Regulations Regarding the Criminal Procedure Information System

Issued pursuant to
Section 372, Paragraph seven
of the Criminal Procedure Law

I. General Provisions

1. This Regulation prescribes:

1.1. the amount of information which shall be submitted for registration in the Criminal Procedure Information System (hereinafter - System) regarding the initiated criminal proceedings, detected criminal offences, persons directing the proceedings, persons who have the right to assistance of a defence counsel and the victims;

1.2. procedure for entering, utilisation and deletion of the information and terms for storage of the information;

1.3. authorities which shall be granted the access to the information included in the System.

2. The Information Centre of the Ministry of the Interior (hereinafter - Centre) shall be the manager and holder of the register.

3. Institutions shall ensure the submission of the information into the System by an on-line regime. The head of an institution has the right to determine the procedure for entering the information.

4. Information which is supported by procedural documents shall be included in the System.

5. The person directing the proceedings or the person who enters the information into the System shall be responsible for the validity of the information, for the entering into the System and updating or issuing the information.

6. Information shall be entered in the System by the on-line regime no later than on the next working day following performance of the procedural actions referred to in this Regulation, the registration fact or the coming into effect of the judgement of a court.

7. If the person involved in the criminal proceedings is a foreign citizen, the person's given name, surname, name of a legal person and address shall be written in the Latin alphabet transliteration of the relevant original foreign language.

8. In order to ensure the receipt of the information to be entered into the System from other State information systems, the Centre shall enter into an interdepartmental agreement, indicating the amount of the information to be received.

9. The data entered into the System shall be sent to the Punishment Register by the on-line transmission regime in the amount prescribed by the regulatory enactments regulating its activity.

10. The Centre is entitled to request and receive free of charge the information necessary for accumulation and updating of the information referred to in this Regulation from the State and self-government institutions and the private persons performing delegated administration tasks.

II. Amount of Information to be Included in the System

11. The following information shall be included in the System:

11.1. all the procedural decisions taken in criminal proceedings, except for the decisions taken in relation to special procedural protection and special investigative actions;

11.2. regarding the detected criminal offences;

11.2.1. date and time when the criminal offence was committed;

11.2.2. address and place where the criminal offence was committed;

11.2.3. threat object of the criminal offence;

11.2.4. method used in committing the criminal offence;

11.2.5. method used in concealing the criminal offence;

11.2.6. tools and means utilised in committing the criminal offence;

11.2.7. total amount of the determined material loss;

11.2.8. property upon which an attachment has been made (including that in foreign countries);

11.2.9. institutions, services and information systems utilised which facilitated identifying the person;

11.2.10. scientific aids and methods utilised to disclose the criminal offence;

11.3. regarding the person directing the proceedings:

11.3.1. given name, surname;

11.3.2. position;

11.3.3. name of the institution;

11.4. regarding the persons who have the right to assistance of a defence counsel;

11.4.1. given name, surname;

11.4.2. personal identity number;

11.4.3. date of birth;

11.4.4. nationality;

11.4.5. sex;

11.4.6. place of birth;

11.4.7. place of residence at the time when the criminal offence was committed (declared or actual);

11.5. the following information regarding the persons who have been held criminally liable shall be included in addition to the information referred to in Sub-paragraph 11.4 of this Regulation;

11.5.1. marital status

11.5.2. educational institution or place of employment;

11.5.3. type of occupation, position;

11.5.4. education;

11.5.5. reason for residence in Latvia (for foreign citizens);

11.5.6. circumstances under which the criminal offence was committed;

11.5.7. motive for committing the criminal offence;

11.5.8. participation in the committing of the criminal offence;

11.5.9. relation to the distribution of narcotic and psychotropic substances if the person is held criminally liable in relation to the unauthorised circulation of narcotic and psychotropic substances;

11.6. regarding the legal persons in the interests of which a natural person committed the criminal offence;

11.6.1. registration number;

11.6.2. registration date;

11.6.3. name;

11.6.4. state in which the legal person is registered;

11.6.5. status;

