The Order In Which The National Probation Service Organized Criminal-Forced Labor-Enforcement

Original Language Title: Kārtība, kādā Valsts probācijas dienests organizē kriminālsoda – piespiedu darbs – izpildi

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Cabinet of Ministers Regulations No. 119 in the year 2010 (9 February. 7. § 22) the order in which the national probation service organized criminal-forced labour-execution Issued under the public service Act, a probation article 12 of i. General questions 1. Rules provide criminal penalties – forced labor (hereinafter referred to as forced labour) – the organisation of enforcement procedures. 2. Persons with a court order or a Prosecutor's statement about the punishment suitable for forced labour (hereinafter referred to as probation client), employ the national probation service (hereinafter service) or State or local government bodies, corporations, agencies, associations, foundations and religious organizations (hereinafter called the employer), with which the Department has entered into a contract for the employment of the probation clients forced labour. 3. Forced job execution service organizes the labour legal relations regulating laws, which determines the conditions of employment of the prohibitions and restrictions, breaks in work, in so far as these provisions do not stipulate otherwise, as well as regulating the labour protection laws and regulations. II. Forced Labour enforcement organization 4. Forced Labour enforcement, organizing its territorial unit of service (hereinafter referred to as the Department), where the area is in the probation declared residence customers. 5. If the customer has declared the probation residence and additional address or if the place of residence declared void or is not declared residence, probation customer indicate their place of residence in the territory of which undertake endure punishment, and their address, in which he undertakes to receive correspondence addressed to himself. 6. If the customer forced probation work progresses, resident outside the declared place of residence, forced performance organized by other departments, on the basis of the customer's application of the probation. 7. Information on forced labour to the Organization of the executive officers (hereinafter officials) indicate the probation service the client and database "plus" (hereinafter database) by post under the 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. the Probation of the client who has come to the Department to apply for parole, the officer explains the forced labor conditions and procedure (hereinafter referred to as the forced performance conditions) according to these rules and penalties for regulatory laws. Probation client with signature declares that he is aware of the forced labor conditions of performance and undertake forced labor during the execution of get yourself correspondence addressed to the above address. One forced labour shall issue a copy of the conditions of implementation of the probation, the second customer added probation client case. 9. The officers shall select the employer, given the necessary priority to local authorities, the criminal probation, education, skills, health and age, agree on the place and time of probation, the customer may come to the employer, and shall draw up a work order for the forced working out at a particular employer (hereinafter referred to as the order). One copy shall be issued by the period of probation, the second client is added to the customer's use of the probation, third at the employer's request, issue an employer. Probation client with a signature confirming that they have received the assignment. 10. Assignment stating: 10.1. departments and officers name, which designates the probation clients;
10.2. the 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;
10.3. the probation clients phone number;
10.4. the name of the employer;
10.5. the agreement on the conditions of the probation clients forced the work number and date;
10.6. arrival location and address, the date and time when the customer arrives at probation;
10.7. the employer's designated responsible person. 11. If the employer cannot be contacted, or other objective reasons probation is not possible to issue customer assignments, probation issued summons to client department officials date specified. This invitation received probation customer represents. 12. The invitation shall: 12.1. 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;
12.2. the Department, in which the client must come to the probation;
12.3. the date and time when the Probation Department to attend to the customer;
12.4. the probation officer for the client to arrive;
12.5. officer's phone number;
12.6. the invitation;
12.7. the possible consequences of absence. 13. If the customer is a minor probation, one officer forced labor conditions of implementation and a copy of the assignment shall be issued or registered letter sent to the probation statutory representative of the client. 14. Assignment specified in the date and time of the client and probation officer arrive at the employer. 15. before the forced performance launch officer shall draw up a schedule, with the employer and the probation clients. The agreed schedule, the employer and the probation customer represents. One copy of the work schedule issued by the employer, the other for the customer, a third probation, probation is added the client's case. 16. Work schedule: 16.1. number of work schedule;
16.2. the scheduling of the date;
16.3. the employer's full name;
16.4. the employer's designated person responsible title, first name, last name, phone number, e-mail address;
16.5. the probation the customer's name, surname, telephone number, e-mail address;
16.6. the officer's first name, last name, phone number, e-mail address;
10.4. the harmonization of the work schedule;
16.8. the dates on which the customer will conduct probation forced labour;
10.5. working time;
16.10. the forced labour of the place of execution;
16.11 the planned compulsory working hours. 17. If the customer wants the probation work longer than four hours a day, he certifies in writing that this day not studying and not working. 18. If probation customer forced labour performed for more than four hours a day writing schedule, provides for a break. Break time and duration of the Officer determines, in consultation with the employer and probation of customers, but it may not be less than 15 minutes. Break granted no later than after four hours of work. Break not forced labour. 19. A new working schedule drawn up, if the end of the period: 19.1, which drafted the previous work schedule;
19.2. to make significant changes in the work schedule drawn up in advance. 20. This rule 19.2. in the case referred to in subparagraph previous work schedule is effective for the period for which it has not drawn up a new schedule. 21. the amendments to the schedule of their harmonisation with the employer and the probation officers of customers. Amended if forced labour is to be made, which is not listed on the schedule, but include the period for which it is drawn up. The employer, the officers and probation customer with signature certifying the work schedule. Schedule a amendments one copy shall be issued by the employer, the other for the customer, a third probation, probation is added the client's case. 22. the amendments to the work schedule: 22.1. schedule number that been amended;
22.2. the date and time when the probation clients will perform forced labour;
22.3. the forced labour of the place of execution;
22.4. the planned compulsory working hours;
22.5. the amendment date. 23. the amendment to the schedule of work not performed, if probation is the day when the customer in accordance with the work schedule they should be subjected to forced labour, forced to change starting work or completion times. 24. Forced labour during the execution officer shall have the right to appoint the probation client to a different employer, where this would contribute to the effective implementation of the forced labour. 25. If the employer for the period specified in the work schedule does not provide the customer with a working probation, probation or probation statutory representative of the client shall immediately inform officials when communicating by phone or arrive at the unit. 26. If the customer meets the probation penalty enforcement of laws regulating criteria and wants to cover expenses for the use of public transport, related to his appearance at the Department and forced labor in the place of execution, he shall submit a written application to the Department concerned and the public transport use supporting documents (e.g. tickets): 26.1. If forced the job lasts a month or less, three working days after the completion of forced labor;

