Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
20 November 2008 [shall
come into force on 1 January 2009];
27 November 2008 [shall come into force on 23 December
2008];
23 April 2009 [shall come into force on 25 April
2009];
16 June 2009 [shall come into force on 1 July
2009];
14 July 2011 [shall come into force on 11 August
2011];
15 December 2011 [shall come into force on 30 December
2011];
12 September 2013 [shall come into force on 1 January
2014];
17 December 2014 [shall come into force on 1 January
2015];
18 June 2015 [shall come into force on 14 July
2015];
3 March 2016 [shall come into force on 29 March
2016];
28 April 2016 [shall come into force on 26 May
2016];
7 December 2017 [shall come into force on 3 January
2018];
28 June 2019 (Constitutional Court Judgment) [shall come
into force on 2 July 2019];
28 May 2020 [shall come into force on 23 June
2020];
16 June 2022 [shall come into force on 20 July 2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Law on the Procedures for Holding
under Arrest
Chapter I
General Provisions
Section 1. Purpose of this Law
The purpose of this Law is to ensure commensurate conformity
with the human rights and the interests of criminal proceedings
in applying the security measure - arrest.
Section 2. Grounds for Executing
Arrest
A decision of an investigating judge or a court ruling on the
imposition of arrest shall be the grounds for executing
arrest.
Section 2.1 Grounds for
Executing Temporary Arrest
A decision of an investigating judge on the imposition of
temporary arrest shall be the grounds for execution of temporary
arrest of a person convicted abroad.
[15 December 2011]
Section 3. Arrested Person
(1) An arrested person is a person on whom the security
measure - arrest - has been applied by the investigating judge or
a court.
(2) The norms of this Law shall also be applied to a person
who has been taken over for serving the sentence from a foreign
country or on whom temporary arrest has been imposed and who has
been placed in a remand prison.
(3) If a convicted person, on the basis of a decision of a
court, a prosecutor or the Prosecutor General of the Republic of
Latvia, has been transferred to a remand prison or a division of
a remand prison created in another prison (hereinafter - the
remand prison) due to examination of a case in a court or
investigatory activities in a case, the extent of the rights of
the abovementioned person shall be determined by the Sentence
Execution Code of Latvia.
[14 July 2011; 15 December 2011]
Section 4. Arrest Execution
Institutions
(1) Arrest shall be executed in the remand prison. In the
Republic of Latvia remand prisons shall be established and
liquidated by the Ministry of Justice.
(2) The internal rules of procedure of remand prisons shall be
governed by the Cabinet.
(3) Upon request of the person directing the proceedings, an
arrested person may be placed in a place of temporary detention
for the time period necessary for the performance of procedural
activities and court proceedings. After detention a wanted
arrested person may be placed in a place of temporary detention
until his or her transfer to a remand prison. The internal rules
of procedure of a place of temporary detention shall be
applicable to the arrested person at the place of temporary
detention, and he or she shall be provided with the living
conditions of a place of temporary detention.
(4) The Cabinet shall determine the technical requirements for
the construction of remand prisons.
(5) The execution of arrest shall be organised in conformity
with the restrictions on meetings and communication imposed on
the arrested person by the person directing the proceedings.
[14 July 2011; 3 March 2016; 28 April 2016; 16 July
2022]
Section 5. Supervision of Execution
of Arrest
[14 July 2011]
Section 5.1 Visitation of
a Remand Prison
(1) Persons who come to a remand prison to visit arrested
persons or to perform professional duties may not be under the
influence or intoxication of alcohol, narcotic, or other
intoxicating substances.
(2) A person who comes to a remand prison to perform
professional duties shall present the permission of the person
directing the proceedings to meet the arrested person, except for
cases where the person is involved in ensuring the procedures for
the execution of arrest provided for in this Law or the law does
not require the person to obtain the permission of the person
directing the proceedings.
(3) An official of a remand prison shall check whether the
arrested person is not subject to restrictions on meetings and
communication with the person with whom he or she meets or who
visits him or her during the performance of professional
duties.
(4) The head of a remand prison may prohibit meetings or
visits which may endanger the security of the prison or the
public, the rights of other persons or may contribute to the
commission of a criminal offence. The decision of the head of a
remand prison to prohibit a meeting or visit may be contested to
the head of the Prison Administration in accordance with the
procedures laid down in the Administrative Procedure Law. The
decision of the head of the Prison Administration may be appealed
to the District Administrative Court in accordance with the
procedures laid down in the Administrative Procedure Law. A
decision of the District Administrative Court may not be
appealed. Submitting of a complaint shall not suspend the
enforcement of the decision.
[16 June 2022]
Section 5.2 Issuance of
Documents and Correspondence Addressed to the Arrested Person
(1) If a document is received electronically from the person
directing the proceedings in a remand prison for the issuance
thereof to the arrested person, an employee designated by the
head of the remand prison shall, not later than the next working
day, print out the document without registering it or subjecting
it to inspection and, ensuring confidentiality, place it in an
envelope which shall be sealed. The envelope shall bear the given
name and surname of the person directing the proceedings from
whom the document was received, the given name and surname, the
year of birth of the arrested person to whom it is to be issued
and shall be handed over to an official of the remand prison for
the issuance thereof to the arrested person. The official of the
remand prison who issued the document to the arrested person
shall complete a form indicating the name or number of the
document, the date and time of issuing the document, or the fact
that the arrested person refused to accept the document and shall
send it to the person directing the proceedings not later than
two working days after completion of the form.
(2) Correspondence received by post in the remand prison and
addressed to the arrested person shall be issued not later than
within three working days from the date of receipt or delivery
thereof.
[16 June 2022]
Chapter II
Placing of Arrested Persons in the Remand Prison
Section 6. Personal File of an
Arrested Person
(1) The employees of a remand prison shall create a personal
file for each arrested person or shall continue the personal file
of the arrested person if the arrested person has been
transferred from a prison for the execution of arrest. The
following documents shall be mandatorily included in the personal
file:
1) a decision of an investigatory judge or a court ruling on
the imposition of arrest;
2) the dactyloscopic card of the arrested person;
3) a copy of the detention protocol if the person has been
detained;
4) a questionnaire of the arrested person;
5) photographs of the arrested person and his or her special
features, and also criminalistic characterisation of the arrested
person.
6) information on the course of the social rehabilitation of
the arrested person;
7) information on the punishments imposed on the arrested
person for the violation of the internal rules of procedure of
the remand prison and also information on the incentives
applied.
(2) The personal file of an arrested person shall include
documents that provide information on the course of execution of
arrest, and also the administrative acts taken in relation to the
arrested person.
(3) The following shall be appended to the personal file of
the arrested person:
1) a passport or an identity card;
2) a temporary certificate, a return certificate, or an
emergency travel document;
3) information at the disposal of the remand prison on the
education received by the arrested person.
(4) In transferring an arrested person to the remand prison
from the place of temporary arrest, the documents referred to in
Paragraph one, Clauses 1-3 of this Section and the documents
removed from the person shall be sent with him or her.
(5) In transferring an arrested person to the place of
temporary arrest from the remand prison or vice versa, the
personal file of the arrested person shall be sent with him or
her. In transferring an arrested person to the prison from the
remand prison or vice versa, the personal file of the arrested
person shall be sent with him or her.
(6) The content of the questionnaire of an arrested person and
the procedures for drawing up thereof, and also the procedures
for drawing up of a personal file shall be determined in the
internal rules of procedure of remand prisons.
