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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The translation of this document is outdated.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.–04.06.2020.
Amendments not included: 21.05.2020.

The Saeima 1 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 (if no personal identity number has been assigned, the date of birth shall be included);

3) the place of birth;

4) the gender;

5) the nationality and type thereof;

6) the place of residence;

7) the criminal case reference number in pre-trial criminal proceedings;

8) the legal classification of the criminal offence;

9) the start date of criminal proceedings, the name of the authority and unit (hereinafter - the authority) that initiated the criminal proceedings;

10) the date as of which the person shall be deemed a person against whom criminal proceedings have been initiated;

11) the date of committing the criminal offence;

12) the name of the authority, in the record-keeping of which the criminal case is filed;

13) the number of Section, Paragraph and Clause of the Criminal Procedure Law and of the Criminal Law serving as the grounds for termination (termination in a part thereof) of the criminal proceedings, the name of the authority, which has taken the decision to terminate (to terminate in a part thereof) the criminal proceedings, and the date when the decision to terminate (to terminate in a part thereof) the criminal proceedings was taken;

14) the date when personal data have changed and the new data, as well as information regarding any other updates in the Register;

15) the date when the person died or the court declared the person dead.

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 authority, and the temporary detention facility where the person was placed;

2) the date when the person was released from the temporary detention facility, and the name of the releasing authority.

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;

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;

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.

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;

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;

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 public prosecutor's office that transferred the criminal case for additional investigation, the date when the criminal case was transferred, the name of the authority to which the criminal case was transferred for additional 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) the date of suspension or resumption of a trial in criminal proceedings, the name of the court that took a decision to suspend or resume the trial in criminal proceedings;

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.

Section 8.

In respect of a person against whom proceedings for determination of compulsory measure of medical nature are taking place, 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 the decision to continue the proceedings for determination of compulsory measure of medical nature was taken, the name of the authority that took the respective decision, the name of the unit of the public prosecutor's office 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 determination of compulsory measure of medical nature was taken, the name of the unit of the public prosecutor's office that took the abovementioned decision, and the name of the court to which the criminal case has been transferred.

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 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;

11) the date when a decision was taken to cancel the court decision fully or in a part thereof, the name of the court that took the abovementioned decision, the date when the decision entered into effect, the name of the authority to which the criminal case was transferred;

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 date when a decision to extend the probationary period was taken in case of a suspended sentence and the term for which the probationary period has been extended;

18) the obligations imposed when serving the additional punishment - probationary supervision;

19) the information related to the obligations imposed when serving the additional punishment - 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;

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;

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 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).

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 respect of a legal person to which a coercive measure has been applied, the following information shall be included in the Register:

1) the name;

2) the registration number;

3) the legal address;

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.

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 (names), surname of the person;

2) the personal identity number (if no personal identity number has been assigned, the date of birth shall be included);

3) the sex;

4) the nationality and type thereof;

5) the place of residence;

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 (discontinuing) the administrative violation;

9) the name of the authority (given name and surname of the official) that drew up the administrative violation report, the date when the report was drawn up and the number of the report;

10) the name of the authority (given name and surname of the official) that took the decision in the administrative violation 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 fine shall be paid;

11) the date when the decision in the administrative violation case entered into effect;

12) the date when the administrative punishment was served (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;

20) the information regarding the imposed guarantee money:

a) the amount of the guarantee money,

b) the paid-in amount of the guarantee money,

c) the number of the account whereto the person shall transfer the guarantee money,

d) the date when the guarantee money was paid in (the date when the authority has recognised the payment as received in accordance with the procedures laid down in laws and regulations),

e) the registration documents of the detained motor vehicle and the driving licence,

f) the date when information regarding reimbursement of the paid-in guarantee money or the remaining amount thereof was sent.

(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.

Section 13.

In respect of a minor on whom a compulsory measure of correctional nature has been imposed, 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 (if no personal identity number has been assigned, the date of birth shall be included);

3) the place of birth;

4) the sex;

5) the nationality and type thereof;

6) the place of residence;

7) the date when a decision to apply a compulsory measure of correctional nature entered into effect and the name of the court or administrative commission of a local government that took the abovementioned decision;

8) the imposed compulsory measure of correctional nature;

9) the obligation imposed in addition to the imposed compulsory measure of correctional nature;

10) the obligation or prohibition imposed with the imposed compulsory measure of correctional nature - restrictions on behaviour;

11) the information related to enforcement of the obligation or prohibition imposed with the imposed 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;

12) the information related to enforcement 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 and the minor has been placed in the social correctional educational institution;

13) the name of the authority to which the decision to impose the compulsory measure of correctional nature has been transferred for execution;

14) the date when a decision to replace the imposed compulsory measure of correctional nature with more stringent compulsory measure was taken, the name of the court or administrative commission that took the abovementioned decision;

15) the date when a decision to extend or contract the term for executing the compulsory measure of correctional nature was taken, the name of the court or administrative commission that took the abovementioned decision;

16) the date when a decision to replace the compulsory measure of correctional nature - placement in a social correctional educational institution - with a punishment was taken, the name of the court that took the abovementioned decision.

