrested the" (Latvian journal 155., 2005, no.; 2008, 143 no; 2010, 115 No.; 2011, 3. No.) the following amendments: 1. provisions be supplemented with 1.5 and 1.6. subparagraph by the following: "1.5. institutions in which the store property, which arrested can not leave the store owner or user, his family member or another natural or legal person, as well as the storage of property order;
1.6. procedures are enforced or destroyed property, which arrested can not leave the store owner or user, his family member or another natural or legal person, if its long-term storage is not possible or prolonged storage is causing injury to the State. ";
1.2. to express the point 15 as follows: "15. evaluation of evidence in Things the Commission assessment record into evidence or things seized and the assessment of the Act the description (annex 2). The Act shall be prepared in two copies (not applicable to electronic document design assessments), signed by the members of the Commission. The legislation does not draw up, if you have received a certified evaluator's assessment. Certified assessors in the assessment of evidence fingering prepares two copies (not applicable to electronic document design assessments) and certified with a signature. One description of evidence and evaluation or assessment of the evaluators of certified adds a criminal, but a second kept by the Agency and shall record evidence or things seized in the accounting register. ";
1.3. to supplement the 16 point after the words "evidence" with the words "or the" arrested;
1.4. to complement the 22 point after the words "compliance with the evidence" with the words "or the" arrested;
1.5. to supplement 23 points behind the words "draw up the evidence" with the words "or the" arrested;
1.6. to supplement paragraph 32 and 33 behind the words "having regard to the evidence" with the words "or the" arrested;
1.7. supplement article 36.1 according to after the words "evidence" with the words "or the" arrested;
1.8. to complement the 43.2. section behind the words "together with the evidence" with the words "or the" arrested;
1.9. Express 45 as follows: "45. Evidence or arrested and the transfer of property Act, or evidence seized property description and assessment of the evidence act or the destruction of the arrested, real estate or property seized and viewing the property or goods and arrested over certificate is a mandatory form. The Agency and the authorities referred to in this paragraph shall form and keep accounts according to the mandatory document tracking and storage requirements. ";
1.10. to complement the chapter IV with 45.1 45.2 45.3 45.4,,,,,,, 28.3 28.3 28.4 28.5, 28.5, 45.11 45.13 45.10, 45.12, 45.14 points, and the following: "where the Arrested 45 can not leave the store owner or user, his family member or another natural or legal person, keep: 45.1 1. premises specially designed for the storage of evidence;
2. If the Agency 45.1 belongings can be stored on the premises not specifically provided for evidence storage.
45.2 If lien imposed on property that is real property, or things that move is not possible, and can not leave the store owner or user, his family member or another natural or legal person, it shall be deposited in the (Defense) the municipality concerned, in the territory of which it is located.
45.3 municipalities authorized representative immediately, but not later than three working days after receiving a copy of the decision of the promoters of the arrested property transfer storage make this rule 45.2 referred to property or real estate, property seized shall be drawn up (real estate) Inspection Act (annex 5) and immediately organized property or real estate holding (protection). Property or real estate view participating municipalities authorized representative and the driver of the process or another person on his behalf.
If that rule 45.4 45.3 points in the action cannot be performed because of property or real estate information is incomplete, the municipality may request the driver of the process to obtain it from the person for more information about the property or real estate.
45.5 Arrested arrested in goods or real estate holding (protection) authorities are pursuing: 28.3 1. accepting property or real estate;
28.3 2. through a contract with another natural or legal person on gear or transfer of immovable property.
45.6 to ensure goods or arrested arrested in conservation real estate, local government, property or real estate holding (protection), choose the most suitable and financially advantageous property or real estate storage (protection) and adopt appropriate decisions, which may not be appealed. A copy of the decision of the driver.
28.4 the municipality or the arrested arrested in possession of real property (protection), if the driver of the process, a copy of the decision on sequestration and property or real property to the person whose property or real estate property was arrested.
45.8 municipalities authorized representative after the driver of the process of receipt of the copy of the decision on abolition of sequestration, immediately but not later than within three working days of the goods seized shall be drawn up (real estate) and certificate of adoption (annex 6). This Act shall take part in the process of drawing up the proceedings or another person on his behalf, as well as the person whose property or real estate property was arrested. If the property or real estate was put under surveillance, also call upon the person who provided the goods or real estate, or the supervision of the authorised representative. One copy of the Act shall be issued by the person who provided the goods or real estate monitoring, or its authorised representative, the other-a process, driver or other person who attended on behalf of property or real estate and transfer, as well as the drafting of the Act the person whose property or real estate property was arrested.
28.5 municipality within 10 working days of the goods seized or arrested in estate storage (protection) shall provide for the termination of the process of settlement and their driver supporting documents certified copies to add criminal material.
45.10 costs associated with these rules referred to in paragraph 28.1 of property or real estate holding, initially borne by the local government. The funds that were spent on the property or real estate for storage (for protection), a municipality shall repay the funds from the national budget for contingencies.
45.11 local feature request for expenses incurred in keeping this rule 45.2 or referred to real property shall be submitted to the environmental protection and regional development Ministry twice a year – up to 1 September for the period from 1 January to 31 July and before 1st of February, for the period from 1 august of the previous year to 31 December. The protection of the environment and regional development Ministry collects and assesses applications submitted by local authorities and prepare a request for funds from the national budget of the "funds for contingencies", until 20 September for the period from 1 January to 31 July and until 20 February for the period from 1 august of the previous year to 31 December.
45.12 With the arrested, which is stored in this provision places mentioned in paragraph 45, as well as with the property that you want to move is not possible, or real property Act in accordance with the provisions laid down in chapter III of the order, in so far as it is not contrary to the conditions laid down in this chapter.
45.13 financial resources obtained through the property, the Agency arrested off and keep its deposit account that is created in the netting of revenue generated, realizing the property arrested. Funds kept in a deposit account to the making of a ruling on the action in criminal matters with these features and they are accumulated in growing, pārkontēj to the next tax year.
45.14 If arrested property, which can not leave the store owner or user, his family member or another natural or legal person shall be seized, treated according to the procedures laid down in laws and regulations. ";
1.11. to make annex 2 as follows: "2. the annex to Cabinet of Ministers 27 September 2005 Regulation No 726 of 1.12 of annex 3 to express the following:" 3. the Cabinet of Ministers on 27 September 2005 Regulation No 726 of the evidence or the accounting register arrested no PO box
Record date the Crimea-nālliet number into evidence or arrested and the certificate number and the

date into evidence or arrested the owner's name or the name of the evidence or the arrested property description and evaluation of the Act, a certified evaluator, evaluation or evidence or arrested in the Act of destruction of evidence or the description of the property and arrested the assessment instrument or evidence or arrested in the Act of destruction sent transferred deposit account (Ls) the date when the items of evidence or property seized returned to the Destruction of īpašniekamm the number and date of the date number into evidence the assessment amount (Ls) institution or merchant name date for sale or disposal (specify) total t.sk. transferred to the State budget t.sk. returned to owner "1.13.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 express annex 4 by the following:" 4. in the annex to Cabinet of Ministers 27 September 2005 Regulation No 726 of 1.14. to supplement the provisions of annex 5 with the following: "5. the annex to Cabinet of Ministers 27 September 2005 Regulation No 726 of 1.15 to supplement the provisions of annex 6 by the following:" 6. the annex to Cabinet of 27 September 2005, the Regulation No 726 2. Regulations shall enter into force on January 1, 2012.
Prime Minister v. dombrovsky Minister of Justice, Minister of Home Affairs ad interim Štokenberg of A.