Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
20 November 2008 [shall
come into force from 1 January 2009];
27 November 2008 [shall come into force from 23 December
2008];
23 April 2009 [shall come into force from 25 April
2009];
16 June 2009 [shall come into force from 1 July
2009];
14 July 2011 [shall come into force from 11 August
2011];
15 December 2011 [shall come into force from 30 December
2011];
12 September 2013 [shall come into force from 1 January
2014].
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 adjudication
regarding application of arrest shall be the grounds for
executing arrest.
Section 2.1 Grounds for
Executing Temporary Arrest
A decision of an investigating judge on application 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 who has been applied a
security measure - arrest - 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 of the sentence from a
foreign state or who has been imposed temporary arrest and who
has been placed in an investigation 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 an investigation prison or a
division of an investigation prison created in another
deprivation of liberty institution (hereinafter - investigation
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 an investigation prison. In
the Republic of Latvia investigation prisons shall be established
and liquidated by the Ministry of Justice.
(2) The internal regulations of investigation prisons shall be
governed by the Cabinet.
(3) Upon request of a person directing the proceedings an
arrested person may be placed in specially equipped police
premises (hereinafter - place of temporary arrest) for a time
period necessary for the performance of procedural activities and
court proceedings. The living conditions of a place of temporary
arrest shall be ensured for the arrested persons there and the
internal regulation of the place of temporary arrest shall be
applicable to them.
[14 July 2011]
Section 5. Supervision of Execution of Arrest [14 July
2011]
Chapter II
Placing of Arrested Persons in an Investigation Prison
Section 6. Personal File of an
Arrested Person
(1) Employees of the investigation prison shall arrange a
personal file for each arrested person. The following documents
shall be mandatorily included in the personal file:
1) a decision of an investigatory judge or a court
adjudication regarding imposition of arrest;
2) the dactyloscopic card of the arrested person;
3) a copy of the arrest protocol if the person has been
arrested;
4) a questionnaire of the arrested person;
5) photographs of the arrested person and his or her special
features, as well as criminalistic characterisation of the
arrested person.
(2) The personal file of an arrested person shall include
documents that provide information regarding the course of
execution of arrest, as well as the administrative acts taken in
relation to the arrested person.
(3) A passport or an identity card, or a return permit, shall
be added to the personal file of the arrested person.
(4) In transferring an arrested person to an investigation
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 an investigation
prison from the place of temporary arrest 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, as well as the procedures
for drawing up of a personal file shall be determined in the
internal regulations of investigation prisons.
(7) Information regarding arrested person, photographs of
arrested persons and their special features, as well as
criminalistic characterisations of arrested persons shall be
registered in the Integration Information System of the Interior.
The photographs to be acquired and the mandatory technical
requirements to be brought forward for them, as well as the
amount of information to be included in the Integration
Information System of the Interior, the procedures for inclusion
and deletion thereof, the terms of storage and the institutions
to which access to the information included in the abovementioned
information system should be granted shall be determined by the
Cabinet.
[15 December 2011]
Section 7. Placing of an Arrested
Person in an Investigation Prison
When placing in an investigation 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 an investigation
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 regulations of investigation prisons shall
determine the list and quantity of belongings allowed in
investigation 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 investigation prison.
(2) In transferring an arrested person to an investigation
prison from the place of temporary arrest, he or she shall be
able to keep the quantity of belongings laid down 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 investigation prison.
(3) The belongings accepted for storage at the investigation
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 co-ordination with
the person directing the proceedings, transferred to the basic
budget account of the investigation prison for 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 co-ordination with the person directing
the proceedings, transferred for selling 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) After placing in an investigation prison an arrested
person shall undergone health examination and decontamination in
accordance with the procedures laid down 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 an Investigation Prison
(1) An arrested person and a convicted person who have been
placed in an investigation prison in the cases stipulated in the
laws and regulations governing execution of criminal punishments
shall be placed in the investigation prison in a closed room
(cell).
(2) Arrested men and women, as well as minors and adult
arrested persons shall be accommodated separately.
(3) Upon instruction of a person directing the proceedings
persons arrested within the scope of one criminal proceedings
shall be accommodated separately.
