The translation of this document is outdated.
Translation validity: 27.12.2022.–26.02.2024.
Amendments not included:
01.02.2024.,
21.11.2024.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
21 May 2020 [shall come
into force on 5 June 2020];
21 April 2022 [shall come into force on 4 May
2022];
22 December 2022 (Constitutional Court Judgment) [shall
come into force on 27 December 2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Punishment
Register Law
Chapter I
General Provisions
Section 1.
The purpose of this Law is to establish a uniform
record-keeping regarding persons who have committed criminal
offences and administrative violations in order to facilitate the
prevention and disclosing of such offences and violations, as
well as regarding control of execution of the punishment and
restriction of the rights imposed on a person for the committed
offences and violations.
Section 2.
The Punishment Register (hereinafter - the Register) is a
State information system, the manager and keeper of which is the
Information Centre of the Ministry of the Interior.
Section 3.
The information included in the Register is restricted access
information.
Chapter
II
Information to be Included in the Register
Section 4.
The following information shall be included in the Register
regarding the person against whom criminal proceedings have been
initiated:
1) the given name(s) and surname of the person, as well as the
previous given name and surname, if the previous given name or
surname is known;
2) the personal identity number or personal identification
code (if no personal identity number has been assigned, the date
of birth shall be included), and also the previous personal
identity number or personal identification code, if changed;
3) father's given name;
4) the place of birth;
5) the sex;
6) the nationality and type thereof;
7) the place of residence (declared, additional address,
registered, or specified);
8) the criminal case reference number in pre-trial criminal
proceedings;
9) the legal classification of the criminal offence;
10) the start date of criminal proceedings, the name of the
authority and unit (hereinafter - the authority) that initiated
the criminal proceedings;
11) the date as of which the person shall be deemed a person
against whom criminal proceedings have been initiated;
12) the date of committing the criminal offence;
13) the name of the authority, in the record-keeping of which
the criminal case is filed;
14) the Section, Paragraph, and Clause of the Criminal
Procedure Law and of the Criminal Law serving as the grounds for
the termination of the criminal proceedings (termination in a
part thereof), the name of the authority which took the decision
to terminate the criminal proceedings (to terminate in a part
thereof), the date when the decision to terminate the criminal
proceedings (to terminate in a part thereof) was taken, and also
a note whether the criminal proceedings have been terminated
(terminated in a part thereof) on the grounds of exoneration (on
the grounds other than exoneration);
15) the date when personal data have changed and the new data,
as well as information regarding any other updates in the
Register;
16) the date when the person died or the court declared the
person dead
[21 April 2022]
Section 5.
In respect of a person detained as part of the criminal
proceedings, in addition to the information referred to in
Section 4 of this Law, the following information shall be
included in the Register:
1) the date when the person was detained, the name of the
detaining institution, and the place of detention where the
person was placed;
2) the date when the person was released from the place of
detention and the name of the releasing institution.
[21 April 2022]
Section 6.
In respect of a person suspected of committing a criminal
offence, in addition to the information referred to in Sections 4
and 5 of this Law, the following information shall be included in
the Register:
1) the date when the person was recognised as a suspect, as
well as the name of the authority that took a decision to
recognise such person as a suspect;
11) the Section, Paragraph, and Clause of the
Criminal Law on the basis of which a person has been recognised
as a suspect;
2) the date when a decision to recognise the person as a
suspect was revoked, and the name of the authority that took the
abovementioned decision;
3) the type of security measure, the date of application,
modification or revocation thereof, and the name of the authority
that took the relevant decision;
4) if the security measure does not involve deprivation of
liberty, information regarding its application:
a) the data of the person in respect of whom a prohibition of
approaching a specific person applies, if the security measure is
a prohibition to approach a specific person,
b) the address of the place, in respect of which a prohibition
to visit or approach applies, if the security measure is a
prohibition to approach a specific place,
c) occupation (activities) or position (job) responsibilities
the suspect is prohibited from practising or performing, if the
security measure is a prohibition to practice a specific
occupation,
d) the duration of residence and the address of residence, if
the security measure is residence in a specific place,
e) the address of the place of residence or temporary
residence, if the security measure is residence in a specific
place,
f) the address of permanent or temporary place of residence
that may not be changed, if the security measure is placement
under the police supervision,
g) the data of the person the suspect is prohibited to meet,
if the security measure is placement under the police
supervision,
h) places or establishments (type or address) that may not be
visited, if the security measure is placement under the police
supervision,
i) the time of the day the suspect must be at his or her place
of residence, if the security measure is placement under the
police supervision,
j) the unit of the State Police in the record-keeping of which
the supervision case of the person is filed, if the security
measure is placement under the police supervision,
k) the date from which the person is under supervision at the
unit of the State Police, if the security measure is placement
under the police supervision,
l) the date until which the person is under supervision at the
unit of the State Police, if the security measure is placement
under the police supervision;
5) information regarding application of a security measure
involving deprivation of liberty:
a) the date when the person was placed in or relocated to a
place of imprisonment, as well as the name of the place of
imprisonment where the person has been placed or relocated
to,
b) the name of the authority that has taken the decision to
release the person from the place of imprisonment,
c) the date when the person was released from the place of
imprisonment, the name of the place of imprisonment that released
the person, and Section, Paragraph and Clause of the law or
regulation serving as the grounds for releasing the person from
the place of imprisonment,
d) the date when the person escaped from the place of
imprisonment, and the name of the place of imprisonment the
person escaped from;
6) the date when a decision to proclaim the search for the
person was taken, and the name of the authority that took the
decision on the search for the person;
7) the date of finding the person in respect of whom the
decision on the search for the person was taken;
8) the date when a decision to join criminal proceedings or to
isolate a criminal proceeding in separate records was taken; the
name of the authority that took the decision to join criminal
proceedings or to isolate a criminal proceeding in separate
records; the criminal case reference number prior to the joinder
of criminal proceedings or isolating a criminal proceeding in
separate records, and the criminal case reference number after
the joinder of criminal proceedings or isolating a criminal
proceeding in separate records;
9) legal classification of criminal offences in criminal
proceedings, which were subject to the joinder, or of criminal
proceedings, which were isolated in separate records;
10) the date when criminal proceedings were suspended or
resumed, the name of the authority that took a decision to
suspend or resume criminal proceedings, Section, Paragraph, and
Clause of the Criminal Procedure Law serving as the grounds for
suspending or resuming criminal proceedings;
11) the name of the unit in the public prosecutor's office, to
which the criminal case has been transferred for the initiation
of criminal prosecution against the person, the date when the
criminal case was transferred, the name of the authority that
transferred the criminal case to the public prosecutor's
office;
12) the name of the authority to which the criminal case has
been transferred according to jurisdiction (the name of the
country, if the criminal case has been transferred to a foreign
country), the date when the criminal case was transferred, the
name of the authority that transferred the criminal case
according to jurisdiction;
13) the name of the unit in the public prosecutor's office
that transferred the criminal case for further investigation, the
date when the criminal case was transferred, the name of the
authority to which the criminal case was transferred for further
investigation.