11.6.6. address (legal and actual)

11.7. regarding the natural person who suffered from the criminal offences and the person whose death occurred as a result of the criminal offence:

11.7.1. given name, surname;

11.7.2. personal identity number;

11.7.3. date of birth;

11.7.4. nationality;

11.7.5. sex;

11.7.6. place of residence (declared and actual) at the time when the person suffered;

11.7.7. information submitted by the victim or the representative thereof;

11.7.7.1. marital status

11.7.7.2. the curatorship/guardianship and situation in the family of a victim who is a minor;

11.7.7.3. educational/study institution;

11.7.7.4. occupation;

11.7.7.5. education;

11.7.8. circumstances under which the criminal offence was committed and under which the person suffered;

11.7.9. description of mutual relationship between the victim or a person whose death resulted from the criminal offence and the person who committed the criminal offence;

11.7.10. type of assistance provided to the victim;

11.7.11. data regarding the expert-examination of the victim (for determination of the harm caused to the health);

11.7.11.1. date when the expert opinion was drawn up;

11.7.11.2. number of the expert opinion;

11.7.11.3. institution which conducted the expert-examination;

11.7.11.4. given name and surname of the expert;

11.7.11.5. position of the expert;

11.7.12. data regarding the inspection of the corpse of the person whose death resulted from the criminal offence;

11.7.13. amount of the compensation for the harm claimed by the victim during the pre-trial criminal proceedings;

11.7.14. amount of the compensation for the harm compensated to the victim during the pre-trial criminal proceedings;

11.8. regarding the legal person which suffered from the criminal offences;

11.8.1. name;

11.8.2. registration number;

11.8.3. registration date;

11.8.4. state in which the legal person is registered;

11.8.5. status (at the time of committing the criminal offence);

11.8.6. address (legal and actual);

11.9. date on which the person was recognised as a victim;

11.10. nature and amount of the harm caused;

11.11. regarding the representative of the victim;

11.11.1. given name, surname;

11.11.2. personal identity number;

11.11.3. date of birth;

11.11.4. nationality;

11.11.5. contact details:

11.12. date on which the person was recognised as the representative of the victim;

11.13. circumstances in which employees of law enforcement institutions have suffered;

11.14. material evidence seized and property attached during the course of the criminal proceedings.

12. If a criminal offence is qualified according to Section 48, Paragraph one, Clause 14, Section 78, 149¹, 150 or 151, in addition the following information regarding the victim and the person whose death resulted from the criminal offence shall be included:

12.1. skin colour;

12.2. ethnicity;

12.3. denominational affiliation.

III. Procedure for Utilisation of the Information Accrued in the System

13. The information accrued in the System shall be utilised by taking into account the conditions of regulatory enactments applying to the information of restricted access, except for the information specified as generally accessible.

14. The following information regarding the criminal proceedings shall be accessible to the users of the System without the approval of the person directing the proceedings:

14.1. criminal proceedings number;

14.2. date when the criminal proceedings were commenced;

14.3. status of the criminal proceedings;

14.4. institution in the record-keeping of which the criminal proceedings are found;

14.5. legal classification of the criminal offence;

14.6. description of the criminal offence;

14.7. time and place where the criminal offence was committed;

14.8. type of committing the criminal offence;

14.9. tools or objects utilised;

14.10. concealing method;

14.11. threat object.

15. The statistics and informative reports established by the System not containing personal data shall be accessible without restrictions.

16. Information not referred to in Paragraphs 14 and 15 of this Regulation may only be acquired from the System with permission of the person directing the proceedings and in the amount specified by the person directing the proceedings, except for the cases referred to in Paragraph 18 of this Regulation.

17. The data distribution solution of the System whose establishment and maintenance is ensured by the Centre shall be utilised for the access to the information accrued in the System.