(4) Arrested persons shall be accommodated separately from
convicted persons, except the case when convicted persons are
placed in an investigation prison due to committing another
criminal offence.
(5) If an arrested person is an employee or former employee of
the Latvian Prison Administration, police, Prosecutor's Office,
courts, Corruption Prevention and Combating Bureau, Military
Police or Constitution Protection Office, his or her spouse or a
relative of first degree, the abovementioned person shall be
placed separately from other arrested persons.
(6) The arrested persons who have not served the sentence in
deprivation of liberty institutions before arrest shall be placed
separately from other arrested persons. The arrested persons
shall be placed in cells taking into account internal security,
as well as (as much as possible) individual characteristics and
psychological compatibility.
[20 November 2008; 14 July
2011]
Chapter III
Rights and Duties of an Arrested Person
Section 12. Familiarisation with the
Rights of an Arrested Person
After placing in an investigation prison the administration
shall familiarise an arrested person without delay with his or
her rights and duties in the language understood by him or her
(if necessary, inviting an interpreter), as well as inform
regarding 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 the family or other person regarding his or her
location. The relevant expenditure shall be covered from the
resources of the investigation prison;
2) to receive money transfers;
3) to purchase food products and basic necessities in the shop
of the investigation 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 investigation
prison by correspondence, as well as using the telephone
(payphone) of the investigation prison not less than once a
month. The permitted length of a conversation shall be not less
than 5 minutes. Expenditure for correspondence shall be covered
by the arrested person, and for telephone conversations by the
arrested person or the person to whom he or she is talking;
6) a meeting with his or her relatives or other persons for at
least one hour not less than once a month;
7) to meet the defender alone without restriction, in
conformity with the daily order of the investigation prison;
8) to subscribe to publications, as well as to use the library
stock of the investigation 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, as well as 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 in the shop of the
investigation prison, to receive non-food products with
consignments and parcels in accordance with the procedures and in
the quantity provided for in the internal regulations of
investigation prisons.
(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 investigation prison shall assess the
necessity to ensure equal possibilities of meeting for all
arrested persons.
[23 April 2009; 14 July 2011]
Section 13.1 Provisions
for the Course of a Meeting
(1) The meeting determined in Section 13, Paragraph one,
Clause 6 of this Law with relatives or other persons shall take
place without the presence of a representative of the
administration of the investigation prison.
(2) In an exceptional case, after individual evaluation of
each case and justifying such a decision, the head of the
investigation prison may take a decision on the course of the
meeting referred to in Paragraph one of this Section in the
presence of a representative of the administration of the
investigation prison, if it is necessary due to safety
considerations or due to the interests of criminal proceedings,
or it is requested by the visitor. Such decision may be contested
to the head of the Latvian Prison Administration in accordance
with the procedures laid down in the Administrative Procedure
Law. The decision of the head of the Latvian Prison
Administration may be appealed to the Administrative District
Court in accordance with the procedures laid down in the
Administrative Procedure Law. The decision of the Administrative
District Court may not be appealed.
[14 July 2011]
Section 14. Duties of an Arrested
Person
An arrested person has a duty to:
1) to 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 regulations of
investigation 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
investigation prison and the internal regulations of
investigation prisons;
4) conform to the daily order determined in the investigation
prison;
5) clean the premises at the time determined in the daily
order of the investigation prison;
6) treat the property of the investigation prison with
care;
7 maintain order in the premises of the investigation prison
and observe 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 laid down in this
Law and other laws and regulations.
[15 December 2011]
Section 15. Submissions of Arrested
Persons
(1) An arrested person has the right to write submissions to
State and local government institutions.
(2) Submissions of an arrested person regarding matters which
are related to the circumstances of the execution of the safety
measure - arrest - shall be examined by the head of the Latvian
Prison Administration 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 investigation prison and an actual action
thereof shall be examined by the head of the Latvian Prison
Administration in accordance with the procedures laid down in the
Administrative Procedure Law.