[21 April 2022]
Section 7.
In respect of a person accused of committing a criminal
offence, in addition to the information referred to in Sections
4, 5, and 6 of this Law, the following information shall be
included in the Register:
1) the date when a decision to hold the person criminally
liable was taken, and the name of the unit of the public
prosecutor's office that took the abovementioned decision;
11) the Section, Paragraph, and Clause of the
Criminal Law on the basis of which a person is being held
criminally liable (legal classification);
2) the name of the court to which the criminal case was
transferred, the date when the criminal case was transferred, the
name of the unit of the public prosecutor's office which
transferred the case to the court, Section, Paragraph, and Clause
of the Criminal Procedure Law serving as the grounds for taking a
decision to terminate the pre-trial criminal proceedings;
3) the obligations imposed by the public prosecutor and the
probationary period when the person is conditionally released
from criminal liability;
4) information regarding the fulfilment of the obligations
imposed by the public prosecutor:
a) the address of the place of residence that may not be
changed, if upon conditional release from criminal liability an
obligation has been imposed not to change the place of residence
without an approval by the State Probation Service,
b) an act or occupation to be refrained from, if upon
conditional release from criminal liability an obligation has
been imposed to refrain from a specific act or occupation,
c) the name of the unit of the State Probation Service which
carries out supervision,
d) the start and end date of probationary supervision,
e) the contact details of the supervisor of the probationary
supervision case,
f) the obligations imposed within the scope of probationary
supervision,
g) the date for imposition and revocation of the obligations
imposed within the scope of probationary supervision;
5) the name of the authority in charge of control over the
fulfilment of the imposed obligation;
6) the date when the decision on conditional release from
criminal liability entered into effect in full extent;
7) the name of the country to which the criminal case was
transferred according to jurisdiction, if the criminal case has
been transferred to a foreign country, the date when the criminal
case was transferred, the name of the unit of the public
prosecutor's office that transferred the criminal case according
to jurisdiction;
8) the name of the unit of the Office of the Prosecutor which
transferred the criminal case for further investigation, the date
when the criminal case was transferred, and also the name of the
institution to which the criminal case was transferred for
further investigation;
9) the name of the court to which the criminal case was
returned for elimination of deficiencies, the date of returning
the criminal case for elimination of deficiencies, the name of
the authority to which the criminal case was returned for
elimination of deficiencies;
10) the date when a decision was taken to return a criminal
case submitted according agreement proceedings for elimination of
violations, the name of the court that took the abovementioned
decision, the name of the authority to which the criminal case
was returned for elimination of violations;
11) [21 April 2022];
12) the date when a decision to release from punishment or
criminal liability was made, the name of the court that made the
abovementioned decision, Section, Paragraph, and Clause of the
Criminal Procedure Law and of the Criminal Law serving as the
grounds for the decision;
13) the date when a decision on acquittal of the person was
made, the name of the court that made the abovementioned
decision, Section, Paragraph, and Clause of the Criminal
Procedure Law and of the Criminal Law serving as the grounds for
acquitting the person.
[21 April 2022]
Section 8.
In addition to the information referred to in Sections 4, 5,
6, and 7 of this Law, the following information shall be included
in the Register in respect of a person against whom proceedings
for the determination of a compulsory measure of medical nature
are taking place:
1) the date when the decision to continue the proceedings for
the determination of a compulsory measure of medical nature was
taken, the name of the institution which took the abovementioned
decision, the Section, Paragraph, and Clause of the Criminal
Procedure Law serving as the grounds for transferring the
materials of the criminal case by the institution to the Office
of the Prosecutor, and also the name of the unit of the Office of
the Prosecutor to which the materials of the criminal case were
transferred;
2) the date when the decision to transfer the criminal case to
the court for the determination of a compulsory measure of
medical nature was taken, the name of the unit of the Office of
the Prosecutor that took the abovementioned decision, the
Section, Paragraph, and Clause of the Criminal Procedure Law
serving as the grounds for transferring the materials of the
criminal case by the Office of the Prosecutor to the court, and
also the name of the court to which the materials of the criminal
case were transferred.
[21 April 2022]
Section 8.1
The following information shall be included in the Register in
respect of a legal person against which proceedings for the
imposition of a coercive measure have been initiated:
1) the name;
2) the registration number;
3) the registration date;
4) the type;
5) the legal address and actual address, if different from the
legal address;
6) the number of proceedings in pre-trial criminal
proceedings;
7) the legal classification of the criminal offence;
8) the date on which the proceedings for the imposition of a
coercive measure to a legal person were initiated and the name of
the institution which initiated the proceedings;
9) the date of committing the criminal offence;
10) the name of the institution in the record-keeping of which
the case is filed;
11) the date when criminal proceedings were suspended or
resumed, the name of the institution which took the decision to
suspend or resume criminal proceedings, the Section, Paragraph,
and Clause of the Criminal Procedure Law serving as the grounds
for suspending or resuming criminal proceedings;
12) the Section, Paragraph, and Clause of the Criminal
Procedure Law and of the Criminal Law serving as the grounds for
the termination of the proceedings (termination in a part
thereof) for the imposition of a coercive measure to a legal
person, the name of the institution which took the decision to
terminate the proceedings (to terminate in a part thereof), and
the date when the decision to terminate the proceedings (to
terminate in a part thereof) was taken;
13) the name of the court to which the case was transferred
and the date when the case was transferred, and also the name of
the unit of the Office of the Prosecutor which transferred the
case to the court, the Section, Paragraph, and Clause of the
Criminal Procedure Law serving as the grounds for taking the
decision to complete the pre-trial criminal proceedings;
14) the date when personal data have changed and the new data,
as well as information regarding any other updates in the
Register.
