Republic of Latvia Cabinet Regulation No. 563 Adopted 23 September 2014

Regulations Regarding the Provision and Receipt of Information from the Punishment Register, the Amount of the State Duty, and the Requirements for Drawing up the Statement

Issued pursuant to
Section 14, Paragraph three, Section 19,
Paragraph four, and Section 21,
Paragraph six of the Punishment Register Law

I. General Provisions

1. This Regulation prescribes:

1.1. the extent to and the procedures by which an institution or a person that is authorised to carry out investigation, a unit of the public prosecutor's office, a court, the Prisons Administration, an institution which executes the punishment or the applied compulsory measure or recovers the testing expenses incurred for the purpose of determining the alcohol concentration, influence of narcotic or other intoxicating substances in administrative violation cases, the Treasury, the Office of Citizenship and Migration Affairs, the Chancery of the President, an institution or an official that draws up an administrative violation report, an institution or an official that is entitled to examine administrative violation cases, and other State and local government institutions (hereinafter - the responsible institution) shall provide information to the Punishment Register (hereinafter - the Register);

1.2. the extent to and the procedures by which the Information Centre of the Ministry of the Interior (hereinafter - the Centre) shall provide information contained in the Register to the competent authority of a European Union Member State which ensures exchange of information from criminal records (hereinafter - the central authority of a European Union Member State) and private individuals, State and local government institutions, as well as for the purpose of carrying out scientific and statistical studies;

1.3. the requirements for drawing up statements issued by the Register (hereinafter - the statement);

1.4. the amount of the State duty for the preparation of the statement, the payment procedures thereof, and exemptions from payment of the State duty.

2. Information shall be included in the Register in online data transmission mode or in automated data exchange mode, or on the basis of notifications from the central authorities of European Union Member States.

3. In order to ensure that information is included in the Register in online data transmission mode or in automated data exchange mode, an institution or a person that is authorised to carry out investigation, a unit of the public prosecutor's office, the Court Administration, the Prisons Administration, an institution which executes the punishment or the applied compulsory measure or recovers the testing expenses incurred for the purpose of determining the alcohol concentration, influence of narcotic or other intoxicating substances in administrative violation cases, the Office of Citizenship and Migration Affairs, the Chancery of the President, an institution or an official that draws up an administrative violation report, an institution or an official that is entitled to examine administrative violation cases, and other State and local government institutions shall enter into a memorandum of understanding or a bilateral contract with the Centre. The text of the memorandum of understanding or bilateral contract shall establish grounds for, scope of and procedures for data exchange, data security conditions, liabilities of parties, as well as the persons who have been granted access to the Register in online data transmission mode.

4. The Treasury shall ensure electronic exchange of information with the Centre in accordance with the laws and regulations establishing the procedures by which the Treasury shall ensure electronic exchange of information.

5. Information confirmed by documents shall be included in the Register.

6. An institution or a person that is authorised to carry out investigation, a unit of the public prosecutor's office, a court, the Prisons Administration, an institution which executes the punishment or the applied compulsory measure or recovers the testing expenses incurred for the purpose of determining the alcohol concentration, influence of narcotic or other intoxicating substances in administrative violation cases, the Office of Citizenship and Migration Affairs, the Chancery of the President, an institution or an official that draws up an administrative violation report, an institution or an official that is entitled to examine administrative violation cases, and other State and local government institutions shall enter information in the Register in online data mode or automated data exchange mode immediately but not later than within three working days after performance of the relevant procedural actions or entering into effect of registration or a ruling.

7. The Centre shall provide information which has been included in the Register by using data transmission in online mode or other electronic means of communication, after entering into a memorandum of understanding or a contract with the recipient of information.