(3) The correspondence of an arrested person with institutions
of the State and international human rights institutions, the
Human Rights and Public Affairs Committee of the Saeima,
the Prosecutor's Office, courts, advocate, person directing the
proceedings, as well as the correspondence of an arrested foreign
citizen with the diplomatic or consular mission of his or her
residence country or the diplomatic or consular mission of such
country, which is authorised to represent his or her interests,
shall not be subject to control and shall be sent using the funds
of the investigation prison.
(4) The costs of the correspondence of an arrested person with
other State and local government authorities shall be covered
from the funds of the investigation prison, if there are no funds
on the personal cash card of the arrested person and the arrested
person contests an administrative act issued by or an actual
action of such institutions or sends a submission for receiving
State ensured legal aid.
(5) A submission to the head of the Latvian Prison
Administration regarding a decision of the head of the
investigation prison shall be sent using the funds of the
investigation prison.
[27 November 2008]
Chapter IV
Holding of Arrested Women and Their Children, Minor Arrested
Persons in an Investigation Prison
Section 16. Peculiarities of Holding
of Arrested Women in an Investigation Prison
Upon request of the arrested woman and with a consent of the
Orphan's court her children who are not more than three years old
may also be accommodated at the investigation prison.
[27 November 2008]
Section 17. Being of an Arrested
Woman in an Investigation Prison Together with a Child
(1) If the arrested woman is in an investigation prison
together with her child (children), her daily regimen shall be
co-ordinated 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 an investigation
prison up to four years of age under full State support. The
administration of an investigation prison shall, not later than
three months before the day when a child reaches four years of
age, notify the Orphan's 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 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
transferring of the child to the father is not possible, the
Orphan's court shall decide on the child care. In selecting the
future place of residence of the child, the Orphan's court shall
take into account the opinion of the mother of the child.
(3) If an arrested woman gives birth, the administration of
the investigation prison has a duty to notify the General
Registry office, in the territory of operation of which the
investigation 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 an investigation
prison shall be stipulated by the Cabinet.
[27 November 2008]
Section 18. Being of Minor Arrested
Persons in an Investigation 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 relatives or other persons once a week in
accordance with the procedures referred to in Section
13.1 of this Law;
2) a daily walk lasting not less than one and a half hours.
Walking areas for minors shall be equipped with an inventory for
active physical exercises.
(2) A minor arrested person shall participate in the social
rehabilitation, behavioural correction, educational, as well as
cultural and sports events organised at an investigation prison
within the scope of the daily regime.
(3) If a minor arrested person has been placed in a punishment
isolation cell, he or she shall be permitted a daily walk lasting
not less than an hour.
(4) The head of the investigation prison may permit a minor
arrested person to leave the territory of the investigation
prison for a time period, which is necessary for taking of
examinations in a general or vocational education institution.
During such period the investigation prison shall ensure
supervision of the minor arrested person.
[14 July 2011]
Chapter V
Care for and Provision of Arrested Persons in an Investigation
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,
as well as drinking water at any time.
(3) A minor arrested person shall receive food ensuring his or
her wholesome physical development.
(4) The residential area in an investigation prison for one
arrested person shall be not less than three square metres.
(5) Cells in which arrested persons are staying shall be
provided with natural light but during the night - with
artificial lighting, as well as air temperature which is not less
than 18°C and ventilation. Cells shall be equipped with a table,
stools (benches) and beds, as well as places where arrested
persons may store their personal belongings and sanitary
facilities marked off the from the remaining room shall be
arranged.
(6) An individual bed space, bedding and a towel shall be
ensured for an arrested person in an investigation 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, as well as with
a possibility of washing his or her underwear and clothes.
Section 20. Possibility of Arrested
Persons to Receive, Send and Use Money Transfers
(1) The money which has been sent to an arrested person by
transfer or paid in the cashier's office of the investigation
prison shall not be issued to him or her, but transferred to the
deposit account of the investigation prison in the Treasury and
recorded in the personal money accounting card of the arrested
person.
(2) An arrested person may use the money on his or her
personal money accounting card in the form of transfers with the
intermediation of employees of the investigation prison for the
purchase of food products and basic necessities in the shop of
the investigation prison.
(3) An arrested person may send money transfers only with a
permission of the person directing the proceedings.
(4) The money of the arrested person shall be stored in the
investigation prison, forwarded and 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 at the investigation prison.
