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Information System Of Criminal Procedure Rules

Original Language Title: Kriminālprocesa informācijas sistēmas noteikumi

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Cabinet of Ministers Regulations No. 850 in Riga 2010 September (14. No 47 23) criminal information system Issued under the provisions of the law of criminal procedure, art. 372 seventh part i. General questions: 1. determine the amount of messages 1.1, which submit criminal information system for registration (hereinafter the system) on the ongoing criminal proceedings, the criminal offences established, process agents, persons who have the right to defence, and victims;
1.2. the inclusion of the message, and delete the order and report storage time limits;
1.3. the institution which granted access to the information contained in the system.
2. the system administrator and is the Interior Ministry's information center (hereinafter referred to as the Centre).
3. the institutions shall provide the news submission system online. The head of the authority has the right to determine the message input.
4. the system shall include procedural-based documents.
5. On the reliability of input messages in the system and updates or news is responsible for the provision of driver for the process or the person enters a message in the system.
6. News system online no later than on the working day following the day referred to in these provisions of procedural steps, the fact of the registration or the entry into force of the judgment.
7. If a person is involved in criminal proceedings, the alien, the name of the person, the person's name and address are indicated on the respective foreign language transliteration of latīņalfabētisk the oriģinālform.
8. to ensure the system to include in the retrieval of other national information systems, the Centre closed interdepartmental agreement, indicating the volume of messages received.
9. The system includes data online data transmission mode is sent to register its regulatory activities within the law.
10. the Centre is entitled to request and receive, free of charge from the State and municipal authorities and individuals carrying out delegated administration tasks of the information referred to in these provisions accrue and require rectification.
II. to include in the message the system volume 11. the system shall include the following: 11.1. all decisions adopted in criminal proceedings, except in the decisions taken in connection with the protection of special pleading and special investigative activities;
11.2. on detected crimes: 11.2.1. Commission of a criminal offence, the date and time;
11.2.2. the Commission of a criminal offence, the address and the site;
11.2.3. the object of the risk;
11.2.4. Commission of a criminal offence, the technique;
11.2.5. the concealment techniques;
11.2.6. Commission of a criminal offence, and the tools used;
11.2.7. material found in the total amount of the loss;
11.2.8. the property to which the lien is imposed (including existing abroad);
11.2.9. the institutions, services and the information systems that contributed to the clarification of the person;
11.2.10. the discovery uses scientific means and methods;
11.3. for process Guide: 11.3.1. name, surname;
11.3.2. post;
11.3.3. institution name;
11.4. the persons who have the right of defence: 11.4.1. name, surname;
11.4.2. ID code;
11.4.3. date of birth;
11.4.4. nationality;
11.4.5. the sex;
11.4.6. place of birth;
11.4.7. residence in the Commission of a criminal offence (declared and actual);
11.5. the persons referred to in addition to this criminally rule 11.4. information referred to in (a) shall include the following: 11.5.1. marital status;
11.5.2. school or work;
11.5.3. occupation, title;
11.5.4. education;
11.5.5. reason of stay in Latvia (aliens);
11.5.6. the circumstances under which the offence was committed;
11.5.7. Commission of a criminal offence, the motive;
11.5.8. participation in the Commission of a criminal offence;
11.5.9. connection with the illicit manufacture of narcotic drugs and psychotropic substances, if a person called a criminally in connection with the illicit manufacture of narcotic drugs and psychotropic substances permitted movement;
11.6. in the case of legal persons, which is a criminal offence committed in the interest of the individual: 11.6.1. registration number;
11.6.2. date of registration;
11.6.3. name;
11.6.4. country in which the legal person is registered;
11.6.5. status;
11.6.6. address (legal and actual);
7.3. in criminal offences victims ' physical person and a person whose death occurred as a result of a crime: 11.7.1. name, surname;
11.7.2. ID code;
11.7.3. date of birth;
11.7.4. nationality;
11.7.5. gender;
11.7.6. residence (declared and actual) when a person has suffered;
11.7.7. victim or its representative the information supplied: 11.7.7.1. family status;
11.7.7.2. the minors guardianship of victim/guardianship and family situation;
11.7.7.3. training/studies;
11.7.7.4. occupation;
11.7.7.5. education;
11.7.8. circumstances in which a criminal offence and when a person has suffered;
11.7.9. the injured party or a person whose death was caused by a criminal offence, and the criminal offence committed by the person of the relations between the specification;
11.7.10. victim assistance;
11.7.11. the injured party examiner's performed (determination of damage to health) data: 11.7.11.1. expert opinion date dial;
11.7.11.2. expert opinion number;
11.7.11.3. inspection the authority;
11.7.11.4. the expert's name and surname;
11.7.11.5. expert post;
11.7.12. the body of the person viewing the data that the death was caused by a criminal offence;
11.7.13. the victim during a pre-trial criminal damages in question;
11.7.14. the victim during a pre-trial criminal procedure cover the amount of the compensation;
11.8. the criminal offence of victims in legal persons: 11.8.1. name;
11.8.2. registration number;
11.8.3. the date of the registration;
11.8.4. the country in which the legal person is registered;
11.8.5. status (for committing a criminal offence);
11.8.6. address (legal and actual);
7.4. the date by which a person is recognized as a victim;
11.10. the nature of the injury and about;
11.11. the representative of the victim: 11.11.1. name, surname;
11.11.2. ID code;
11.11.3. date of birth;
11.11.4. nationality;
11.11.5. contact information;
11.12. date by which the person recognised as a victim representative;
11.13. the circumstances under which the victims protection staff;
11.14. in the course of criminal procedure removed the items of evidence and prisoner property.
12. If a criminal offence is qualified by the criminal law article 48, first paragraph, point 14, 78, 149.1, 150. Article 151, or in addition to the following information about the victims and the person whose death was caused by a criminal offence: 12.1. skin color;
12.2. ethnicity;
12.3.-confessional affiliation.
III. the system of accumulated messages use procedure 13. accumulated in the system messages, except those which have been identified as a public use, subject to the conditions of the laws relating to restricted access information.
14. system users without the permission of the promoters of the process have the following news of the criminal procedure: criminal procedure 14.1. number;
14.2. the date of the initiation of criminal proceedings;
14.3. the status of criminal proceedings;
14.4. the authority, which is located in the criminal proceedings;
14.5. criminal legal qualifications;
14.6. the description of the offence;
14.7. the criminal offence date and location;
14.8. the criminal offence was committed;
14.9. use tools or objects;
14.10. the method of concealment;
14.11. the subject of threats.
15. the statistical system created and informative report, which does not contain personal data, is available without restrictions.
16. Messages that are not listed in this provision in paragraph 14 and 15, the system can be obtained only with the permission of the promoters of the process and the process of transforming the limits laid down in these rules, the exception in paragraph 18.
17. Access to the system of accumulated messages using system data distribution solution that enables creation and maintenance center.
18. Access to the system of accumulated messages granted: 18.1. the driver's direct boss, who according to the criminal procedure law is asked to control the particular criminal investigations;
18.2. the criminal driver – access to information accumulated on the criminal, who is in his records;
18.3. the Central Prosecutor-access to information accumulated on the criminal proceedings for which it carries out surveillance;
18.4. the judge – access to information accumulated on the criminal proceedings which it sits;
18.5. the investigative judges – access to information accumulated on the criminal proceedings in which they perform their duties procedural;
18.6. The Ministry of justice the legal aid administration, access to these terms 11.7.1 11.7.2 11.7.3.,.,.,., 11.7.4 11.7.5, 11.7.6., 11.7.11., 11.7.13., 11.7.14., 11.9, 11.10, 11.11.. and 11.12. the particulars referred to in subparagraph a;
11.6. The Ministry of the Interior, the National Security Agency access to information about the institution, which is located in the criminal proceedings, in the course of which the withdrawn evidence or exhibits the store security arrested a State Agency.