[21 April 2022]
Section 8.2
The following information shall be included in the Register in
respect of a minor against whom proceedings for the imposition of
a compulsory measure of correctional nature have been
initiated:
1) the given name(s) and surname of the person, as well as the
previous given name and surname, if the previous given name or
surname is known;
2) the personal identity number or personal identification
code (if no personal identity number has been assigned, the date
of birth shall be included), and also the previous personal
identity number or personal identification code, if changed;
3) the place of birth;
4) the gender;
5) the nationality and type thereof;
6) the place of residence (declared, additional address,
registered, or specified);
7) the case number;
8) the legal qualification of the criminal offence or
administrative offence;
9) the date on which the proceedings were initiated and the
name of the institution which initiated the proceedings;
10) the date on which the criminal offence or administrative
offence was committed;
11) the Section, Paragraph, and Clause of the Criminal
Procedure Law, the Criminal Law, and the Law on Administrative
Liability serving as the grounds for the termination of the
proceedings (termination in a part thereof), the name of the
institution and of the administrative commission or
sub-commission of a local government which took the decision to
terminate the proceedings (to terminate in a part thereof), and
the date when the decision to terminate the proceedings (to
terminate in a part thereof) was taken;
12) the date when personal data have changed and the new data,
as well as information regarding any other updates in the
Register;
13) the date when the person died or the court declared the
person dead.
[21 April 2022]
Section 9.
(1) In respect of a person convicted of committing a criminal
offence, in addition to the information referred to in Sections
4, 5, 6, and 7 of this Law, the following information shall be
included in the Register:
1) the date when a court decision was proclaimed which has
entered into effect, and the name of the court that proclaimed
the respective court decision in the criminal case;
2) the date when the public prosecutor's penal order was drawn
up in respect of the punishment that has taken effect, and the
name of the unit of the public prosecutor's office that drew up
the public prosecutor's penal order;
3) Section, Paragraph, and Clause of the Criminal Law serving
as the grounds for convicting the person;
4) the type and extent of the final punishment applied
(imposed);
5) the information concerning the imposed punishment -
confiscation of property:
a) type of each property item subject to confiscation,
b) value of each property item subject to confiscation;
6) the amount of compensation for damage;
7) the date when the court decision or the public prosecutor's
penal order entered into effect;
8) the given name and surname of the judge or public
prosecutor who proclaimed the court decision having entered into
effect or who has drawn up the public prosecutor's penal
order;
9) the date when a compulsory measure of medical or
correctional nature was imposed, the name of the court that
imposed the compulsory measure, and the type of the compulsory
measure of medical or correctional nature imposed;
10) the form of guilt of the person who has committed a
criminal offence, the severity of the criminal offence, and also
a note whether the criminal offence committed by the person is
violent;
11) the amended part of the final punishment in relation to
revocation of the court ruling in a part thereof or the name of
the court which made the new ruling, the date on which the ruling
was made, and also the date on which the ruling entered into
effect and the new type and extent of the punishment imposed in
relation to full revocation of the previous ruling;
12) the obligations imposed by the court and the probationary
period in the case of a suspended sentence;
13) the obligations imposed by the court in case of a
conditional release;
14) the information related to the fulfilment of the
obligations imposed by the court in case of a suspended sentence
or conditional release:
a) the address of the place that may not be visited if, in
case of a suspended sentence or conditional release, an
obligation has been imposed to avoid visiting specific
places,
b) the time of the day when the person must be at his or her
place of residence if, in case of a suspended sentence or
conditional release, an obligation has been imposed to be at his
or her place of residence during specified time of the day;
15) the date when the obligations imposed by the court have
been cancelled fully or partly, and the name of the court that
fully or partly cancelled the obligations imposed by the
court;
16) the date when a decision on conditional release was taken,
the name of the court that took the abovementioned decision, and
the time of unserved term of punishment;
17) the amended final probationary period and the date on
which the decision to extend the imposed probationary period in
the case of a suspended sentence was taken;
18) the obligations imposed during probationary
supervision;
19) the information related to the obligations imposed during
probationary supervision:
a) the time of the day when the person is prohibited from
leaving the place of residence if there is a prohibition to leave
one's place of residence during specified time of the day,
b) public areas (type or address) where the person is
prohibited from staying, if there is a prohibition to stay in
specific public areas,
c) the personal data of the person with whom it is prohibited
to communicate, if there is a prohibition to communicate with
specific people,
d) the administrative territory which may not be left, if
there is a prohibition to leave a specific administrative
territory without the permission of the State Probation
Service,
e) the item which may not be purchased, carried or kept, if
there is a prohibition to purchase, carry or keep specific
items,
f) the objects, places or establishments (type and address)
which may not be approached, if there is a prohibition to
approach specific objects, places or establishments,
g) the name of the unit of the State Probation Service in the
record-keeping of which the personal record case is filed within
the scope of probationary supervision,
h) the start and end date of probationary supervision,
i) the contact details of the responsible official of the
State Probation Service in the record-keeping of which the
personal record case is filed within the scope of probationary
supervision,
j) the date for imposition and revocation of the obligations
imposed within the scope of probationary supervision;
20) the information related to the deprived rights or imposed
prohibitions as part of the additional punishment - restriction
of rights:
a) the rights that may not be exercised,
b) the position that may not be taken,
c) professional or other type of activity that may not be
practised,
d) the address of the place that may not be visited,
e) events that may not be attended;
201) the information related to the additional
punishment - police control:
a) the unit of the State Police in the record-keeping of which
the personal record case of the additional punishment - police
control - is filed,
b) the start and end date of the additional punishment -
police control,
c) the contact details of the responsible official of the
State Police in the record-keeping of which the personal record
case of the additional punishment - police control - is
filed,
d) the restrictions imposed during the period of serving the
additional punishment - police control,
e) the date for imposition and revocation of the restrictions
imposed within the scope of the additional punishment - police
control;
21) the name of the authority that has been charged with the
responsibility to execute the court decision or the public
prosecutor's penal order;
22) the date when the serving (execution) of the sentence
started and the date when the sentence has been served
(executed);
23) the date when the compulsory measure of medical nature was
revoked or modified or the compulsory measure of correctional
nature was executed;
24) the date when a decision to release from serving the
punishment was taken, the name of the court that took the
abovementioned decision, and Section, Paragraph, and Clause of
the Criminal Procedure Law serving as the grounds for taking the
decision;
25) the date when a decision to clear criminal record was
taken, and the name of the court that took the abovementioned
decision;
26) the date when a decision on clemency or amnesty was
taken;
27) the address of the place of residence (declared,
additional address, registered, or specified) of the person after
release from the place of imprisonment;
28) replacement, alleviation or aggravation of the (imposed)
punishment, as well as replacement or cancellation of the
additional punishment (the name of the court that took the
relevant decision, the date and the new punishment);
29) the expiry date of the limitation period for execution of
a convicting sentence or the public prosecutor's penal order.