(7) Information on arrested persons, photographs of arrested
persons and their special features, and also criminalistic
characterisations of arrested persons shall be registered in the
Integration Information System of the Interior. The photographs
to be obtained and the mandatory technical requirements laid down
for them, and also the scope of information to be included in the
Integrated Information System of the Interior, the procedures for
inclusion and deletion, storage term thereof and the institutions
which should be granted access to the information stored in the
referred-to information system shall be determined by the
Cabinet.
[15 December 2011; 16 June 2022]
Section 6.1 Sending of
Information to the State Border Guard
If a court judgment in another criminal case has entered into
effect in respect of an arrested person according to which the
arrested person is to be removed from the Republic of Latvia
after serving the basic punishment, the administration of the
remand prison shall, within 30 days after the placement of the
arrested person in the remand prison, inform the State Border
Guard thereof in writing in accordance with a law or regulation
regarding forced removal of a foreigner, a travel document and
the issuing thereof. The arrested person is removed in accordance
with the procedures laid down in the Immigration Law.
[16 June 2022]
Section 7. Placing of an Arrested
Person in the Remand Prison
When placing in the remand prison, an arrested person shall
be:
1) registered, indicating his or her given name, surname,
personal identity number or year and date of birth (if the
arrested person has not been assigned a personal identity number
in the Republic of Latvia), the court or investigation judge who
took the decision to impose the security measure and the time
period when the arrested person is placed in the remand
prison;
2) searched by a prison employee of the same sex. The results
of the search shall be recorded in a protocol.
Section 8. Accepting of the
Belongings of an Arrested Person for Storage
(1) The internal rules of procedure of remand prisons shall
determine the list and quantity of belongings allowed in remand
prisons for individual use. The arrested person shall hand over
the belongings which are not included in the abovementioned list
or exceed the quantity indicated therein for storage at the
remand prison.
(2) In transferring an arrested person to the remand prison
from the place of temporary arrest, he or she shall be able to
keep the quantity of belongings specified in the list of articles
allowed in the cell of the place of temporary arrest, but the
remaining belongings shall be handed over by the arrested person
for storage at the remand prison.
(3) The belongings accepted for storage at the remand prison
shall be recorded and indicated in an act on acceptance. The act
shall be signed by the arrested person and a prison employee who
accepts the belongings. The arrested person shall be issued a
signed copy of the act on acceptance.
Section 9. Alienation of
Unauthorised Belongings and Money
(1) The money which has not been voluntarily handed over by an
arrested person shall be alienated and, after coordination with
the person directing the proceedings, transferred to the basic
budget account of the remand prison for the improvement of the
public and household conditions.
(2) Precious metals, precious stones and their articles which
have not been voluntarily handed over by an arrested person shall
be alienated and, after coordination with the person directing
the proceedings, transferred for sale to the State Revenue
Service. The resources obtained shall be transferred into the
State basic budget.
(3) Money, precious metals, precious stones and their articles
which have not been voluntarily handed over by a minor arrested
person shall be issued to his or her parents or guardian.
[14 July 2011]
Section 10. Health Examination of an
Arrested Person
(1) Upon placement in the remand prison an arrested person
shall undergone health examination and decontamination in
accordance with the procedures stipulated by the Cabinet.
(2) Results of health examination of an arrested person shall
be recorded in the outpatient's card of the patient.
Section 11. Accommodation of
Arrested Persons in the Remand Prison
(1) An arrested person and a convicted person who have been
placed in a remand prison in the cases specified in the laws and
regulations governing execution of criminal sentences shall be
accommodated in the remand prison in a closed room (cell).
(2) Arrested men and women, and also minors and adult arrested
persons shall be accommodated separately.
(3) Persons arrested in the same criminal proceedings shall be
held separately for 10 days. After expiry of the abovementioned
period, such arrested persons shall be held separately if the
decision of the person directing the proceedings to restrict
meetings and communication with such arrested persons has been
received.
(4) Arrested persons shall be accommodated separately from
convicted persons, except for when convicted persons are placed
in the remand prison due to commission of another criminal
offence.
(5) If the arrested person is a judge, a person belonging to
the judicial system, an employee, a former employee of an
investigation institution, an institution for execution of
criminal sentences, a State authority performing operational
activities, municipal police, or another State authority involved
in ensuring national and public safety, his or her spouse or a
first-degree relative, he or she shall be accommodated separately
from other arrested persons. An arrested person who has helped
uncover a crime committed by another person and for whom a court,
in accordance with the procedures laid down in the Criminal Law,
has reduced the sentence specified in the judgement shall be
accommodated separately from other arrested persons if he or she
has requested it.
(6) The arrested persons who have not served the sentence in
prisons before arrest shall be placed separately from other
arrested persons. The arrested persons shall be placed in cells
taking into account internal security, and also (as much as
possible) individual characteristics and psychological
compatibility.
(7) The decision of the head of a remand prison to accommodate
an arrested person in a remand prison shall not be subject to
contesting or appeal.
[20 November 2008; 14 July 2011; 18 June 2015; 16 June
2022]
Section 11.1 Transfer of
Arrested Persons to Another Remand Prison
(1) The head of the Prison Administration may transfer an
arrested person to another remand prison, taking into account
medical, security, and crime prevention criteria. The decision of
the head of the Prison Administration to transfer an arrested
person to another remand prison shall not be subject to
contesting or appeal.
(2) The administration of such remand prison to which the
arrested person has been transferred shall inform the person
directing the proceedings of the transfer of the arrested person
to the specific remand prison.
[7 December 2017]
Chapter III
Rights and Obligations of an Arrested Person
Section 12. Familiarisation with the
Rights of an Arrested Person
After placement in the remand prison, the administration shall
familiarise an arrested person without delay with his or her
rights and obligations in the language understood by him or her
(if necessary, inviting an interpreter), and also inform of
officials whom he or she may address with complaints and
requests. The arrested person shall certify with his or her
signature that he or she has been familiarised with the
abovementioned information.
Section 13. Rights of an Arrested
Person
(1) An arrested person has the right:
1) to inform his or her parents, guardian, trustee, children,
brothers, sisters, grandparents, grandchildren (hereinafter - the
relatives), spouse, or another person of his or her location. The
relevant expenditures shall be covered from the resources of the
remand prison;
2) to receive money transfers;
3) to purchase food products and basic necessity goods at the
permanent location of sale established by a merchant in the
territory of the remand prison;
4) to have a daily walk lasting not less than one hour (if
there is a corresponding instruction from a physician - not less
than one and a half hours long);
5) to communicate with persons outside the remand prison by
means of correspondence, thee use of the remand prison telephone
(payphone) or video communication, except for the case if the
arrested person is subject to the restrictions imposed by the
person directing the proceedings on meetings and communication
with the abovementioned persons;
6) to meet his or her relatives, spouse, or other persons for
at least an hour once a month in order to maintain relationships
with family members and relatives and to maintain and promote
socially useful contacts, except for the case if the arrested
person is subject to the restrictions imposed by the person
directing the proceedings on meetings and communication with the
abovementioned persons;
7) to meet with a defence counsel with whom an agreement in
the particular criminal proceedings has been entered into in
which the arrest has been applied or who is providing
State-ensured legal aid in the particular criminal proceedings in
which the arrest has been applied, to meet with a defence counsel
in other criminal proceedings if the defence counsel has obtained
a permission from the person directing the proceedings, an
advocate who has obtained a permission from the person directing
the proceedings, and for a foreigner to meet alone with a
representative of the diplomatic or consular mission of the
country of the foreigner without a limitation on the number of
meetings and in conformity with the daily procedures of the
remand prison;
8) to subscribe to publications, and also to use the library
stock of the remand prison;
9) to wear personal underwear, clothing, and footwear;
10) to use personal small-scale household appliances - TV set
(the size of the screen up to 50 cm cornerwise) and the video
games to be connected thereto, and also a refrigerator, water
heating appliances, transistor radio (without the possibility of
voice recording). The total weight of the household appliances to
be used in individual use shall not exceed 30 kilograms;
11) to keep with themselves the belongings allowed for
individual use, the food products purchased at the permanent
location of sale established by a merchant in the territory of
the remand prison, to receive non-food products with consignments
and parcels in accordance with the procedures and in the quantity
provided for in the internal rules of procedure of remand
prisons;
12) to say goodbye to a deceased relative in accordance with
the procedures laid down in Section 13.2 of this
Law.