26.2. If forced the job lasts longer than a month, three working days after the completion of forced labour or once a month. 27. If probation document submitted by the customers of public transport costs are reasonable, the service probation customer expenses of public transport within 30 days after this Regulation referred to in paragraph 26 of the document received. III. Forced Labour enforcement control 28. Officer make sure that probation is presented with a client protection and the provisions of the agenda (participating in the client's instruction or a probation check records of employer health briefing). Probation at the time of the customer's instruction included forced labor. 29. the Department controls how the client performs the work of probation: 29.1. communicating with the employer;
29.2. on arrival at the place of execution of forced labour. 30. details of the forced performance recorded in the database. 31. the forced labour for only worked the hours that probation is working on the assignment, the client specified in the employer's work schedule, for the period specified in the forced labor conditions. 32. considers that probation client that day for forced labour is not made if: 32.1. official working hours specified time arrives at forced labor in the place of execution, and finds that the customer's not probation, and the officer has not been informed of the reasons of absence;
32.2. the employer shall notify a probation officer that the customer has left forced performance location after officials control forced labor in the place of execution, but before the end of the work time, without informing officials. 33. following the work schedule in the expiration of the official printed from the database control registry form (hereinafter referred to as the control registry form), which shows that the customer has worked on probation forced labor hours. The officer and the employer shall register with the control on the form, certify that the probation period set by the customer are made by forced labor. One control registry a copy of the form add a probation case, another customer at the employer's request, issue an employer. 34. the control registry form contains the following information: 34.1. control register form number, which corresponds to a particular schedule;
21.3. the probation the customer's name, surname, telephone number, e-mail address;
21.3. the persons responsible for the employer's name, phone number, e-mail address;
21.4. the date when the probation customer in accordance with the timetable drawn up and a work schedule for the amendment had to do forced labour;
34.5. the actual working time;
21.5. the forced labour hours worked or mark that probation customer forced work not done;
21.6. the work carried out;
21.6. the type of control;
21.7. Notes for additional information. 35. Forced labour during the execution officer shall have the right to interview the probation clients and employers to identify issues related to forced labour. Officer shall draw up a description of that call with a signature of the person interviewed and officials. IV. action by the Probation Officer if the client fails to fulfil the obligations or breach forced labour conditions 36. If the probation penalty enforcement clients regulatory laws do not arrive within the time limit set to apply for forced labor sentence and not informed of the reasons justifying the absence, the officer by registered letter sent to the probation customer summons to service, to provide an explanation. This provision in the invitation specifies the information referred to in paragraph 12. 37. If the customer violated probation forced labor conditions, which was presented to the officer asked for an explanation. If the client is not within reach of the probation officer acting in accordance with the provisions of paragraph 36. 38. An official shall be issued or registered letter sent to the probation warning to the customer, if the customer these terms probation 36 and 37 in the cases referred to in paragraph does not provide an explanation or reasons not listed in the explanation exculpatory. 39. If the warning is issued in person, probation warning the customer receipt with a signature. 40. The warning: 24.9. 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;
40.2. the departments and officials, which sends an alert;
40.3. the contents of the infringement;
25.1. the warning;
25.2. the potential consequences of repeated infringement;
40.6. If necessary, specify the address and time of probation the customer must come to agree on further forced labor. 41. If the customer is a minor probation, one alert instance is issued or registered letter sent to the probation statutory representative of the client. 42. If an invitation or warning by registered letter sent to the provisions referred to in point 8 address, considers that probation has been received by the customer on the seventh day following the transfer of the letter in the mail. 43. If the customer after the probation notice of termination not apply forced labour sentence or repeatedly breach forced labor conditions, which was presented during the month, the Officer prepares an application to the Court for forced labor to arrest (two copies). The application shall be accompanied by copies of the documents referred to in it. One copy of the application sent to the Court, the other is added to the customer's use of the probation. 44. In the application of the forced labour replacing with attachment points: 44.1. the number of criminal cases;
44.2. court filing number;
44.3. the 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;
27.6. the Court ruling or the Prosecutor's statement on the execution of penalties;
27.7. the Department organizes forced labor;
27.7. the external legislation, part of the article, or section, within which forced labour is substitutable with arrests;
27.8. the request to the Court to replace the probation imposed forced labour for the customer with the seizure;
27.8. the forced labour hours worked. 45. If forced labor is applied to the Prosecutor's statement about the punishment, and that rule 43, paragraph dispatch of court submissions in writing inform the Prosecutor who issued the statement on the Prosecutor's sentencing. V. forced labour suspension 46. If the probation is not a disease in the customer able to perform forced labour, probation or probation client legal representative shall notify the officer and the officer shall immediately notify the employer. 47. in addition to the medical institutions issued disability leaves or extract from the hospital to the patient or the patient's outpatient medical record justified the number of sickness absence must not exceed two days per calendar month. 48. If the customer forced probation work unable to take more than two days in a row, he presented at the end of the disability officer incapacitation, or statement from the hospital to the patient or the patient's outpatient medical cards to justify the absence. Official disability page or extract from the hospital to the patient or the patient's outpatient medical record or a copy of it puts the customer in the case of probation. 49. If the customer or the probation probation client legal representative informs that the illness for more than two days off to perform forced labour, official: 30.5. agree with probation for the next client or contact date and issue or send the invitation to the customer of the probation. This provision in the invitation specifies the information referred to in paragraph 12;
30.6. inform the employer. 50. If the service has received the customer's written application of probation with a request to allow to leave the country or for other important reasons to allow for the time not to carry out forced labour enforcement officer answer within a reasonable time, having regard to the application of this question of urgency, but not later than 10 working days after receipt of the application. A copy of the decision to issue probation or dispatched to the customer personally, by registered letter, the second is added to the customer's use of the probation. 51. This provision in the application referred to in paragraph 50 of the probation clients indicate: 51.1. the grounds for the request;
51.2. the address where the client will be within reach of probation;
51.3. contact numbers;
51.4. date on which to begin or continue to undertake forced labour. 52. the service may reject the client's request for probation for a period not to carry out forced labour, if: 52.1. the enforcement of penal laws regulating the time specified in the client is not logged into the probation service and the sentence is on the alert;
52.2. forced labour during the probation clients have received warnings about forced labor conditions of execution;