[27 November 2008; 12 September
2013]
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.
(2) The procedures for accepting and issuing of consignments
or parcels, as well as the list and quantity of such articles
which may be received with consignments and parcels shall be
determined by the internal regulations of investigation
prisons.
Section 22. Health Care of Arrested
Persons
(1) An arrested person shall receive health care services in
the amount and in accordance with the procedures stipulated by
the Cabinet.
(2) An arrested person has the right to receive such health
care services for his or her own funds, the provision of which is
not provided for in the Cabinet regulations, if the arrested
person covers all expenses related to provision of the
abovementioned health care services (also expenses for
guarding).
(3) If an arrested person requires emergency medical
assistance, provision of which at the medical treatment
institution of the investigation prison is not possible, such
assistance may be provided to him or her at another medical
treatment institution, and the head of the prison shall ensure
guarding of the arrested person.
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 be socially useful activities - acquisition of general,
vocational and interest education, educating measures and
employment.
Section 24. Education of Arrested
Persons
The administration of the investigation prison shall ensure as
much as possible that arrested persons acquire general,
vocational and interest education.
Section 25. Organising of Educating
Measures
(1) Registered foundations and associations, as well as
religious organisations after co-ordination with the Latvian
Prison Administration shall be permitted to implement educating
measures in investigation 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 an investigation prison shall employ
an arrested person within the scope of social rehabilitation, if
he or she has lodged a submission addressed to the head of the
investigation prison and there is such an opportunity at the
investigation prison.
(2) An arrested person may be involved without remuneration
only in upkeep and improvement of the investigation prison and
the surrounding territory, as well 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 investigation 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 investigation prison and the person
directing the proceedings.
(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 investigation
prison.
Section 27. Spiritual Care of
Arrested Persons
(1) Spiritual care of an arrested person shall be carried out
by the chaplain service of the Latvian Prison Administration.
(2) The chaplain service of the Latvian Prison Administration
shall organise and co-ordinate religious activities of religious
organisations at an investigation 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
regulations of investigation prisons.
Chapter VII
Measures for the Provision of Regimen at an Investigation
Prison
Section 28. Safety Measures
(1) An employee of an investigation prison has the right to
search an arrested person in the cases and in accordance with the
procedures provided for in the internal regulations of
investigation prisons. An arrested person shall be searched by an
employee of the investigation prison of the same sex.
(2) Employees of an investigation prison shall control
correspondence and telephone conversations of an arrested person
(except the correspondence and telephone conversations with the
addressees referred to in Section 15, Paragraph three of this
Law). If the content of correspondence and telephone
conversations endangers the rights of other person, democratic
structure of the State, public safety, welfare and morals,
ascertaining of the truth in criminal proceedings, as well as
safety of places of imprisonment, the correspondence shall be
intercepted or the telephone conversation shall be interrupted
and the arrested person shall be explained the reasons for
intercepting the correspondence or interrupting of the
conversation.
(3) The head of an investigation prison or his or her
authorised official has the right to request that the visitor
presents a personal identification document, as well as to
inspect and search the person and his or her belongings.
[14 July 2011]
Section 29. Incentives Applicable to
an Arrested Person
The head of an investigation prison may apply the following
incentives to an arrested person for exemplary behaviour:
1) to express 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 relatives or other person
in the presence of a representative of the administration of the
investigation prison.
[14 July 2011]
Section 30. Punishments Applicable
to an Arrested Person for the Violation of the Internal
Regulations of Investigation Prisons
(1) The head of an investigation prison may apply the
following punishments to an arrested person for the violation of
the internal regulations of investigation prisons:
1) the giving of a warning;
11) the taking away of personal TV set or
transistor radio (without the possibility of voice recording) for
a time period up to one month and to transfer it for storage in
the warehouse of the investigation prison or to return to persons
who have given it to the arrested person for use;
2) the giving of a reprimand;
3) a prohibition to purchase food products and tobacco
products in the shop of the investigation prison for a time
period up to one month;
4) a prohibition of the current meeting with relatives or
other persons;
5) a prohibition of telephone conversations for a time period
up to one month;
6) the placement of an arrested person of legal age in a
punishment isolation cell for a time period of up to 15 days;
7) the placement of a minor arrested person in a punishment
isolation cell for a time period of up to 10 days.