19. the promoter shall have the right to use personal data to figure out the numbers of criminal proceedings, as the persons who have the right to defence, includes those who process the driver's records in existing criminal proceedings is suspected or prosecuted criminally.
20. Persons who do not have access to the system, this provision of the information referred to in point 14 you can get by submitting an application in the Centre. The application shall state: 20.1. "message;
20.2. the message destination.
IV. accumulated in the system message storage and deletion procedure on criminal procedure system 21 accumulated news if the termination of the criminal proceedings from deleted days or the date of the entry into force of the Prosecutor's statement as punishment or judgment of the Court of Justice, have passed: 21.1. six months – for the criminal offence, which was started in accusation of criminal proceedings private;
21.2. two years – on a criminal offence that is not referred to in these regulations 21.1;
21.3. five years, if committed less serious crime;
21.4.10 years if committed a serious crime;
21.5.15 years if committed a serious crime, except for the criminal offence for which the person convicted of the offence will be sentenced to the death penalty or life imprisonment.
22. When you delete messages from the system, it stores the following information: the end of criminal proceedings 22.1:22.1.1. the date when the criminal proceedings are completed;
22.1.2. the name of the authority which took the completion of criminal proceedings;
22.1.3. justification (criminal law) for completion of the criminal proceedings;
22.2. the criminal proceedings in which the Prosecutor's statement has been applied for or has been the entry into force of the judgment of the Court of Justice: 22.2.1. date when the appropriate Prosecutor's statement on the fine or the entry into force of the judgment of the Court of Justice;
22.2.2. the authority, which was applied to the Prosecutor's statement on the fine or the entry into force of the judgment of the Court of Justice;
22.2.3. date of entry into force of the Prosecutor's statement as punishment or judgment of the Court of Justice;
22.3. the date when the news about the criminal removed from the system.
23. do not delete messages from the system: 23.1. about criminal proceedings, which were launched on criminal offences against humanity, against peace, war crimes or genocide for;
23.2. the criminal proceedings in which the person sentenced to the death penalty or life imprisonment;
23.3. the provisions referred to in paragraph 14.
24. These rules 15, 22 and 23 of the report referred to the system permanently.
V. concluding questions 25. System collects news about criminal proceedings which have been initiated, beginning with the January 1, 2011.
26. the information referred to in these provisions, which are received for criminal proceedings which are commenced before January 1, 2011, uses statistical reporting information system "register of criminal offences".
Prime Minister v. Minister of Interior dombrovsky l. Mūrniec»