(2) In addition to the information referred to in Paragraph
one of this Section, also other information may be included in
the Register, which has been supplied by the competent authority
of a European Union Member State and which ensures the exchange
of information between criminal record registers (hereinafter -
the central authority of a European Union Member State).
[21 April 2022]
Section 10.
In respect of a person on whom a compulsory measure of medical
nature has been imposed, in addition to the information referred
to in Sections 4, 5, 6, 7, and 8 of this Law, the following
information shall be included in the Register:
1) the date when a decision to impose compulsory measures of
medical nature was taken and the name of the court that took the
abovementioned decision;
2) the type of the compulsory measure of medical nature;
3) the date when a decision to modify or revoke the compulsory
measure of medical nature was taken (the new compulsory measure
of medical nature) and the name of the court that took the
decision.
Section 11.
In addition to the information referred to in Section
8.1 of this Law, the following information shall be
included in the Register in respect of a legal person to which a
coercive measure has been imposed:
1) [21 April 2022];
2) [21 April 2022];
3) [21 April 2022];
4) the date when a court decision was proclaimed that has
taken effect, and the name of the court that has proclaimed the
respective court decision;
5) the date when the public prosecutor's penal order was drawn
up concerning the coercive measure, and the name of the unit of
the public prosecutor's office, which drew up the public
prosecutor's penal order in respect of the coercive measure;
6) Section, Paragraph, and Clause of the Criminal Law serving
as the grounds for imposing a coercive measure to a legal
person;
7) the type and extent of the imposed coercive measure;
8) the given name and surname of the judge or public
prosecutor who proclaimed the court decision having taken effect
or who drew up the public prosecutor's penal order in respect of
the coercive measure;
9) the date when the court decision or the public prosecutor's
penal order in respect of the coercive measure entered into
effect;
10) the date when the imposed coercive measure was
executed;
11) the date of changes to the personal data and the new
data.
[21 April 2022]
Section 12.
(1) In respect of a person having committed an administrative
violation, the following information shall be included in the
Register:
1) the given name(s) and surname of the person, as well as the
previous given name and surname, if the previous given name or
surname is known;
2) the personal identity number or personal identification
code (if no personal identity number has been assigned, the date
of birth shall be included), and also the previous personal
identity number or personal identification code, if changed;
3) the sex;
4) the nationality and type thereof;
5) the place of residence (declared, additional address,
registered, or specified);
6) in respect of a legal person and partnership - the name,
registration number and legal address;
7) Section, Paragraph, and Clause covering the violation for
the committing of which the person has been held administratively
liable;
8) the date, time, and place of committing (establishing) the
administrative offence;
9) the name of the authority (given name and surname of the
official) conducting the administrative offence proceedings;
10) the name of the authority (given name and surname of the
official) which took the decision in the administrative offence
case, the number and date of the abovementioned decision, the
administrative punishment imposed by the decision, the State
budget or local government budget account number whereto the
imposed fine shall be paid;
11) the date when the decision in the administrative violation
case entered into effect;
12) the date when the administrative penalty was executed;
13) the date when the person was notified in writing regarding
the transfer of the case to the bailiff;
14) the date when the decision to impose a fine was submitted
for forced execution;
15) the name of the enforcement authority to which the
decision to impose a fine was transferred for forced
execution;
16) the date when execution of the decision to impose a fine
was suspended and resumed;
17) the expiry date of the limitation period for execution of
the administrative punishment;
18) the date of changes to the personal data and the new
data;
19) the information regarding subjecting the person to a test
for the purpose to determine the impact of alcohol concentration,
narcotic or other intoxicating substances:
a) the type of the test,
b) the number of the test report,
c) the date of drawing up the test report,
d) the name of the institution performing the test,
e) the person's state (the test result or opinion after a
medical examination),
f) the per mille quantity in the exhaled breath and biological
environments,
g) the total amount of expenses incurred as a result of
performing the test,
h) the account number whereto the person shall transfer the
fee for the tests it was subject to for the purpose of
determining the impact of alcohol concentration, narcotic or
other intoxicating substances,
i) the date when the decision in respect of the expenses
related to the tests for the purpose of determining the impact of
alcohol concentration, narcotic or other intoxicating substances
was transferred for forced execution,
j) the name of the enforcement authority to which the decision
in respect of the expenses related to the tests for the purpose
of determining the impact of the alcohol concentration, narcotic
or other intoxicating was transferred for forced execution,
k) the date of reimbursement of expenses incurred as a result
of performing the test;
20) [21 April 2022].