II. Extent of Information to be Provided to the Register

8. An institution or a person that is authorised to carry out investigation shall include the following information in the Register:

8.1. regarding a person against whom criminal proceedings have been initiated:

8.1.1. the given name(s), surname of the person, as well as the previous given name, surname, if the previous given name or surname is known;

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

8.1.3. the place of birth;

8.1.4. the sex;

8.1.5. the nationality and type thereof;

8.1.6. the place of residence (the indicated or declared one);

8.1.7. the date of death of the person;

8.1.8. the number of the criminal case in pre-trial criminal proceedings;

8.1.9. the legal classification of the criminal offence;

8.1.10. the date of initiation of the criminal proceedings, the name of the institution and unit (hereinafter - the institution) which initiated the criminal proceedings;

8.1.11. the date as of which the person is deemed a person against whom criminal proceedings have been initiated;

8.1.12. the date of committing the criminal offence;

8.1.13. the name of the institution in the record-keeping of which the criminal case is filed;

8.1.14. the 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 institution which took 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;

8.1.15. the date when personal data (given name, surname, and personal identity number of the person) have changed and the new data, as well as information regarding updating of any other information provided to the Register;

8.2. regarding a detained person, in addition to the information referred to in Sub-paragraph 8.1 of this Regulation:

8.2.1. the date when the person was detained, the name of the detaining authority, and the name of the investigating institution or the temporary detention facility where the person has been placed;

8.2.2. the date when the person was released, the name of the investigating institution or of the temporary detention facility from which the person was released, and the name of the institution or of the facility which has released the person;

8.3. regarding a suspect, in addition to the information referred to in Sub-paragraphs 8.1 and 8.2 of this Regulation:

8.3.1. the date when the person was recognised as a suspect, as well as the name of the institution which took the decision to recognise the person as a suspect;

8.3.2. the criminal offence provided for in The Criminal Law for the commitment of which the person has been recognised as a suspect;

8.3.3. the date when the decision to recognise the person as a suspect was revoked, and the name of the institution which took the abovementioned decision;

8.3.4. the type of the security measure, the date of application, modification, or revocation thereof, and the name of the institution which took the relevant decision;

8.3.5. the criminal offence provided for in The Criminal Law for the commitment of which a security measure has been applied to the person;

8.3.6. if the security measure does not involve deprivation of liberty, information regarding application thereof:

8.3.6.1. the given name, surname, and personal identity number (if no personal identity number has been assigned, the date of birth shall be included) of the person whom it is prohibited to approach if the security measure applied constitutes a prohibition to approach a specific person;

8.3.6.2. the address of the place in respect of which a prohibition to visit or approach applies if the security measure applied constitutes a prohibition to approach a specific place;

8.3.6.3. the prohibited occupation (activities which are prohibited) or official (job) duties the person is prohibited from practising or performing if the security measure applied constitutes a prohibition to practice a specific occupation;

8.3.6.4. the duration of stay and the address of the place of stay if the security measure applied constitutes a stay in a specific place;

8.3.6.5. the address of the place of residence or of the temporary place of stay if the security measure applied constitutes a stay in a specific place;

8.3.6.6. the address of the permanent place of residence or of the temporary place of stay that may not be changed if the security measure applied constitutes placement under the police supervision;

8.3.6.7. the given name, surname, and personal identity number (if no personal identity number has been assigned, the date of birth shall be included) of the person with whom it is prohibited to meet, if the security measure applied constitutes placement under police supervision;

8.3.6.8. the places or establishments (type or address) that may not be visited if the security measure applied constitutes placement under police supervision;

8.3.6.9. the time of the day when the person must be at his or her place of residence if the security measure applied constitutes placement under police supervision;

8.3.7. the date when the decision was taken to search for the person, and the name of the institution which took the decision to search for the person;

8.3.8. the date of finding the person in respect of whom the decision was taken to search for the person;

8.3.9. the date when the decision to join criminal proceedings or to isolate criminal proceedings in separate records was taken; the name of the institution which took the decision to join criminal proceedings or to isolate criminal proceedings in separate records; the number of the criminal case prior to joining criminal proceedings or isolating criminal proceedings in separate records, and the number of the criminal case after joining criminal proceedings or isolating criminal proceedings in separate records;

8.3.10. the legal classification of criminal offences in criminal proceedings which were joined or in criminal proceedings which were isolated in separate records;

8.3.11. the date when criminal proceedings were suspended or renewed, the name of the institution which took the decision to suspend or renew criminal proceedings, the Section, Paragraph, and Clause of the Criminal Procedure Law serving as the grounds for suspending or renewing criminal proceedings;