(2) Minor arrested persons may not be applied a prohibition of
meeting with the parents or guardian, as well as may not be
applied a prohibition of telephone conversations with parents or
guardian as a punishment, if such a prohibition has not been
imposed by an investigation judge or court.
(3) An entry regarding application 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 regulations of the investigation prison are
violated during a walk, then the walk shall be discontinued and
the arrested person shall be imposed a punishment for the
violation of the internal regulations of the investigation
prison.
[14 July 2011]
Section 31. Procedures for the
Application of the Punishment for the Violation of the Internal
Regulations of Investigation Prisons
(1) The punishment referred to in Section 30, Paragraph one of
this Law shall be applicable not later than within 10 days from
the day when the violation was established, but if an official
authorised by the head of the investigation 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 investigation prison, but not later
than within 10 days from the day when the head of the
investigation prison became aware of the violation committed.
(3) Prior to taking of a decision to impose a punishment, the
arrested person shall be informed regarding the essence of the
violation and given an opportunity to provide explanations for
his or her defence. Information regarding the essence 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 investigation prison, except 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. A warning
shall be drawn up and issued in accordance with the procedures
laid down in the Administrative Procedure Law.
[16 June 2009; 14 July 2011]
Section 32. Placing of Arrested
Persons in a Punishment Isolation Cell
(1) An arrested person may be placed in a punishment isolation
cell for a gross or systematic violation of the internal
regulations of investigation prisons.
(2) An arrested person may be placed in a punishment isolation
cell only if there is a physician's opinion that the health
condition of the arrested person allows serving of such
punishment.
(3) Punishment - placing in a punishment isolation cell -
shall not be imposed on an arrested pregnant woman, as well as a
woman who is in an investigation prison together with an
infant.
[14 July 2011]
Section 33. Arrangement and
Equipment of a Punishment Isolation Cell
The minimum requirements for the arrangement and equipment of
a punishment isolation cell, as well as the procedures for
holding in a punishment isolation cell shall be determined by the
internal regulations of investigation prisons.
Section 34. Restrictions of the
Rights of an Arrested Person in a Punishment Isolation Cell
(1) An arrested person is allowed to take personal hygiene
items, glasses, contact lenses, stationary, envelopes, notes and
documents related to the criminal care, as well as - with a
permission of the doctor - technical assistance equipment and
medicinal products to a punishment isolation cell.
(2) An arrested person who is placed in a punishment isolation
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 sent letters to private individuals or to receive
letters from them;
4) to use the right to telephone conversations;
5) to use table games;
6) to smoke.
(3) Minor arrested persons who have been placed in a
punishment isolation cell shall be allowed to maintain
correspondence with the family.
[14 July 2011]
Section 35. Gross Violations of the
Internal Provisions of Investigation Prisons
The following activities of an arrested person shall be
considered as gross violations of the internal regulations of
investigation prisons:
1) physical resisting to an employee of the investigation
prison or defamation and injuring his or her dignity;
2) refusal to obey lawful requests of an employee of the
investigation prison;
3) physical influencing of other arrested persons or different
infringement of their honour and dignity;
4) use, storage or distribution of alcohol, narcotic or
psychotropic substances;
5) refusal to undergo an examination in order to verify
whether the arrested person has used alcohol, narcotic or
psychotropic substances;
51) refusal to go to a medical treatment
institution for the performance of medical examination, if the
arrested person does not agree to undergo a test of alcohol
concentration in exhaled air 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 investigation
prison.
[14 July 2011]
Section 36. Systematic Violations of
the Internal Provisions of Investigation Prisons
Violations which have been committed two or more times during
the last six months shall be considered as systematic violations
of the internal regulations of investigation prisons.