18. Access to the information accrued in the System shall be granted to:

18.1. the direct supervisor of the person directing the proceedings who in accordance with the Criminal Procedure Law has been delegated to control the specific criminal proceedings during the investigation;

18.2. the person directing the criminal proceedings - access to the information accrued regarding the criminal proceedings found in his or her record-keeping;

18.3. the supervising prosecutor - access to the information accrued regarding the criminal proceedings for which he or she is performing supervision;

18.4. the judge - access to the information accrued regarding the criminal proceedings he or she is adjudicating;

18.5. investigative judges - access to the information accrued regarding the criminal proceedings in which they are fulfilling their procedural duties;

18.6. the Legal Aid Administration of the Ministry of Justice - access to the information referred to in Sub-paragraphs 11.7.1, 11.7.2, 11.7.3, 11.7.4, 11.7.5, 11.7.6, 11.7.11, 11.7.13, 11.9, 11.10, 11.11 and 11.12 of this Regulation;

18.7. State Insurance Agency of the Ministry of the Interior - access to the information regarding the institution in the record keeping of which the criminal proceedings are found, in the course of which the material evidence seized and the property attached are stored by the State Insurance Agency.

19. The person directing the proceedings has the right to utilise personal data in order to determine the numbers of those criminal proceedings in which, as persons who have the right to assistance of a defence counsel, are included those persons who are under suspicion in the criminal proceedings found in the record-keeping of the person directing the proceedings or who have been held criminally liable.

20. Persons having no access to the System may receive the information referred to in Paragraph 14 of this Regulation by submitting an application to the Centre. The following shall be indicated in the application:

20.1. amount of the information to be received;

20.2. reasons for receiving the information.

IV. Procedure for Storage and Deletion of the Information Accrued in the System

21. The information accrued in the System regarding criminal proceedings shall be deleted if the following time periods have elapsed from the day of termination of the criminal proceedings or the day when the injunction of a public prosecutor regarding a punishment or the judgement of a court entered into effect,:

21.1. six months - for such a criminal violation in which a private prosecution was initiated during the criminal proceedings;

21.2. two years - for such a criminal violation which is not referred to in Sub-paragraph 21.1 of this Regulation;

21.3. five years if a less serious criminal offence has been committed;

21.4. 10 years if a serious criminal offence has been committed;

21.5. 15 years if a serious criminal offence has been committed, except for a criminal offence for the committing of which the convicted person has been adjudged the death penalty or life imprisonment.

22. When information is deleted from the System, the following information shall be saved:

22.1. regarding the terminated criminal proceedings;

22.1.1. date when the criminal proceedings were terminated;

22.1.2. name of the institution which took the decision to terminate the criminal proceedings;

22.1.3. justification (Section of the Criminal Procedure Law) for terminating the criminal proceedings;

22.2. regarding the criminal proceedings in which the injunction of a public prosecutor regarding a punishment has been applied or the judgement of a court has been declared as being effective:

22.2.1. date when the injunction of a public prosecutor regarding a punishment was applied or the judgement of a court has entered into effect;

22.2.2. institution in which the injunction of a public prosecutor regarding a punishment was applied or the judgement of a court has entered into effect;

22.2.3. date when the injunction of a public prosecutor regarding a punishment or the judgement of a court has entered into effect;

22.3. date when the information regarding the criminal proceedings was deleted from the System.

23. The following information shall not be deleted from the System:

23.1. regarding the criminal proceedings initiated regarding criminal offences against humanity, against peace, for war crimes or genocide;

23.2. regarding the criminal proceedings in which a person has been adjudged the death penalty or life imprisonment;

23.3. information referred to in Paragraph 14 of this Regulation.

24. The information referred to in Paragraphs 15, 22 and 23 shall be stored permanently in the System.

V. Closing Provisions

25. Information regarding the criminal proceedings initiated beginning with 1 January 2011 shall be compiled in the System.

26. The information referred to in this Regulation received regarding the criminal proceedings initiated prior to 1 January 2011 shall be utilised for drawing up statistical reports in the information system "Register of Criminal Offences".

Prime Minister V. Dombrovskis

Minister for the Interior L. Mūrniece

Translation © 2011 Valsts valodas centrs (State Language Centre)