(2) [14 July 2011]
(3) In deciding on the length and frequency of the meeting
stipulated in Paragraph one, Clause 6 of this Section, the
administration of the remand prison shall assess the necessity to
ensure equal possibilities of meeting for all arrested
persons.
(4) An arrested person placed in the Prison Hospital of Latvia
shall be ensured with the possibility, according to the
instructions of a physician, to communicate with relatives,
spouse, or other persons by using a video communication
possibility at the place for a short-duration visit in the
presence of a representative of the administration of the remand
prison. The number and duration of such video communication
possibilities shall be determined according to the number and
duration of meetings specified in this Law.
(5) In addition to the rights referred to in this Section, an
arrested foreigner and an arrested person whose permanent place
of residence is other than Latvia have the right to use the video
communication possibility twice per month for up to 15 minutes
for communication with relatives, spouse, or other persons in the
presence of a representative of the remand prison.
(6) In addition to the rights referred to in this Section,
arrested persons with hearing impairment and deaf arrested
persons have the right to use the video communication possibility
twice per month for up to 30 minutes for communication with
relatives, spouse, or other persons in the presence of a
representative of the remand prison.
[Judgment of the Constitutional Court of 23 April 2009; 14
July 2011; 18 June 2015; 3 March 2016; 7 December 2017; 28 May
2020; 16 June 2022]
Section 13.1 Provisions
for the Course of a Meeting
(1) The head of a remand prison shall issue a meeting permit
on the basis of a submission of an arrested person and taking
into account the restrictions imposed by the person directing the
proceedings on meetings and communication. The submission to
allow a meeting shall be submitted at least 10 working days prior
to the planned meeting.
(2) An arrested person shall be allowed to meet his or her
relatives and spouse. Prior to the first meeting the visitor
shall present documents confirming kinship or marriage.
(3) It shall be allowed for an arrested person to meet a
person who is not his or her relative or spouse if prior to the
application of arrest the arrested person has had a common
household with this person or they have a common child. Prior to
the first meeting the visitor shall present documents confirming
a common household or birth of the child.
(4) The head of a remand prison may allow an arrested person
to meet a person who is not his or her relative, spouse or with
whom he or she has not had a common household or does not have a
common child if such meeting is to promote the maintenance of
socially useful contacts and if the arrested person has not been
visited by anyone for a long time, and if the arrested person is
not subject to the restrictions imposed by the person directing
the proceedings on meetings and communication with the
abovementioned person insofar as such meeting does not endanger
the security of the prison or the public, the rights of other
persons or does not contribute to the commission of a criminal
offence.
(5) A meeting shall take place without the presence of a
representative of the administration of the remand prison but
under conditions of visual control. Visual control may also be
performed by using engineering appliances.
(6) In an exceptional case, if it is necessary for security
reasons or it is requested by a visitor or an arrested person,
the head of a remand prison may, upon assessing each individual
case, take a reasoned decision on the course of the meeting
referred to in this Section in the presence of a representative
of the administration of the remand prison or under conditions of
a physical barrier.
(7) The decisions of the head of the remand prison referred to
in this Section may be contested to the head of the Prison
Administration in accordance with the procedures laid down in the
Administrative Procedure Law. The decision of the head of the
Prison Administration may be appealed to the District
Administrative Court in accordance with the procedures laid down
in the Administrative Procedure Law. A decision of the District
Administrative Court may not be appealed. Submitting of a
complaint shall not suspend the enforcement of the decision.
[7 December 2017; 16 June 2022]
Section 13.2 Right of an
Arrested Person to Say Goodbye to a Deceased Relative
(1) An arrested person may submit a written submission to the
head of a remand prison asking to allow him or her to say goodbye
to a deceased relative or spouse within the territory of the
remand prison and in the presence of a representative of the
administration of the remand prison (under conditions of visual
control).
(2) An arrested person shall indicate in the submission
referred to in Paragraph one of this Section the preferred date
and time for saying goodbye. The submission of the arrested
person shall be accompanied by a copy of the death certificate
and copies of the documents confirming the kinship or
marriage.
[28 May 2020; 16 June 2022]
Section 13.3 Provisions
for Telephone and Video Communication
(1) An arrested person may communicate with persons outside
the remand prison by telephone at least once a week and the
permitted duration of the conversation shall be at least five
minutes. Expenditures for telephone conversations shall be
covered by the arrested person or by the person with whom he or
she communicates.
(2) Video communication of an arrested person with persons
outside the remand prison shall take place in the cases and to
the extent provided for in this Law.
[16 June 2022]
Section 14. Obligations of an
Arrested Person
An arrested person has an obligation to:
1) hand over such belongings to the prison administration
which are not included in the list of belongings allowed for
individual use provided for in the internal rules of procedure of
remand prisons or exceed the quantity stipulated therein;
2) abide the health examinations and search determined in this
Law and other laws and regulations;
3) fulfil the lawful requirements of the administration of the
remand prison and the internal rules of procedure of remand
prisons;
4) conform to the daily order determined in the remand
prison;
5) clean the premises at the time determined in the daily
order of the remand prison;
6) treat the property of the remand prison with care;
7 maintain order in the premises of the remand prison and
maintain personal hygiene;
8) use the medicinal products prescribed by the medical
practitioner of the prison in the presence of the medical
practitioner;
9) abide the procedures for acquiring photographs of the
arrested person and his or her special features specified in this
Law and other laws and regulations;
10) pay for the paid services provided by the Prison
Administration.
11) cover expenditures for correspondence, except for the
cases provided for in this Law.
[15 December 2011; 18 June 2015; 16 June 2022]
Section 15. Submissions of Arrested
Persons
(1) An arrested person has the right to write submissions to
State and local government authorities.
(2) Submissions of an arrested person regarding matters which
are related to the circumstances of the implementation of the
safety measure - arrest - shall be examined by the head of the
remand prison in accordance with the procedures laid down in the
Law on Submissions. Submissions of an arrested person regarding
contesting an administrative act issued by the administration of
the remand prison and an actual action thereof shall be examined
by the head of the Prison Administration in accordance with the
procedures laid down in the Administrative Procedure Law.
(3) The correspondence of an arrested person with State and
local government authorities, the Ombudsman's Office, the human
rights authorities of the United Nations Organisation or the
Council of Europe, the Human Rights and Public Affairs Committee
of the Saeima, the Office of the Prosecutor, court,
defence counsel, person directing the proceedings, medical
treatment institution, and also the correspondence of an arrested
foreigner with the diplomatic or consular mission of his or her
country or the diplomatic or consular mission of the country
which is authorised to represent his or her interests shall not
be subject to examination.