(2) In respect of a person who has violated competition law,
in addition, a note shall be entered in the Register whether,
depending on the detected violation, the bidder or applicant
should be excluded from participating in the procurement
procedure in accordance with the requirements of the Public
Procurement Law.
[21 April 2022]
Section 13.
In addition to the information referred to in Sections,
8.2 of this Law, the following information shall be
included in the Register in respect of a minor on whom a
compulsory measure of correctional nature has been imposed:
1) the date on which the decision to impose a compulsory
measure of correctional nature entered into effect and the name
of the court or administrative commission or sub-commission of a
local government which took the abovementioned decision;
2) the imposed compulsory measure of correctional nature;
3) the obligation imposed in addition to the imposed
compulsory measure of correctional nature;
4) the obligation or prohibition imposed with the imposed
compulsory measure of correctional nature - restrictions on
behaviour;
5) the information related to imposition of the compulsory
measure of correctional nature - restrictions on behaviour:
a) the public place that may not be visited,
b) the personal data of the person who may not be met,
c) the time of the day when the person must be at his or her
place of residence;
6) the information related to imposition of the compulsory
measure of correctional nature - placement in a social
correctional educational institution for children:
a) the name of the social correctional educational
institution,
b) the term for which the child or the minor has been placed
in a social correctional educational institution;
7) the name of the authority to which the decision to impose
the compulsory measure of correctional nature has been
transferred for execution;
8) the date on which the decision to replace the imposed
compulsory measure of correctional nature with more stringent
compulsory measure was taken, and the name of the court or
administrative commission or sub-commission of a local government
that took the abovementioned decision;
9) the date on which the decision to reduce or extend the term
for the imposition of the compulsory measure of correctional
nature was taken, the name of the court or administrative
commission or sub-commission of a local government that took the
abovementioned decision;
10) the date on which the decision to replace the compulsory
measure of correctional nature - placement in a social
correctional educational institution for children - with a
punishment was taken, the name of the court that took the
abovementioned decision.
[21 April 2022]
Section 14.
(1) The information to be included in the Register shall be
provided to the Information Centre of the Ministry of the
Interior by:
1) the entity or person having the authority to carry out the
investigation;
2) the unit of the public prosecutor's office;
3) the court;
4) the Latvian Prison Administration;
5) the authority that executes the punishment or the imposed
compulsory measure, or recovers the testing expenses incurred for
the purpose of determining the impact of alcohol concentration,
narcotic or other intoxicating substances;
6) the Treasury;
7) the Office of Citizenship and Migration Affairs;
8) the Chancery of the President;
9) [21 April 2022];
10) the authorities or officials which are entitled to conduct
the administrative offence proceedings;
11) other State and local government authorities having at
their disposal information required for compiling the
Register.
(2) The institutions referred to in Paragraph one of this
Section shall be liable for providing the information to the
Register in due time and for the conformity of such information
with the supporting documents, if any.
(3) The Cabinet shall determine the procedures for and the
volume of information to be provided to the Information Centre of
the Ministry of the Interior by the authorities referred to in
Paragraph one of this Section.
[21 April 2022]
Section 15.
In order to ensure the accumulation of true and updated
information referred to in this Law and the completeness of the
information, the Information Centre of the Ministry of the
Interior is entitled to request and receive information from
State and local government authorities free of charge.
Section 16.
(1) The Information Centre of the Ministry of the Interior
shall include and store in the Register the information provided
by the central authority of a European Union Member State with
regard to the conviction of a citizen of Latvia, non-citizen of
Latvia, the conviction of a citizen of a European Union Member
State, the European Economic Area or the Swiss Confederation
(hereinafter - the Union citizen) who holds a Latvia-issued
registration certificate of a Union citizen or a permanent
residence certificate of a Union citizen, and regarding the
conviction of a person who is not a citizen of the European
Union, a person who is a stateless person, or a person whose
nationality is unknown (hereinafter - the third-country
national), and also the information provided by a third country
with regard to the conviction of the abovementioned persons in
accordance with international agreements.
(2) If the central authority of a European Union Member State
provides information regarding any adjustments to the information
provided earlier, the Information Centre of the Ministry of the
Interior shall adjust the information in the database of the
Register accordingly.
(3) If, when providing the information referred to in
Paragraph one of this Section, the central authority of a
European Union Member State has indicated that the information
should be used exclusively for the purposes of criminal
proceedings, such information shall not be provided to another
central authority of a European Union Member State. In such case,
the Information Centre of the Ministry of the Interior shall
provide information regarding the European Union Member State
from which the information has been received.
(4) The Information Centre of the Ministry of the Interior
shall provide third countries with the information that has been
provided by the central authority of a European Union Member
State and is included in the Register, respecting the
restrictions determined by the European Union Member State.
[21 April 2022 / Amendments to Paragraphs one and
two shall come into force on 28 June 2022. See Paragraph 9 of
Transitional Provisions]
Chapter
III
Requesting of Information from the European Union Member
States
Section 17.
(1) The Information Centre of the Ministry of the Interior
shall be the central authority of the Republic of Latvia within
the meaning of Regulation (EU) 2019/816 of the European
Parliament and of the Council of 17 April 2019 establishing a
centralised system for the identification of Member States
holding conviction information on third-country nationals and
stateless persons (ECRIS-TCN) to supplement the European Criminal
Records Information System and amending Regulation (EU) 2018/1726
(hereinafter - Regulation No 2019/816) and shall fulfil the
obligations laid down in the Regulation.
(2) If any persons and authorities having the right to receive
information from the Register in accordance with this Law require
information regarding the current criminal record of a national
of a European Union Member State in a European Union Member State
or a third country, and also the current criminal record of a
third-country national in a European Union Member State the
Information Centre of the Ministry of the Interior shall request
information regarding:
1) the criminal record of a national of a European Union
Member State - from the central authority of the European Union
Member State which is the country of nationality of the
respective person;
2) the criminal record of a third-country national - from the
central authority of the European Union Member State which holds
information regarding the criminal record of the respective
person.