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) the authorities or officials that draw up an administrative violations report;

10) the authorities or officials that are entitled to examine the administrative violations cases;

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.

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 - 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 foreign national who holds a Latvia-issued temporary or permanent residence permit, as well as the information provided by a third country in accordance with international agreements with regard to the conviction of the abovementioned persons.

(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 current 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.

Chapter III
Requesting of Information from the European Union Member States

Section 17.

(1) If any persons or authorities having the right to receive information from the Register in accordance with this Law need information regarding the conviction of a national of a European Union Member State in a European Union Member State or a third country, the Information Centre for the Ministry of the Interior shall request such information from the central authority of the European Union Member State by filling out a form, the contents and template of which shall be determined by the Cabinet.

(2) The form referred to in Paragraph one of this Section shall be filled out in the language of the respective European Union Member State or in the language this state has indicated to the General Secretariat of the Council of the European Union as the language for communication.

(3) 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.

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

Section 19.

(1) The following persons have the right to request and receive information from the Register:

1) a private individual - information regarding himself or herself, as well as in the cases and in the amount specifically laid down in laws and regulations - other information included in the Register;

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) an authority that is entitled to examine the administrative violations cases - information required for examination of the administrative violations cases that are in its record-keeping;

4) other State and local government authority - information in the amount and for the intended purposes as laid down in the laws and regulations;

5) 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);

6) a defence counsel - information regarding the defendant in the criminal proceedings or administrative violations case, supporting the request by documentary evidence;

7) a sworn bailiff - in respect of an execution file in the record-keeping - information regarding enforcement of a fine or reimbursement of testing expenses incurred for the purpose of determining the impact of alcohol concentration, narcotic or other intoxicating substances;

8) the central authority of a European Union Member State - information regarding conviction of a person.

(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.

(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 procedures by which the Information Centre of the Ministry of the Interior shall provide 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.

Section 20.

(1) The Information Centre of the Ministry of the Interior shall provide the information included in the Register in respect of criminal record of a citizen of Latvia, non-citizen of Latvia and Union citizen who holds a Latvia-issued registration certificate of a Union citizen or a permanent residence certificate of a Union citizen, as well as in respect of criminal record of a foreigner who holds a Latvia-issued temporary or permanent residence permit, 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.

Section 21.

(1) The information included in the Register shall be provided:

1) via on-line data transmission or other electronic means of communication, if the information recipient is identified;

2) in writing (a letter or statement).

(2) A statement is a document of a predefined template and scope, which contains information regarding a natural or legal person included in the Register.

(3) A statement from the current database of the Register shall include information regarding criminal record of a natural person in the Republic of Latvia that has not been cleared (removed), information regarding a punishment imposed on a natural or legal person in the Republic of Latvia in an administrative violation case when less than one year has passed since its serving or execution, as well as 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 that has been cleared or removed, information regarding a punishment imposed on a natural or legal person in the Republic of Latvia in an administrative violation case when more than one year has passed since its serving or execution, as well as information regarding the compulsory measures imposed and executed in the Republic of Latvia in respect of legal persons.

(5) A state fee shall be payable for the preparation of the statement.

(6) The Cabinet shall determine the requirements for drawing up the statement, the amount of the State fee to be paid for the preparation of the statement and the procedures for collection thereof, as well as the exemptions from payment of the State fee.

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) regarding a person on whom a compulsory measure of medical nature has been imposed - until the moment when the respective compulsory measure has been revoked;

8) regarding a person who has committed an administrative violation - until the moment when one year has passed from serving or execution of the punishment for the administrative violation or from the expiry date of the limitation period for the enforcement of the administrative punishment;

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 Latvian citizen, a Latvian non-citizen, a Union citizen who holds a Latvia-issued registration certificate of a Union citizen or a permanent residence certificate of a Union citizen, as well as regarding a foreign national who holds a Latvia-issued temporary or permanent residence permit who has been sentenced in a European Union Member State or in a third country - until the moment when information has been received from the central authority of a European Union Member State or a third country in respect of deletion of the information provided earlier, however no longer than 100 years after the person's birth.

(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, 7, 8, 9, and 10 of this Section have ceased to exist or the term for storing the information has expired.

Section 23.

The following information shall be stored in the archives database of the Register:

1) regarding a person whose criminal record has been cleared or removed, 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 Population Register regarding the person's death, however no longer than 100 years after the person's birth;

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 having committed an administrative violation - for one year after information has been received from the Population Register regarding the person's death, or for 10 years after the punishment has been served or executed, or after expiry of the limitation period for enforcement of the administrative punishment.

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.

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.

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

 


1 The Parliament of the Republic of Latvia

Translation © 2016 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Sodu reģistra likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 10.10.2013.Entry into force: 01.01.2014.Theme: ; Criminal procedurePublication: Latvijas Vēstnesis, 211, 29.10.2013. OP number: 2013/211.1
Language:
LVEN
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