(4) The correspondence of an arrested person with the
Ombudsman's Office, the human rights authorities of the United
Nations Organisation or the Council of Europe, the Human Rights
and Public Affairs Committee of the Saeima, the Office of
the Prosecutor, court, person directing the proceedings, medical
treatment institution, and also the correspondence of an arrested
foreigner with the diplomatic or consular mission of his or her
country or the diplomatic or consular mission of the country
which is authorised to represent his or her interests shall be
covered from the funds of a remand prison. The correspondence of
an arrested person with other State and local government
authorities is covered from the resources of the remand prison if
there are insufficient funds in the personal money accounting
card of the arrested person to send a letter. Correspondence of
the arrested person the expenditures of which are covered by the
remand prison shall be sent as an ordinary postal item.
(5) A submission to the head of the Prison Administration
regarding a decision of the head of the remand prison shall be
sent using the funds of the remand prison.
[27 November 2008; 3 March 2016; 7 December 2017; 16 June
2022]
Chapter IV
Holding of Arrested Women and Their Children, Minor Arrested
Persons in the Remand Prison
Section 16. Peculiarities of Holding
of Arrested Women in the Remand Prison
Upon request of the arrested woman and with a consent of the
Orphan's and Custody Court, her children who are not more than
three years old may also be accommodated at the remand prison.
During the time period when the Orphan's and Custody Court takes
the relevant decision, the child shall reside together with his
or her mother in the remand prison but not longer than one month
from the day when the child has been admitted to the remand
prison.
[27 November 2008; 16 June 2022]
Section 17. Imprisonment of an
Arrested Woman in the Remand Prison Together with a Child
(1) If the arrested woman is in the remand prison together
with her child (children), her daily regimen shall be coordinated
with the needs of the child (children) and a walk of not less
than one and a half hours long together with the child shall be
provided for therein.
(2) Children may stay with their mother in the remand prison
up to four years of age under full State support. The
administration of the remand prison shall, not later than three
months before the day when a child reaches four years of age,
notify the Orphan's and Custody Court according to the place of
residence of parents of the child that the time period during
which the child is allowed to stay with his or her mother at the
place of imprisonment is expiring. The Orphan's and Custody Court
shall check the conditions at the place of residence of the
father of the child and transfer the child into the care of the
father. If the child cannot be transferred to the father, the
Orphan's and Custody Court shall decide on the child care. In
choosing the future place of residence for the child, the
Orphan's and Custody Court shall take into account the point of
view of the mother of the child.
(3) If an arrested woman gives birth, the administration of
the remand prison has a duty to notify the General Registry
office, in the territory of operation of which the remand prison
is located, regarding such fact in writing in order to register
the birth of the child.
(4) The norms for the nourishment, hygiene articles, clothing
and equipment necessary for care of a child in the remand prison
shall be stipulated by the Cabinet.
[27 November 2008]
Section 18. Imprisonment of Minor
Arrested Persons in the Remand Prison
(1) In addition to the rights stipulated in Section 13 of this
Law a minor arrested person has the right to:
1) a meeting with his or her relatives, spouse, or other
persons once a week in accordance with the procedures referred to
in Section 13.1 of this Law;
2) at least a two-hour daily walk. Walking areas for minors
shall be equipped with an inventory for active physical
exercises;
3) telephone conversations with his or her relatives, spouse,
or other persons without a limitation of the number thereof if
the permission of the person directing the proceedings has been
obtained;
4) the video communication possibility twice per month for up
to 15 minutes for communication with relatives, spouse, or other
persons in the presence of a representative of the remand
prison.
(2) A minor arrested person shall participate in the social
rehabilitation, behavioural correction, educational, and also
cultural and sports events organised at the remand prison within
the scope of the daily regime.
(3) If an arrested minor has been placed in a punishment
isolation cell, it shall be allowed for him or her to take at
least a one-and-a-half hour daily walk.
(4) The head of the remand prison may permit a minor arrested
person to leave the territory of the remand prison for a time
period which is necessary for taking of examinations in a general
or vocational education institution. During such period the
remand prison shall ensure supervision of the minor arrested
person.
(5) Arrested persons who have reached 18 years of age shall,
under a decision of the head of the Prison Administration, be
transferred to a remand prison where arrested adults are
accommodated. In order to reinforce the results of social
rehabilitation and to provide the possibility to acquire general
or vocational education, arrested persons who have reached 18
years of age may, under a decision of the head of the Prison
Administration, be left in the remand prison where arrested
minors are accommodated until the day of entry into effect of a
court ruling but not longer than until reaching 21 years of age.
In an exceptional case, under a decision of the head of the
Prison Administration, an arrested person who has reached 21
years of age may be left in the remand prison where arrested
minors are accommodated until the end of the academic year. The
decisions of the head of the Prison Administration referred to in
this Paragraph shall not be subject to contesting or appeal.
(6) The regime, working conditions, standards for food,
financial and living conditions determined for arrested minors
shall apply to the arrested persons who have reached 18 years of
age and have been left in a remand prison where arrested minors
are accommodated in accordance with Paragraph five of this
Section.
(7) In addition to the rights referred to in this Section, the
minor arrested persons with hearing impairment and deaf arrested
persons have the right to use the video communication possibility
without a limitation on the number thereof for up to 30 minutes
for the communication with relatives, spouse, or other persons in
the presence of a representative of the remand prison if the
permission of the person directing the proceedings has been
received.
[14 July 2011; 7 December 2017; 16 June 2022]
Chapter V
Care for and Provision of Arrested Persons in the Remand
Prison
Section 19. Material Provision of
Arrested Persons
(1) The norms regarding nourishment and material provision of
everyday needs shall be determined by the Cabinet.
(2) The arrested person shall receive a warm meal three times
a day, ensuring normal course of the life functions of the body,
and also drinking water at any time.
(3) A minor arrested person shall receive food ensuring his or
her wholesome physical development.
(4) [18 June 2015]
(5) Cells in which arrested persons are staying shall be
provided with natural light but during the night - with
artificial lighting, and also air temperature which is not less
than 18°C and ventilation. Cells shall be equipped with a table,
stools (benches) and beds, and also places where arrested persons
may store their personal belongings and sanitary facilities
marked off the from the remaining room shall be arranged. The
norm for living space for one arrested person may not be smaller
than four square metres.
(6) An individual bed space, bedding, and a towel shall be
ensured for an arrested person in a remand prison. Not less than
once in seven days the arrested person shall wash in a bathhouse
or shower, and he or she shall be ensured with clean bed linen.
The arrested person shall be ensured with the possibilities of
taking care of personal hygiene, and also with a possibility of
washing his or her underwear and clothes.
(7) In order to ensure that an arrested person held in the
remand prison is able to make the telephone calls provided for in
this Law at the expense of the arrested person or of the person
with whom he or she communicates, telephone equipment shall be
installed in the remand prison. The administration of the prison
shall select the merchant which ensures the phone conversation
devices, their servicing, and phone conversation service in
accordance with the laws and regulations regarding the procedures
for the lease of the property of a public person.
(8) For an arrested person held in the remand prison, the
right to purchase specified in this Law shall be ensured at the
permanent location of sale established by a merchant in the
territory of the remand prison where it is possible to purchase
food and basic necessity goods. The merchant shall coordinate the
assortment of such goods with the Prison Administration. The
Prison Administration shall select the merchant who ensures sales
services of goods for arrested persons in the remand prison in
accordance with the laws and regulations regarding the procedures
for the lease of the property of a public person.
(9) If an arrested person does not have personal clothing or
footwear that is appropriate for the season and suitable for
wearing, the administration of the remand prison shall ensure him
or her with clothing and footwear.