(3) The information referred to in Paragraph two of this
Section shall be requested by the Information Centre of the
Ministry of the Interior by filling out a form the contents and
template of which shall be determined by the Cabinet. The form
shall be filled out in the language of the respective European
Union Member State or in the language indicated by the respective
country to the General Secretariat of the Council of the European
Union as the language for communication.
(4) The Information Centre of the Ministry of the Interior
shall request a copy of the decision in a criminal case on
convicting a person from the central authority of a European
Union Member State, if it is needed for the persons and
authorities that have the right to receive information from the
Register in accordance with this Law.
[21 April 2022 / The new wording of Paragraphs one, two,
and three shall come into force on 28 June 2022. See Paragraph 9
of Transitional Provisions]
Section 18.
The information referred to in Section 17, Paragraph one of
this Law that has been provided by the central authority of a
European Union Member State may be used exclusively for the
initially designated purposes, except in the cases when:
1) the restrictions stipulated by the European Union Member
State are respected;
2) it is necessary for preventing imminent and serious threat
to public order.
Chapter
IV
Provision of the Information Included in the Register and
Supervision of Data Processing
[21 April 2022 /
Amendment to the title of the Chapter regarding the
supplementation thereof with the words "and Supervision of Data
Processing" shall come into force on 28 June 2022. See Paragraph
9 of Transitional Provisions]
Section 19.
(1) The following persons have the right to request and
receive information from the Register:
1) a private individual - the information regarding himself or
herself included in the Register and at the disposal of the
central authority of a European Union Member State, and also in
the cases and to the extent laid down in the external legal acts
governing the operations of persons;
2) a person or authority performing investigative operations
or a person authorised to perform the investigation, a unit of
the public prosecutor's office and the court - information that
is required to enable the performance of the functions laid down
in the laws and regulations governing the operations of the
respective authorities or persons;
3) the authority which is entitled to conduct the
administrative offence proceedings - information that is required
for the examination of administrative offence cases included in
the record-keeping thereof or for conducting the administrative
offence proceedings;
4) other authorities - information in the cases and to the
extent laid down in the external legal acts governing the
operations thereof;
5) sworn bailiffs - information in the cases and to the extent
laid down in the external legal acts governing the operations
thereof;
6) a defence counsel - information regarding the defendant in
the criminal proceedings or administrative offence case;
7) an employer - information in order to verify the compliance
of the natural person with the restrictions laid down in laws and
regulations when hiring for a job or recruiting for service
(specifying the law or regulation that prescribes the relevant
restrictions);
8) the central authority of a European Union Member State -
information regarding the actual criminal record of a Latvian
national in Latvia, in another European Union Member State, and
regarding the conviction in a third country, and also regarding
the actual criminal record of the national of another European
Union Member State or a third-country national in Latvia;
9) the Information Centre of the Ministry of the Interior -
when performing the functions of the system administrator to
ensure data quality, and also for the analysis of the data
entered, the issuing of information from the system, and the
preparation of statistical data.
(2) The Information Centre of the Ministry of the Interior
shall provide the information included in the Register to the
central authority of another European Union Member State in
respect of its national who has been convicted in the Republic of
Latvia.
(21) The Information Centre of the Ministry of the
Interior shall include the following information in the European
Criminal Records Information System on each convicted
third-country national who has an actual criminal record in the
Republic of Latvia:
1) identification code of a person (if known);
2) the given name (names) and surname of the person as well as
the previous given name and surname if the previous given name or
surname is known;
3) date of birth of a person;
4) the place of birth (country and city);
5) gender;
6) nationality and type thereof;
7) father's given name;
8) type, number, and issuing authority of identification and
travel document of a person (if known);
9) an indication that a person has been convicted of any
criminal offence listed in Annex to Regulation (EU) 2018/1240 of
the European Parliament and of the Council of 12 September 2018
establishing a European Travel Information and Authorisation
System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU)
No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226
punishable by deprivation of liberty of more than three
years;
10) finger image data (data on the fingerprint of each finger
of a person);
11) picture of the face (digital picture of the face of a
person).
(22) Indication that a third-country national has
been convicted of any criminal offence listed in Annex to
Regulation (EU) 2018/1240 of the European Parliament and of the
Council of 12 September 2018 establishing a European Travel
Information and Authorisation System (ETIAS) and amending
Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399,
(EU) 2016/1624 and (EU) 2017/2226 punishable by deprivation of
liberty of more than three years shall be deleted from the
European Criminal Records Information System after the relevant
criminal record has been extinguished or set aside.
(23) Data on a third-country national convicted in
Latvia shall be deleted from the European Criminal Records
Information System in full after all convictions of the
third-country national have been extinguished or set aside.
(3) If the information referred to in Paragraph two of this
Section is to be used exclusively for the purposes of criminal
proceedings, the Information Centre of the Ministry of the
Interior shall notify accordingly the central authority of the
European Union Member State to which the information is
provided.
(4) The Cabinet shall determine the way and procedures by
which the Information Centre of the Ministry of the Interior
shall provide and send the information included in the
Register.
(5) If the information included in the Register regarding
conviction of a national of another European Union Member State
is corrected or deleted, the Information Centre of the Ministry
of the Interior shall notify accordingly the central authority of
the European Union Member State to which the abovementioned
information has been provided.
(6) The Information Centre of the Ministry of the Interior
shall provide a copy of the decision in the criminal proceedings
on the conviction of a person to the central authority of a
European Union Member State, if a relevant request has been
received. The Information Centre of the Ministry of the Interior
shall request and receive free of charge a copy of the decision
in the criminal proceedings on the conviction of a person from
public authorities, as well as copies of any further decision in
respect of the convicting decision.
[21 April 2022 / The new wording of Paragraph one,
Clause 8 and Paragraph 2.1 shall come into force on 28
June 2022. See Paragraph 9 of Transitional Provisions]
Section 20.