8.3.12. the name of the unit of 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 institution which has transferred the criminal case to the public prosecutor's office;

8.3.13. the name of the institution 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 institution which has transferred the criminal case according to jurisdiction;

8.4. regarding a person against whom proceedings are in progress in order to impose a compulsory measure of a medical nature, in addition to the information referred to in Sub-paragraphs 8.1, 8.2, and 8.3 of this Regulation the date when the decision was taken to continue the proceedings in order to impose a compulsory measure of a medical nature, the name of the institution which took the relevant decision, and the name of the unit of the public prosecutor's office to which materials of the criminal case have been transferred shall be included in the Register.

9. The unit of the public prosecutor's office shall include the following information in the Register:

9.1. regarding an accused person, in addition to the information referred to in Sub-paragraphs 8.1, 8.2, and 8.3 of this Regulation:

9.1.1. the date when the decision to hold the person criminally liable was taken, the name of the unit of the public prosecutor's office which took the relevant decision, the Section, Paragraph, and Clause of The Criminal Law serving as the grounds for holding the person criminally liable;

9.1.2. the name of the court to which the criminal case has been transferred, the date when the criminal case was transferred, the name of the unit of the public prosecutor's office which has transferred the criminal case to the court, the Section, Paragraph, and Clause of the Criminal Procedure Law serving as the grounds for taking a decision to terminate pre-trial criminal proceedings;

9.1.3. the obligations imposed by the public prosecutor and the probationary period upon the person being conditionally released from criminal liability;

9.1.4. the information related to the fulfilment of the obligations imposed by the public prosecutor:

9.1.4.1. 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 the consent of the State Probation Service;

9.1.4.2. the activity or occupation to be refrained from if upon conditional release from criminal liability an obligation has been imposed to refrain from a specific activity or occupation;

9.1.5. the name of the institution assigned to control the fulfilment of the imposed obligation;

9.1.6. the date when the decision on conditional release from criminal liability became fully effective;

9.1.7. the name of the unit of the public prosecutor's office which has transferred the criminal case for additional investigation, the date when the criminal case was transferred, the name of the institution to which the criminal case has been transferred for additional investigation;

9.1.8. the name of the unit of the public prosecutor's office which has transferred the criminal case for further investigation, the date when the criminal case was transferred, the name of the institution to which the criminal case has been transferred for further investigation;

9.2. regarding a person against whom proceedings are in progress in order to impose a compulsory measure of a medical nature, in addition to the information referred to in Paragraph 8 of this Regulation the date when the decision was taken to refer the criminal case to a court in order to impose a compulsory measure of a medical nature, the name of the unit of the public prosecutor's office which took the relevant decision, and the name of the court to which the criminal case has been transferred shall be included in the Register;

9.3. regarding a convicted person, in addition to the information referred to in Sub-paragraphs 8.1, 8.2, 8.3, and 9.1 of this Regulation:

9.3.1. 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 which has drawn up the public prosecutor's penal order;

9.3.2. the criminal offence provided for in The Criminal Law for the commitment of which a public prosecutor's penal order has been applied to the person;

9.3.3. the type and extent of the punishment applied (imposed);

9.3.4. the date when the public prosecutor's penal order entered into effect;

9.3.5. the given name and surname of the public prosecutor who drew up the public prosecutor's penal order;

9.3.6. the information related to the deprived rights or imposed prohibitions as part of the additional punishment - restriction of rights:

9.3.6.1. the rights that may not be exercised;

9.3.6.2. the position that may not be held;

9.3.6.3. the professional or other type of activity that may not be practised;

9.3.6.4. the address of the place that may not be visited;

9.3.6.5. the events that may not be attended;

9.3.7. the name of the institution which has been imposed an obligation to execute the public prosecutor's penal order;

9.3.8. the expiry date of the limitation period for execution of a public prosecutor's penal order;

9.3.9. the date when the imposed punishment was served fully;

9.4. regarding a legal person to whom the public prosecutor's penal order regarding a coercive measure has been applied:

9.4.1. the name;

9.4.2. the registration number;

9.4.3. the legal address;

9.4.4. the Section, Paragraph, and Clause of the Criminal Procedure Law and of The Criminal Law serving as the grounds for termination of the criminal proceedings regarding application of a coercive measure, the name of the unit of the public prosecutor's office which took the decision to terminate the criminal proceedings, and the date when the decision to terminate the criminal proceedings has been taken;

9.4.5. the name of the court to which the criminal case has been transferred, the date when the criminal case was transferred, the name of the unit of the public prosecutor's office which has transferred the criminal case to the court, the Section, Paragraph, and Clause of the Criminal Procedure Law serving as the grounds for taking the decision to terminate pre-trial criminal proceedings;

9.4.6. the date when the public prosecutor's penal order was drawn up regarding a coercive measure that has taken effect, and the name of the unit of the public prosecutor's office which drew up the public prosecutor's penal order regarding a coercive measure;

9.4.7. the criminal offence provided for in The Criminal Law for the commitment of which a public prosecutor's penal order regarding a coercive measure has been applied to the legal person;

9.4.8. the type and extent of the applied coercive measure;

9.4.9. the given name and surname of the public prosecutor who drew up the public prosecutor's penal order regarding a coercive measure;

9.4.10. the date when the public prosecutor's penal order regarding a coercive measure entered into effect;

9.4.11. the expiry date of the limitation period for execution of a public prosecutor's penal order regarding a coercive measure;

9.4.12. the date of changes to the data of a legal person and the new data.

10. A court shall include the following information in the Register:

10.1. regarding an accused person, in addition to the information referred to in Sub-paragraphs 8.1, 8.2, 8.3, and 9.1 of this Regulation:

10.1.1. the name of the court which sent the criminal case for elimination of deficiencies, the name of the institution to which the criminal case has been sent for elimination of deficiencies, and the date when the criminal case was sent;

10.1.2. the date when the decision was taken to send the criminal case submitted according to agreement proceedings for elimination of deficiencies, the name of the court which took the relevant decision, the name of the institution to which the criminal case has been sent for elimination of deficiencies;

10.1.3. the date of suspension or renewal of a trial in criminal proceedings, the name of the court which took the decision to suspend or renew the trial in criminal proceedings;

10.1.4. the date when a ruling was made to release from punishment or criminal liability, the name of the court which made the relevant ruling, the Section, Paragraph, and Clause of the Criminal Procedure Law and of The Criminal Law serving as the grounds for making this ruling;

10.1.5. the date when a ruling was made to acquit the person, the name of the court which made the relevant ruling, the Section, Paragraph, and Clause of the Criminal Procedure Law and of The Criminal Law serving as the grounds for acquitting the person;

10.2. regarding a convicted person, in addition to the information referred to in Sub-paragraphs 8.1, 8.2, 8.3, 9.1, and 10.1 of this Regulation:

10.2.1. the date when a court ruling was proclaimed which has entered into effect, and the name of the court which proclaimed the relevant court ruling in the criminal case;

10.2.2. the Section, Paragraph, and Clause of The Criminal Law serving as the grounds for convicting the person;

10.2.3. the type and extent of the punishment applied (imposed);

10.2.4. the information related to the imposed punishment - confiscation of property:

10.2.4.1. the type of each property item subject to confiscation;

10.2.4.2. the value of each property item subject to confiscation;

10.2.5. the amount of the compensation for damage;

10.2.6. the date when the court ruling entered into effect;

10.2.7. the given name and surname of the judge who proclaimed the court ruling which has entered into effect;

10.2.8. the date when a compulsory measure of a medical or correctional nature was applied, the name of the court which applied the compulsory measure, and the type of the applied compulsory measure of a medical or correctional nature;

10.2.9. the form of guilt of the person who has committed a criminal offence;

10.2.10. the date when the decision was taken to revoke the court ruling fully or in a part thereof, the name of the court which took the relevant decision, the date when this decision entered into effect, the name of the institution to which the criminal case has been sent;

10.2.11. the obligations imposed by the court and the probationary period in the case of a suspended sentence;