[18 June 2015; 16 June 2022]
Section 20. Money of Arrested
Persons
(1) The money which is received by an arrested person in the
form of a transfer or which is paid in the cashier's office of
the remand prison shall not be issued to him or her but
transferred into the account opened for the prisons of the Prison
Administration in the Treasury or in the cash department of the
remand prison.
(2) The person responsible for the accounting of personal
money of an arrested person in the remand prison shall, on the
basis of a submission of the arrested person, make money
transfers from the funds present in the personal money accounting
card of the arrested person and pay for the registered purchases
of the arrested person at the permanent location of sale
established by a merchant in the territory of the remand
prison.
(3) An arrested person may make money transfers only with a
permission of the person directing the proceedings.
(4) The money of an arrested person shall be kept in the
account opened for the prisons of the Prison Administration in
the Treasury or in the cash department of the remand prison and
accounted in the personal money accounting card of the arrested
person. Money transfers shall be performed and money shall be
disbursed to the arrested person in euros. The money received in
another currency shall be recalculated in euros according to the
currency exchange rate used in accounting at the beginning of the
day when the money was received in the account opened for the
prisons of the Prison Administration in the Treasury or in the
cash department of the remand prison.
(5) Accounting of the funds in the personal money accounting
card of an arrested person, organising or control of the use
thereof shall be ensured in electronic form by the Prison
Administration.
(6) The Prison Administration shall provide the information at
its disposal on the circulation of personal money of an arrested
person and the funds present in the personal money accounting
card upon request of a State authority or official.
[16 June 2022]
Section 21. Possibility of Arrested
Persons to Receive Consignments and Parcels
(1) An arrested person shall be permitted to receive only
non-food products in consignments and parcels. In order to
prevent any threat to the security of prisons or public, and also
the transfer of prohibited objects or substances to arrested
persons, employees of a remand prison shall examine the content
of consignments and parcels.
(2) The procedures for accepting and issuing of consignments
or parcels, and also the list and quantity of such articles which
may be received with consignments and parcels shall be determined
by the internal rules of procedure of remand prisons.
(3) A decision of the head of a remand prison to refuse to
accept any objects which are not permitted to be received at the
remand prison via consignments and parcels shall not be subject
to contesting or appeal.
[18 June 2015; 7 December 2017]
Section 22. Health Care of Arrested
Persons
(1) Arrested persons shall receive health care services
financed from the State budget in the amount and in accordance
with the procedures laid down in the laws and regulations
regarding the financing and organising of health care. Arrested
persons shall receive health care services not financed from the
State budget in accordance with the procedures laid down in the
Medical Treatment Law.
(2) In addition to the amount of health care specified in the
laws and regulations regarding the financing and organising of
health care, arrested persons shall receive emergency
stomatological assistance.
(3) The Cabinet shall determine the procedures for
implementing health care of arrested persons.
[17 December 2014]
Section 22.1 Organising
of the Health Care of Arrested Persons
(1) Health care of arrested persons shall be provided at the
medical unit of a remand prison or the Prison Hospital of Latvia.
If arrested persons require health care services which cannot be
provided in the remand prison or the Prison Hospital of Latvia,
arrested persons shall be moved to a medical treatment
institution providing the relevant services outside the
prison.
(2) If arrested persons require emergency medical assistance
which cannot be provided in the prison, such assistance shall be
provided to them in another medical treatment institution outside
the prison.
(3) In the case referred to in the second sentence of
Paragraph one of this Section, the administration of the remand
prison shall ensure movement and security of an arrested person
in the medical treatment institution, whereas in the case
referred to in Paragraph two of this Section - security guard of
an arrested person during receipt of the health care service.
(4) Expenditures for health care services provided to arrested
persons in medical treatment institutions outside the prison
shall be covered by the administration of the remand centre in
the amount and in accordance with the procedures laid down in the
laws and regulations regarding the financing and organising of
health care.
(5) An arrested person who is located in a medical treatment
institution outside the prison has an obligation to stay only on
the premises indicated by a medical practitioner or an official
of the prison.
(6) An arrested person shall only be allowed to keep personal
hygiene items with himself or herself while staying in a medical
treatment institution outside the prison. The rights specified in
this Law to take a daily walk, to receive consignments and
parcels, to receive, send, and use money transfers, to meet
relatives, spouse, or other persons, to purchase literature and
stationery, to send and receive letters, to use personal
household appliances, to make telephone conversations, to make
purchases at the permanent location of sale established by a
merchant in the territory of the remand prison, to store food
products, except for those provided by the medical treatment
institution, shall not apply to an arrested person who is located
in a medical treatment institution outside the prison.
[17 December 2014; 18 June 2015; 7 December 2017; 16 June
2022]
Section 22.2 Procedures
for the Movement and Security of Arrested Persons During the
Receipt of Health Care Services
The Cabinet shall determine the procedures for the movement
and security of arrested persons during the receipt of health
care services in a medical treatment institution outside the
prison.
[17 December 2014]
Section 22.3 Restrictions
on the Rights of an Arrested Person in the Medical Clinic of the
Remand Prison
(1) An arrested person shall be placed in the medical clinic
of the remand prison according to the instructions of a physician
and medical indications.
(2) During a time period when an arrested person is in the
medical clinic of the remand prison, he or she shall exercise the
rights referred to in this Law according to the instructions of a
physician and medical indications.
[16 June 2022]
Section 22.4 Placement of
Arrested Persons and Scope of the Rights in the Prison Hospital
of Latvia
(1) Arrested persons shall be placed in the Prison Hospital of
Latvia by an order of the head of the Prison Administration
according to the instructions of a physician and medical
indications. Arrested persons held in the Olaine Prison shall be
placed in the Prison Hospital of Latvia by a decision of the head
of the Olaine Prison according to the instructions of a physician
and medical indications.
(2) Security and permanent surveillance of arrested persons is
ensured in the Prison Hospital of Latvia. Arrested persons in the
Prison Hospital of Latvia shall be placed in closed wards
according to medical indications, taking into account the
requirements laid down in Section 11 of this Law. In certain
cases, taking into account the safety criteria and the criteria
for the prevention of crime and according to the instructions of
a physician, arrested persons may be placed in the same ward as
convicted persons if it is not in contradiction with the
restrictions imposed by the person directing the proceedings on
meetings and communication and if their medical indications allow
it.
(3) Arrested persons in the Prison Hospital of Latvia have the
following rights:
1) to have meetings to the extent and in accordance with the
procedures laid down in this Law;
2) to shop, through employees of the remand prison, at the
permanent location of sale established by a merchant in the
territory of the remand prison;
3) to use telephone conversations in accordance with the
procedures and to the extent laid down in this Law;
4) to use a personal TV set and a transistor radio (without
voice recording functionalities), use a TV set issued by the
administration of the Prison Hospital of Latvia at the time
indicated by the administration, or watch television broadcasts
at the time specified on the daily schedule with the permission
of an attending physician in a room arranged outside a ward;
5) to wear personal clothing with the permission of the
administration of the remand prison;
6) to receive (exchange) books through employees of the remand
prison;
7) to have walks in the open air with the permission of an
attending physician for at least one hour a day;
8) to meet with a clergyman in private and attend religious
services with the permission of an attending physician;
9) to participate in sports, cultural, and religious events
with the permission of an attending physician;
10) to smoke during walks;
11) to store tobacco products, lighters containing gas, and
matches in a place outside a ward indicated by the administration
of the Prison Hospital of Latvia.
(4) The meeting may be postponed or replaced for an arrested
person by a video communication or telephone conversation
according to the instructions of a physician. The number and
duration of such video communication and telephone conversations
shall be determined according to the number and duration of
meetings specified in this Law.