52.3. the judgment of conviction or to the Prosecutor's statement as punishment execute limitation joining moment forced labour may not be possible to complete the execution. 53. This rule 52 of these cases the probation officer can challenge the customer's decision, submitting the application service manager administrative processes governing laws. Vi. action by the officers, if there was a conviction or judgment of the Prosecutor's statement as punishment execute barred 54. If there's a court ruling or the Prosecutor's statement as punishment execute barred, the officer shall draw up a notice of the limitation on the accession (hereinafter referred to as the notice) (two copies). One copy of the official notification by registered letter sent to the Court or Prosecutor's Office or submitted to, the second is added to the customer's use of the probation. The notification shall be accompanied by copies of the documents referred to in it. 55. the communication specifies: 55.1. 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;
55.2. the number of criminal cases;
55.3. court filing number;
55.4. judgment or the Prosecutor's statement on the date of entry into force;
55.5. the application of the forced labour hours;
57.5. executable forced working hours;
55.7. forced labour hours worked;
55.8. date on which the judgment or the Prosecutor's statement about limitation of enforcement of penalties;
34.7. the limitation is met. VII. action by the officials after the executed court order or the Prosecutor's statement on penalty of 56. Then when executed court order or statement of the Prosecutor's sentencing, the officer shall prepare a statement concerning forced labour (two copies). Not later than three working days after the forced performance one copy of this notice by registered letter sent to the Court or Prosecutor's Office or submitted to, the second is added to the customer's use of the probation and probation at the request of the customer a copy of the probation or dispatched to the customer shall be issued. 57. The communication on the implementation of the forced labour: 57.1. 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;
57.2. the number of criminal cases;
57.3. court filing number;
57.4. Court ruling or the Prosecutor's statement on the date of entry into force;
57.5. the application of the forced labour hours;
57.6. executable forced working hours;
57.7. forced labour hours worked;
57.8. forced job execution start date;
57.9. forced labour enforcement. VIII. Closing question 58. Be declared unenforceable: 58.1. Cabinet of Ministers of 14 June 2005, Regulation No 417 "forced labour enforcement coordination arrangements" (Latvian journal, 2005, 96 no);
58.2. Cabinet of Ministers of 28 august 2007 rules No 581 "the order in which the national probation service organized criminal-forced labour-run" (Latvian journal, 2007, 141 no). Prime Minister v. dombrovsky Minister of Justice Mr Segliņš

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