(1) The Information Centre of the Ministry of the Interior
shall provide the information included in the Register to the
central authority of another European Union Member State in
respect of the criminal record of a citizen of Latvia,
non-citizen of Latvia, such Union citizen who holds a
registration certificate of a Union citizen or a permanent
residence certificate of a Union citizen issued in Latvia, and
also in respect of the criminal record of a third-country
national, specifying the relevant restrictions on processing of
personal data, if a request for such information has been
received from the central authority of another European Union
Member State.
(2) The information referred to in Paragraph one of this
Section shall be provided by filling out a form, the contents and
template of which shall be determined by the Cabinet.
(3) The form referred to in Paragraph two of this Section
shall be filled out in the national language or the language
which the European Union Member State concerned has indicated to
the General Secretariat of the Council of the European Union as
the language for communication.
(4) The information in respect of criminal record of a
national of another European Union Member State or a third
country shall be provided in accordance with international
agreements.
[21 April 2022]
Section 21.
(1) The information included in the Register shall be
provided:
1) in the form of a statement;
2) in online data transmission mode if the requester of
information is identified.
(2) Information provided in online data transmission mode
shall be valid without a signature.
(3) A statement from the current database of the Register
shall include information regarding the criminal record of a
natural person in the Republic of Latvia which has not been set
aside (extinguished), information regarding a penalty imposed on
a natural or legal person in the Republic of Latvia in an
administrative offence case when less than one year has passed
since its execution, and also information regarding the coercive
measures imposed on legal persons in the Republic of Latvia.
(4) A statement from the archives database of the Register
shall include information regarding the criminal record of a
natural person in the Republic of Latvia which has been set aside
or extinguished, information regarding a penalty imposed on a
natural or legal person in the Republic of Latvia in an
administrative offence case when more than one year has passed
since its execution, and also information regarding the coercive
measures imposed and executed in the Republic of Latvia in
respect of legal persons.
(41) The multilingual standard form shall be issued
upon request if a statement of no criminal record has been issued
to the person. The multilingual standard form shall be issued in
exchange for a fee according to the price list of paid services
stipulated by the Cabinet.
5) [21 April 2022 / See Paragraph 8 of Transitional
Provisions]
(6) The provision of information from the Punishment Register
shall be a paid service, and it shall be provided according to
the price list of paid services stipulated by the Cabinet.
[21 April 2022]
Section 21.1
The Data State Inspectorate shall carry out the audit provided
for in Article 28(2) of Regulation No 2019/816.
[21 April 2022 / Section shall come into force on 28 June
2022. See Paragraph 9 of Transitional Provisions]
Chapter V
Time Periods for Storing the Information Included in the
Register
Section 22.
(1) The following information shall be stored in the current
database of the Register:
1) regarding a person against whom criminal proceedings have
been initiated - until the moment when the person has lost this
status;
2) regarding a detained person - until the moment when the
person has lost this status;
3) regarding a suspect - until the moment when the person has
lost this status;
4) regarding an accused person - until the moment when the
person has lost this status;
5) regarding a person against whom proceedings are in progress
in order to impose a compulsory measure of medical nature - until
the moment when the person has lost this status;
6) regarding a convict - until the moment when criminal record
has been cleared or removed, and in the case when a compulsory
measure of medical or correctional nature has been imposed -
until the moment when the compulsory measure of medical nature
has been revoked or the compulsory measure of correctional nature
has been executed;
7) [21 April 2022];
8) regarding a person who has committed an administrative
offence - until the moment when administrative offence
proceedings have been terminated or one year has elapsed since
the enforcement of the penalty imposed in an administrative
offence case or after expiry of the limitation period of the
enforcement of an administrative penalty, or after receipt of
information from a sworn bailiff on seizure, partial enforcement,
or termination or completion of the enforcement proceedings;
9) regarding a minor on whom a compulsory measure of
correctional nature has been imposed - until the moment when the
respective compulsory measure has been executed or replaced with
a punishment;
10) regarding a legal person on whom a compulsory measure has
been imposed - until the moment when the respective compulsory
measure has been executed;
11) regarding a person on whom information has been received
from a European Union Member State or a third country - until
information on the deletion of the previously provided
information has been received from the central authority of a
European Union Member State or a third country, but not longer
than 100 years after birth of the person.
(2) The information from the current database of the Register
shall be transferred to the archives database of the Register
when the grounds for storing the information referred to in
Paragraph one, Clauses 1, 2, 3, 4, 5, 6, 8, 9, and 10 of this
Section have ceased to exist or the term for storing the
information has expired.
[21 April 2022]
Section 23.
The following information shall be stored in the archives
database of the Register:
1) regarding a person whose criminal record has been set aside
or extinguished, against whom the initiated criminal proceedings
have been terminated, regarding an acquitted person, regarding a
person on whom the imposed compulsory measure of correctional
nature has been executed, a person on whom the imposed compulsory
measure of medical nature has been revoked - for one year after
information has been received from the Register of Natural
Persons regarding the death of the person, however, not longer
than 100 years after birth of the person;
2) regarding a legal person on whom a coercive measure has
been imposed - until its liquidation or for 10 years after
liquidation if a coercive measure - liquidation - has been
enforced on the legal person;
3) regarding a person who has committed an administrative
offence - for one year after receipt of information regarding the
death of the person from the Register of Natural Persons, for 10
years after the termination of the administrative offence
proceedings, the execution of the penalty imposed in the
administrative offence case or expiry of the limitation period of
the enforcement of an administrative penalty, or receipt of
information from a sworn bailiff regarding the return of an
enforcement document to a creditor or the termination or
completion of the enforcement proceedings, or for 10 years after
the transfer of information to the archives database regarding a
person who committed an administrative offence in the period from
1 January 2002 until 31 December 2005.
[21 April 2022]
Section 24.
Information shall be deleted from the Register and a relevant
statement shall be drawn up thereto if the grounds for storing
the information referred to in Section 22, Paragraph one, Clause
11 of this Law have ceased to exist or if the term for storing
the information has expired, and if the grounds for storing the
information referred to in Section 23 of this Law have ceased to
exist or if the term for storing the information has expired.