(5) Duration of the telephone conversation referred to in this
Section shall be at least five minutes, whereas duration of the
video communication - up to 15 minutes.
(6) The head of the remand prison may restrict the rights
referred to in this Section according to the instructions of a
physician and medical indications.
[16 June 2022]
Chapter VI
Social Rehabilitation, Spiritual Care, Training, and Employment
of Arrested Persons
Section 23. Main Means for Social
Rehabilitation of Arrested Persons
The main means for social rehabilitation of arrested persons
shall consist of socially useful activities such as acquisition
of general, vocational, and interest-related education,
educational measures and employment, and also psychological
assistance.
[3 March 2016; 16 June 2022]
Section 24. Education of Arrested
Persons
The administration of the remand prison shall ensure as much
as possible that arrested persons acquire general, vocational,
and interest-related education.
Section 25. Organising of Educating
Measures
(1) Registered foundations and associations, and also
religious organisations after coordination with the Prison
Administration shall be permitted to implement educating measures
in remand prisons within the scope of social rehabilitation of
arrested persons.
(2) The procedures by which an arrested person shall be
permitted to participate in educating measures shall be
determined by the Cabinet.
Section 26. Employment of Arrested
Persons
(1) The administration of the remand prison shall employ an
arrested person within the scope of social rehabilitation, if he
or she has submitted a submission addressed to the head of the
remand prison and there is such an opportunity at the remand
prison.
(2) An arrested person may be involved without remuneration
only in upkeep and improvement of the remand prison and the
surrounding territory, and also in improvement of the cultural
and everyday conditions of arrested persons. Such activities
according to the daily regimen may last two hours a day. Upon a
wish of the arrested person he or she may be employed in the
abovementioned work for a longer period of time.
(3) An arrested person shall be employed in a cell or in a
specially equipped room at the remand prison.
(4) An arrested person shall be employed only in such work
where determination of a piecework salary is possible.
(5) An arrested person shall be employed by entering into a
contract for work performance for a definite time period.
Entering into such a contract shall be possible only with a
consent of the head of the remand prison and the person directing
the proceedings.
(51) A complaint may be submitted to the head of
the Prison Administration regarding the decision of the head of
the remand prison not to allow an arrested person to enter into a
work performance contract. The decision of the head of the Prison
Administration is not subject to appeal. A complaint may be
submitted in accordance with the procedures laid down in Chapter
24 of the Criminal Procedure Law regarding the decision of the
person directing the proceedings to not to allow an arrested
person to enter into a work performance contract.
(6) The content of a contract for work performance and the
procedures for entering into it, if an arrested person is
employed, shall be determined by the Cabinet.
(7) The payment determined for an arrested person may not be
less than payment for equivalent work outside the remand
prison.
[18 June 2015]
Section 27. Spiritual Care of
Arrested Persons
(1) Spiritual care of an arrested person shall be carried out
by the chaplain service of the Prison Administration.
(2) The chaplain service of the Prison Administration shall
organise and coordinate religious activities of religious
organisations at the remand prison.
(3) An arrested person has the right to request a chaplain
that he invites a minister representing the faith of the arrested
person.
(4) The procedures by which an arrested person is allowed to
meet a minister and to participate in religious activities of
religious organisations shall be stipulated by the internal rules
of procedure of remand prisons.
Section 27.1 Attending of
Educational and Religious Events
An arrested person has the right to attend educational and
religious events or meet a minister individually. The head of a
remand prison or an authorised official thereof may take the
decision not to allow the arrested person to attend educational
and religious events or meet a minister individually if such
restrictions have been imposed on the arrested person by the
person directing the proceedings or they are necessary to comply
with the isolation requirements, instructions of a medical
practitioner, or other considerations related to the security of
the institution. A complaint may be submitted to the head of the
Prison Administration regarding such decision of the head of the
remand prison or authorised official thereof. The decision of the
head of the Prison Administration is not subject to appeal.
[18 June 2015]
Section 27.2
Psychological Assistance to Arrested Persons
If arrested persons require psychological assistance, it shall
be ensured in the remand prison by conducting psychological
assessment, preparing a psychological assessment report, advising
individually, in a group, or in a crisis situation. If an
arrested person has attempted to commit suicide, psychological
assistance shall be provided immediately but not later than on
the working day following receipt of the relevant information or
assignment of the head of the remand prison.
[16 June 2022]
Chapter VII
Measures for the Provision of Regimen at the Remand Prison
Section 28. Safety Measures
(1) An employee of the remand prison has the right to search
an arrested person in the cases and in accordance with the
procedures provided for in the internal rules of procedure of
remand prisons. An arrested person shall be searched by an
employee of the remand prison of the same sex.
(2) In order to prevent any threat to the security of prisons
or public and to control compliance with the restrictions imposed
by the person directing the proceedings on meetings and
communication of the arrested person, and also to prevent the
transfer of prohibited objects or substances to arrested persons,
employees of the remand prison shall examine the correspondence
of an arrested person, except for the correspondence with the
addressees referred to in Section 15, Paragraph three of this
Law. An official of the remand prison shall examine a letter
addressed to the arrested person or to be sent to his or her
addressee by opening it. If the official of the remand prison has
reasonable suspicions that the content of correspondence may pose
a threat to the security of the prison or public, the rights of
other persons or facilitate committing of a criminal offence, a
security officer of the remand prison shall examine the letter
addressed to the arrested person or to be sent to his or her
addressee also by reading it.
(3) Correspondence of an arrested person shall be seized
if:
1) the content thereof poses a threat to the purpose of
application of the arrest, the security of the remand prison, and
the procedures specified therein;
2) forwarding of the content thereof might promote committing
of an offence subject to a criminal punishment or administrative
penalty;
3) the content thereof might pose a threat to the rights and
interests of another person, protected by law;
4) the purpose of the correspondence is the exchange of
information between prisoners who have jointly committed a
criminal offence;
5) the correspondence is between the arrested person and a
person in respect of whom the person directing the proceedings
has imposed restrictions on meetings and communication.
(4) The seized letters shall be registered and kept by the
security officer of the remand prison who has been instructed to
censor the correspondence.
(5) In order to prevent any threat to the security of prisons
or public and to control compliance with the restrictions imposed
by the person directing the proceedings on meetings and
communication of the arrested person, telephone conversations and
video communication of the arrested person shall take place in
the presence of a representative of the remand prison, except for
telephone conversations or video communication with the
addressees referred to in Section 15, Paragraph three of this
Law. If the content of a telephone conversation or video
communication poses a threat to the security of prison or public,
the rights of other persons or may facilitate committing of a
criminal offence, the telephone conversation or video
communication shall be ended and the arrested person shall be
given the reason for ending it, except for the case where this
may pose a threat to achieving the objective of the control of
telephone conversations or video communication of arrested
persons specified in this Paragraph.
(6) The head of a remand prison or his or her authorised
official has the right to request that the visitor presents a
personal identification document, and also to inspect and search
the person and his or her belongings.
[14 July 2011; 7 December 2017; 16 June 2022]
Section 29. Incentives Given to an
Arrested Person
The head of the remand prison may give the following
incentives to an arrested person for exemplary behaviour:
1) expression of gratitude;
2) [14 July 2011];
3) to grant additional time for walk;
4) to grant additional time for telephone conversations;
5) to grant additional meetings with his or her relatives,
spouse, or other persons in the presence of a representative of
the administration of the remand prison.
