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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.01.2014.–31.12.2014.
Amendments not included: 17.12.2014., 18.06.2015., 03.03.2016., 28.04.2016., 07.12.2017., 28.06.2019.

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.

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)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 22.06.2006.Entry into force: 18.07.2006.Theme:  Criminal procedurePublication: Latvijas Vēstnesis, 103, 04.07.2006.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 15, 10.08.2006.
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