Chapter
VI
Administrative Offence Proceedings Support System
[21 May 2020 / Chapter shall
come into force on 1 July 2020. See Paragraph 7 of Transitional
Provisions]
Article 25.
(1) The Administrative Offence Proceedings Support System is a
sub-system of the Register.
(2) Documents related to the administrative offence case shall
be prepared, downloaded, and stored in the Administrative Offence
Proceedings Support System.
[21 May 2020 / Section shall come into force on 1 July
2020. See Paragraph 7 of Transitional Provisions]
Article 26.
Documents prepared in printed form shall be converted into an
electronic format and certified with an electronic signature
within the meaning of Article 3(10) of Regulation (EU) No
910/2014 of the European Parliament and of the Council of 23 July
2014 on electronic identification and trust services for
electronic transactions in the internal market and repealing
Directive 1999/93/EC (hereinafter - Regulation No 910/2014) in
compliance with the following provisions:
1) content representation of the original document and
compliance with it in the specified storage period is
ensured;
2) reading of the document content electronically is ensured
and a derivative in printed form is created, if necessary;
3) the converted document is protected against additions,
changes, unauthorised access, and destruction;
4) the destruction process of the original document is
documented in accordance with the procedures specified by the
head of the institution.
[21 May 2020 / Section shall come into force on 1 July
2020. See Paragraph 7 of Transitional Provisions]
Article 27.
(1) A requirement of the signature of an official or higher
official referred to in the Law on Administrative Liability is
fulfilled if the document created in the Administrative Offence
Proceedings Support System is signed with an electronic signature
within the meaning of Article 3(10) of Regulation (EU) No
910/2014.
(2) If a procedural action in administrative offence
proceedings is certified by a signature, the person who
participates in the abovementioned action may sign also in the
following way:
1) with a secure electronic signature;
2) on the sensor of the signature capturing device;
3) on a separate signature sheet;
4) with an electronic signature tool (system tool) available
in the electronic service of the Administrative Offence
Proceedings Support System.
(3) A requirement of the signature of such person who
participates in the procedural action in administrative offence
proceedings is fulfilled also if the course of proceedings has
been recorded with technical means or if an official or higher
official has made a notation in the Administrative Offence
Proceedings Support System that the person has familiarised
himself or herself with the content of a procedural document.
[21 May 2020 / Section shall come into force on 1 July
2020. See Paragraph 7 of Transitional Provisions]
Article 28.
The documents prepared and downloaded within the scope of
administrative offence proceedings shall be stored in the
Administrative Offence Proceedings Support System for one year
from the moment of receipt of information on the death of an
administratively punished person or a person to be held
administratively liable or for 10 years from the enforcement of
the penalty imposed in an administrative offence case or after
expiry of the limitation period of the enforcement of an
administrative penalty. The data obtained through the use of
technical means shall be stored for three months from the
enforcement of the penalty imposed in an administrative offence
case or after expiry of the limitation period of the enforcement
of an administrative penalty.
[21 May 2020 / Section shall come into force on 1 July
2020. See Paragraph 7 of Transitional Provisions]
Transitional
provisions
1. With the coming into force of this Law, the Punishment
Register Law of 13 October 2005 (Latvijas Republikas Saeimas
un Ministru Kabineta Ziņotājs, 2005, No. 21; 2007, No. 12;
2009, No. 14; Latvijas Vēstnesis, 2010, No. 102) is
repealed.
2. Section 9, Paragraph one, Clauses 5 and 10, Section 12,
Clauses 16 and 17, and Section 13 of this Law shall come into
force on 1 January 2015.
3. The data on persons in the Register who have committed
administrative violations up to 31 December 2001 shall be deleted
from the Register and a relevant statement shall be drawn up.
4. The data on persons in the current database of the Register
who have committed administrative violations between 1 January
2002 and 31 December 2005 shall be transferred to the archives
database of the Register.
5. The Cabinet shall issue the regulations referred to in
Section 14, Paragraph three, Section 17, Paragraph one, Section
19, Paragraph four, Section 20, Paragraph two, and Section 21,
Paragraph six of this Law by 1 June 2014.
6. Until the regulations referred to in Section 14, Paragraph
three, Section 19, Paragraph four, and Section 21, Paragraph six
of this Law come into force, however not longer than until 1 June
2014, Cabinet Regulation No. 687 of 22 August 2006, Procedures
and Scope for Providing Information to the Punishment Register
and Releasing the Information Included in the Punishment
Register, and Cabinet Regulation No. 323 of 25 April 2006,
Regulation Regarding the State Fee for Issuing a Statement from
the Punishment Register, shall be in force insofar as they do not
in contradiction with this Law.
7. Chapter VI of this Law shall come into force concurrently
with the Law on Administrative Liability.
[21 May 2020]
8. Amendments regarding the deletion of Section 21, Paragraph
five of this Law shall come into force on 1 January 2023.
[21 April 2022]
9. Amendments to Section 16, Paragraphs one and two and the
title of Chapter IV of this Law, the new wording of Section 17,
Paragraphs one, two, and three and Section 19, Paragraph one,
Clause 8, and also Section 9, Paragraph 2.1 and
Section 21.1 of this Law shall come into force on 28
June 2022.
[21 April 2022 / The abovementioned amendments shall be
included in the wording of the Law as of 28 June 2022]
Informative
Reference to European Union Directive
[21 April 2022]
The Law contains legal norms arising from Directive (EU)
2019/884 of the European Parliament and of the Council of 17
April 2019 amending Council Framework Decision 2009/315/JHA, as
regards the exchange of information on third-country nationals
and as regards the European Criminal Records Information System
(ECRIS), and replacing Council Decision 2009/316/JHA.
This Law shall come into force on 1 January 2014.
The Law was adopted by the Saeima on 10 October
2013.
President A. Bērziņš
Riga, 29 October 2013
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)