[14 July 2011; 7 December 2017]
Section 30. Punishments to be
Imposed on an Arrested Person for the Violation of the Internal
Rules of Procedure of Remand Prisons
(1) The head of the remand prison may impose the following
punishments to an arrested person for the violation of the
internal rules of procedure of remand prisons:
1) give a warning;
11) take away personal TV set or transistor radio
(without the possibility of voice recording) for a period of up
to one month, and transfer it for storage in the warehouse of the
remand prison or return to persons who have given it to the
arrested person for use;
2) issue a reprimand;
3) prohibit to purchase food products and tobacco products at
the permanent location of sale established by a merchant in the
territory of the remand prison for a period of up to one
month;
4) prohibit the current meeting with relatives, spouse, or
other persons;
5) prohibit to have telephone conversations for a period of up
to one month;
6) place an arrested person of legal age in a punishment cell
for a period of up to 14 days;
7) place a minor arrested person in a punishment cell for a
period of up to three days.
(2) The prohibition to meet with parents or a guardian, and
also the prohibition to have telephone conversations with parents
or a guardian may not be imposed as a punishment on minor
arrested persons.
(3) An entry on the imposition of a punishment shall be made
in the personal file of the arrested person.
(4) The punishment provided for in Paragraph one, Clause
1.1 of this Section shall be imposed only for the
violation of the procedures for the use of a personal TV set or
transistor radio (without the possibilities of voice recording)
provided for in the internal regulations of the investigation
prison.
(5) If the provisions of the procedures for walks provided for
in the internal rules of procedure of the remand prison are
violated during a walk, then the walk shall be discontinued and a
punishment shall be imposed on the arrested person for the
violation of the internal rules of procedure of the remand
prison.
[14 July 2011; 7 December 2017; 16 June 2022]
Section 31. Procedures for the
Imposition of a Punishment for the Violation of the Internal
Rules of Procedure of Remand Prisons
(1) The punishment referred to in Section 30, Paragraph one of
this Law shall be imposed not later than within 10 days from the
day when the violation was established, but if an official
authorised by the head of the remand prison has carried out an
inspection due to a violation - within 10 days after it has been
completed, however, not later than within six months from the day
when the violation was committed.
(2) Inspection shall be carried out within the time periods
indicated by the head of the remand prison, but not later than
within 10 days from the day when the head of the remand prison
became aware of the violation committed.
(3) Prior to taking the decision to impose a punishment, the
arrested person shall be informed of the nature of the violation
and given an opportunity to provide explanations for his or her
defence. Information on the nature of the violation committed,
the established circumstances of the violation and the
explanation of the arrested person shall be included in the
decision to impose a punishment.
(4) The punishments provided for in Section 30, Paragraph one
of this Law shall be imposed according to a written decision of
the head of the remand prison, except for warnings which may be
notified orally. The arrested person has the right to request
within a month that the warning is drawn up in writing. The
warning shall be drafted and issued in accordance with the
procedures laid down in the Administrative Procedure Law.
(5) The punishment imposed shall be executed immediately after
the decision to impose the punishment enters into effect, but not
later than one month from the date of its entry into effect. If
the punishment has not been executed within a month from the day
of taking the decision to impose the punishment, it shall not be
executed, except for the case where after imposition of the
punishment, i.e. placement in a punishment isolation cell, an
arrested person has been transferred to the Prison Hospital of
Latvia or moved to a medical treatment institution which is
located outside the remand prison. In such case, the imposed
punishment, i.e. placement in a punishment isolation cell, shall
be executed after return of the arrested person to the remand
prison.
[16 June 2009; 14 July 2011; 16 June 2022]
Section 32. Placing of Arrested
Persons in a Punishment Cell
(1) An arrested person may be placed in a punishment cell for
a gross or systematic violation of the internal rules of
procedure of remand prisons.
(2) An arrested person may be placed in a punishment cell only
if there is a physician's opinion that the health condition of
the arrested person allows serving of such punishment.
(3) Punishment - placement in a punishment cell - shall not be
imposed on an arrested pregnant woman, and also a woman who is in
a remand prison together with an infant.
[14 July 2011]
Section 33. Arrangement and
Equipment of a Punishment Cell
The minimum requirements for the arrangement and equipment of
a punishment cell, and also the procedures for holding in a
punishment cell shall be determined by the internal rules of
procedure of remand prisons.
Section 34. Restrictions of the
Rights of an Arrested Person in a Punishment Cell
(1) An arrested person is allowed to take personal hygiene
items, glasses, contact lenses, stationary, envelopes, notes, and
documents related to the criminal case, and also - with a
permission of the physician - technical assistance equipment and
medicinal products to a punishment cell.
(2) An arrested person who is placed in a punishment cell for
violations of the discipline shall not be allowed:
1) to use the right to a meeting;
2) to purchase food products and tobacco products;
3) to send letters to private individuals or to receive
letters from them;
4) to exercise the right to telephone conversations or video
communication;
5) to use table games;
6) to smoke.
(3) Arrested minors who have been placed in a punishment cell
shall be allowed to maintain correspondence with their relatives
and spouse.
[14 July 2011; 7 December 2017; 16 June 2022]
Section 35. Gross Violations of the
Internal Rules of Procedure of Remand Prisons
The following activities of an arrested person shall be
considered as gross violations of the internal rules of procedure
of remand prisons:
1) physical resisting to an employee of the remand prison or
defamation and injuring his or her dignity;
2) refusal to obey lawful requests of an employee of the
remand prison;
3) physical influencing of other arrested persons or different
infringement of their honour and dignity;
4) use, keeping, or distribution of alcohol, narcotic, or
other intoxicating substances;
5) refusal to be inspected for the purpose of ascertaining
whether the arrested person has used alcohol, narcotic, or other
intoxicating substances;
51) refusal to go to a medical treatment
institution for a medical examination, if the arrested person
does not agree to undergo a breath alcohol test or its
results;
6) storage and use of a mobile phone, its spare parts and SIM
card;
7) taking part in a game of cards or other gambling in order
to gain material or other benefits, extorting winnings;
8) intentional damaging of the property of the remand
prison.
[14 July 2011; 16 June 2022]
Section 36. Systematic Violations of
the Internal Rules of Procedure of Remand Prisons
Violations which have been committed two or more times during
the last six months shall be considered as systematic violations
of the internal rules of procedure of remand prisons.
Section 37. Procedures for
Contesting the Punishment Imposed for the Violation of the
Internal Rules of Procedure of Remand Prisons
(1) An arrested person may contest the imposed punishment to
the head of the Prison Administration in accordance with the
procedures laid down in the Administrative Procedure Law. The
decision of the head of the Prison Administration may be appealed
in accordance with the procedures laid down in the Administrative
Procedure Law. A judgement of the District Administrative Court
which has been taken on the imposition of the punishments
referred to in Section 30, Paragraph one, Clauses 1,
1.1, 2, 3, 4, and 5 of this Law on an arrested person
shall not be subject to appeal. A judgement of the District
Administrative Court which has been taken on the imposition of
the punishments referred to in Section 30, Paragraph one, Clauses
6 and 7 of this Law on an arrested person may be appealed by
submitting a cassation complaint to the Department of
Administrative Cases of the Supreme Court.
(2) Submission of a complaint shall not suspend the execution
of the punishment.
(3) [14 July 2011]
[16 June 2009; 14 July 2011; 18 June 2015]
Section 38. Procedures for Revoking
a Punishment Applicable for the Violation of the Internal Rules
of Procedure of Remand Prisons
(1) [14 July 2011]
(2) The punishment referred to in Section 30, Paragraph one of
this Law shall be revoked if an administrative penalty has been
imposed for the same violation.