Section 37. Procedures for
Contesting a Punishment Applicable for the Violation of the
Internal Regulations of Investigation Prisons
(1) An arrested person may contest the punishment imposed to
the head of the Latvian Prison Administration in accordance with
the procedures laid down in the Administrative Procedure Law. The
decision of the head of the Latvian Prison Administration may be
appealed in accordance with the procedures laid down in the
Administrative Procedure Law. A judgment of the administrative
district court, which has been rendered regarding imposition of
the punishments referred to in Section 30, Paragraph one, Clauses
1, 2, 3, 4 and 5 of this Law, is not subject to appeal. A
judgment of the administrative district court, which has been
rendered regarding imposition of the punishments referred to in
Section 30, Paragraph one, Clauses 6 and 7 of this Law, may be
appealed by submitting a cassation complaint to the Department of
Administrative Cases of the Supreme Court Senate.
(2) Lodging of a complaint shall not suspend the execution of
the punishment.
(3) [14 July 2011]
[16 June 2009; 14 July 2011]
Section 38. Procedures for Revoking
a Punishment Applicable for the Violation of the Internal
Regulations of Investigation Prisons
(1) [14 July 2011]
(2) The punishment referred to in Section 30, Paragraph one of
this Law shall be revoked if an administrative punishment has
been imposed for the same violation.
[14 July 2011]
Chapter VIII
Release of an Arrested Person from an Investigation Prison or
Sending for Serving of the Deprivation of Liberty Sentence
Section 39. Grounds for Release of
an Arrested Person from an Investigation Prison
An arrested person shall be released from an investigation
prison in the following cases:
1) an adjudication on revocation of arrest has been
received;
2) an adjudication on amending of the security measure has
been received;
3) the maximum time period of arrest provided for in the law
has elapsed;
4) the term of arrest exceeds the maximum term of the
deprivation of liberty sentence stipulated in the Criminal Law,
which may be adjudged 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 adjudged by a
court;
6) the term of arrest has elapsed and a decision to extend the
term of arrest has not been received;
7) a request of a foreign state has not been received within
18 days from the day of detention in accordance with Section 772,
Paragraph four, Clause 1 of the Criminal Procedure Law regarding
execution of the deprivation of liberty sentence imposed in such
foreign state together with the necessary annexes.
[15 December 2011]
Section 40. Procedures for Releasing
an Arrested Person
(1) If the term of arrest has expired and a decision to extend
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 an investigation
prison shall be issued a statement regarding release according to
the sample provided for in the internal regulations of
investigation prisons. The head of the investigation prison shall
sign the statement and certify with a seal with the State coat of
arms.
(3) Prior to release an arrested person shall be issued the
money on his or her personal money accounting card, his or her
belongings, jewellery and documents upon signature.
(4) An arrested person who is released from an investigation
prison shall be covered the minimum expenses 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 expenses of the public
transport for the purchase of a ticket to the State border
crossing point or to the nearest railway station in the state
with which Latvia has land border. The arrested person who is
released from an investigation prison, if necessary, shall be
ensured with clothing appropriate for the season.
[27 November 2008; 14 July
2011]
Section 41. Information Regarding
Release of a Minor Arrested Person from an Investigation
Prison
The relevant Orphan's court shall be informed regarding
release of such minor arrested person from an investigation
person 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 for Serving of the Deprivation of Liberty Sentence
(1) Within 10 working days after receipt of an order regarding
execution of a judgment the person sentenced with deprivation of
liberty shall be sent from an investigation prison to a
deprivation of liberty institution for serving of the
sentence.
(2) Within 10 working days after receipt of an order regarding
execution of a court decision the person sentenced with
deprivation of liberty in a foreign state shall be sent from an
investigation prison to a deprivation of liberty institution for
serving of the sentence.
[14 July 2011; 15 December
2011]
Transitional Provisions
1. With the coming into force of this Law, Cabinet Regulation
No. 288, Law On the Procedures for Holding under Arrest, issued
in accordance with Article 81 of the Constitution (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 appealing of the punishments imposed on arrested
persons shall not apply to cases where the Administrative
District Court has rendered the judgment until the day when such
amendments came into force. A judgment in such cases shall be
appealed in accordance with the procedures laid down in the
Administrative Procedure Law.
[16 June 2009]
This Law has been adopted by the Saeima on 22 June
2006.
President V. Vīķe-Freiberga
Riga, 4 July 2006
1 The Parliament of the Republic of
Latvia
Translation © 2014 Valsts valodas centrs (State
Language Centre)