[14 July 2011]
Chapter VIII
Release of an Arrested Person from a Remand Prison or Sending to
Serve a Custodial Sentence
Section 39. Grounds for the Release
of an Arrested Person from a Remand Prison
An arrested person shall be released from a remand prison in
the following cases:
1) a ruling on revocation of arrest has been received;
2) a ruling on the change of the security measure has been
received;
3) the maximum term of arrest provided for in the law has
elapsed;
4) the term of arrest exceeds the maximum term of a custodial
sentence stipulated in the Criminal Law which may be imposed by a
court for a criminal offence of the committing of which the
person has been accused;
5) the term of arrest exceeds the sentence imposed by a
court;
6) the term of arrest has elapsed and the decision on
extension of the term of arrest has not been received;
7) a request of a foreign country for the execution of the
custodial sentence imposed in this country together with the
necessary annexes has not been received within 18 days from the
day of detention in accordance with Section 771, Paragraph four,
Clause 1 of the Criminal Procedure Law.
[15 December 2011; 18 June 2015; 14 July 2015]
Section 40. Procedures for Releasing
an Arrested Person
(1) If the term of arrest has expired and the decision on the
extension of the term of arrest has not been received, the
arrested person shall be released in accordance with Section 314,
Paragraph four of the Criminal Procedure Law.
(2) An arrested person who is released from a remand prison
shall be issued a statement on the release according to the
sample provided for in the internal rules of procedure of remand
prisons. The head of the remand prison shall sign the statement
and certify with a seal of the remand prison with the State coat
of arms.
(3) An arrested person who is released from the remand prison
shall be settled in full by transferring the money in his or her
personal money accounting card to his or her account opened in a
credit institution or by disbursing it from the cash department
of the remand prison, and also shall be given the belongings,
jewellery, and documents belonging to him or her.
(4) An arrested person who is released from a remand prison
shall be covered the minimum expenditures of the public transport
for the purchase of a ticket to the place of residence in the
territory of Latvia, but the place of residence of the person is
outside Latvia - the minimum expenditures of the public transport
for the purchase of a ticket to the State border crossing point
or to the nearest railway station in the country with which
Latvia has land border.
(5) For an arrested prisoner who is released from the remand
prison and who does not have clothing or footwear that is
appropriate for the season and suitable for wearing, the
administration of the remand prison shall ensure him or her with
clothing and footwear that is appropriate for the season and
suitable for wearing.
[27 November 2008; 14 July 2011; 16 June 2022]
Section 41. Information on Release
of a Minor Arrested Person from a Remand Prison
The relevant Orphan's and Custody Court shall be informed of
release of such minor arrested person from a remand prison who
does not have parents or guardians so that it would settle the
minor in a place of residence and solve his or her social
security problems.
[27 November 2008]
Section 42. Sending of an Arrested
Person to Serve a Custodial Sentence
(1) A person shall be sent to a prison for serving a sentence
within 10 working days after receipt of the information regarding
the commencement of the enforcement of a court ruling.
(2) A person who has been given a custodial sentence in a
foreign country shall be sent from a remand prison to a prison
for serving the sentence within 10 working days after receipt of
the information on the commencement of the enforcement of the
court decision.
[14 July 2011; 15 December 2011; 7 December 2017]
Chapter IX
Administrative Offences in the Field of the Execution of Arrest
and Competence in the Administrative Offence Proceedings
[28 May 2020]
Section 43. Illegal Transfer of
Substances, Products, and Objects to an Arrested Person or
Illegal Receipt of Substances, Products, and Objects from an
Arrested Person
(1) For the illegal transfer of money, correspondence, food
products, alcohol, and other substances, products, and objects
that have been hidden from an inspection or for the actions with
the purpose of transferring them to an arrested person in any
manner, a fine of up to fourteen units of fine shall be
imposed.
(2) For the illegal receipt of substances, products, and
objects from an arrested person, a fine of up to fourteen units
of fine shall be imposed.
[28 May 2020 / Section shall come into force on 1 July
2020. See Paragraph 5 of Transitional Provisions]
Section 44. Competence in
Administrative Offence Proceedings
(1) The administrative offence proceedings for the offence
referred to in Section 43 of this Law shall be carried out by the
Prison Administration if the person to be held administratively
liable is known at the moment of establishing the offence.
(2) In other cases, the administrative offence proceedings for
the offence referred to in Section 43 of this Law shall be
initiated and the immediate procedural actions in the remand
prison shall be carried out by the Prison Administration, while
further procedural actions and the examination of the case shall
be carried out by the State Police.
[28 May 2020 / Section shall come into force on 1 July
2022. See Paragraph 6 of Transitional Provisions]
Transitional Provisions
1. With the coming into force of this Law, Cabinet Regulation
No. 288 issued in accordance with Article 81 of the Constitution,
Law on the Procedures for Holding under Arrest (Latvijas
Republikas Saeimas un Ministru Kabineta Ziņotājs, 2006, No.
11), is repealed.
2. The condition provided for in Section 11, Paragraph five of
this Law regarding placing of an arrested person separately from
other imprisoned persons shall be applicable to a former employee
of the Saeima and the security service of the President,
his or her spouse and relative of first degree.
[20 November 2008]
3. Amendments to Section 37, Paragraph one of this Law in
relation to appeal of the sentence imposed on arrested persons
shall not apply to cases where the District Administrative Court
has rendered the judgment until the day when such amendments came
into force. A judgement in such matters shall be appealed in
accordance with the procedures laid down in the Administrative
Procedure Law.
[16 June 2009]
4. The Cabinet shall, by 1 June 2015, issue the regulations
provided for in Section 22, Paragraph three and Section
22.2 of this Law regarding the procedures for
implementing health care of arrested persons and the procedures
for the movement and security of arrested persons during receipt
of health care services in a medical treatment institution
outside the prison. Cabinet Regulation No. 25 of 14 January 2014,
Regulations Regarding Health Care of Arrested and Convicted
Persons in Prisons, shall be applicable until the day of coming
into force of the Cabinet regulations provided for in Section 22,
Paragraph three of this Law, insofar as they are not in
contradiction with this Law.
[23 December 2014]
5. Section 43 of this Law shall come into force concurrently
with the Law on Administrative Liability.
[28 May 2020]
6. Section 44 of this Law shall come into force concurrently
with the amendments to the Law on Administrative Liability which
provide for the competence of the Prison Administration to
conduct administrative offence proceedings, but not later than on
1 July 2022. Until then, the administrative offence proceedings
regarding the offence referred to in Section 43 of this Law shall
be conducted by the State Police. Within this period, an official
of a remand prison has the right to bring an administrative
offence to an end and detain a person who commits or is suspected
of having committed an administrative offence until the moment
when a statement on the administrative offence is drawn up.
[28 May 2020]
Informative Reference to European
Union Directives
[3 March 2016; 7 December
2017]
The Law contains legal norms arising from:
1) Directive 2011/92/EU of the European Parliament and of the
Council of 13 December 2011 on combating the sexual abuse and
sexual exploitation of children and child pornography, and
replacing Council Framework Decision 2004/68/JHA;
2) Directive 2013/48/EU of the European Parliament and of the
Council of 22 October 2013 on the right of access to a lawyer in
criminal proceedings and in European arrest warrant proceedings,
and on the right to have a third party informed upon deprivation
of liberty and to communicate with third persons and with
consular authorities while deprived of liberty.
3) Directive (EU) 2016/800 of the European Parliament and of
the Council of 11 May 2016 on procedural safeguards for children
who are suspects or accused persons in criminal proceedings;
The Law has been adopted by the Saeima on 22 June
2006.
President V. Vīķe-Freiberga
Rīga, 4 July 2006
1 The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)