10.2.12. the obligations imposed by the court in case of conditional release;

10.2.13. the information related to the fulfilment of the obligations imposed by the court in case of a suspended sentence or conditional release:

10.2.13.1. the address of the place that may not be visited if an obligation has been imposed not to visit specific places in case of a suspended sentence or conditional release;

10.2.13.2. the time of the day when the person must be at his or her place of residence if an obligation has been imposed to be at his or her place of residence during specific time of the day in case of a suspended sentence or conditional release;

10.2.14. the date when the obligations imposed by the court were cancelled fully or partly, and the name of the court which has fully or partly cancelled the obligations imposed by the court;

10.2.15. the date when the decision on conditional release was taken, the name of the court which took the relevant decision, and term of the unserved punishment;

10.2.16. the date when the decision to execute the part of the unserved punishment was taken, and extent of the part of the unserved punishment;

10.2.17. the date when the decision to extend the specified period of probation was taken in case of a suspended sentence, and the term for which the period of probation has been extended;

10.2.18. the information related to the deprived rights or imposed prohibitions as part of the additional punishment - restriction of rights:

10.2.18.1. the rights that may not be exercised;

10.2.18.2. the position that may not be held;

10.2.18.3. the professional or other type of activity that may not be practised;

10.2.18.4. the address of the place that may not be visited;

10.2.18.5. the events that may not be attended;

10.2.19. the name of the institution which has been imposed an obligation to execute the court ruling;

10.2.20. the date when the serving (execution) of the punishment started, and the date when the imposed (specified) punishment and additional punishment were served (executed) fully;

10.2.21. the date when a compulsory measure of a medical nature was revoked or modified;

10.2.22. the date when the decision was taken to release from serving the punishment, the name of the court which took the relevant decision, and the Section, Paragraph, and Clause of the Criminal Procedure Law serving as the grounds for taking this decision;

10.2.23. the date when the decision to set aside or expunge a conviction early was taken, and the name of the court which took the relevant decision;

10.2.24. the replacement, reduction (alleviation), or imposition of the imposed (specified) punishment after several judgements, as well as the replacement or cancellation of the additional punishment (the name of the court which took the relevant decision, the date, and the new punishment);

10.2.25. the expiry date of the limitation period for execution of a judgement of conviction;

10.3. regarding a person to whom a compulsory measure of a medical nature has been applied, in addition to the information referred to in Paragraph 8 and Sub-paragraphs 9.1, 9.2, and 10.1 of this Regulation:

10.3.1. the date when the decision to apply a compulsory measure of a medical nature was taken, the name of the court which took the relevant decision;

10.3.2. the type of the compulsory measure of a medical nature;

10.3.3. the date when the decision to modify or revoke a compulsory measure of a medical nature was taken, the name of the court which took the relevant decision (the new compulsory measure of a medical nature);

10.4. regarding a legal person to whom a coercive measure has been applied:

10.4.1. the name;

10.4.2. the registration number;

10.4.3. the legal address;

10.4.4. the Section, Paragraph and Clause of the Criminal Procedure Law and of The Criminal Law serving as the grounds for termination of the criminal proceedings regarding application of a coercive measure, the name of the court which took the decision to terminate the criminal proceedings, and the date when the decision to terminate the criminal proceedings has been taken;

10.4.5. the date when a court ruling was proclaimed which has entered into effect, and the name of the court which proclaimed the relevant court ruling;

10.4.6. the Section, Paragraph, and Clause of The Criminal Law serving as the grounds for applying a coercive measure to a legal person;

10.4.7. the type and extent of the applied coercive measure;

10.4.8. the given name and surname of the judge who proclaimed the court ruling regarding a coercive measure which has entered into effect;

10.4.9. the date when the court ruling regarding a coercive measure entered into effect;

10.4.10. the date when the applied coercive measure was executed;

10.4.11. the date of changes to the data of a legal person and the new data;

10.5. regarding a minor to whom a compulsory measure of a correctional nature has been applied;

10.5.1. the given name(s), surname of the person, as well as the previous given name, surname, if the previous given name or surname is known;

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

10.5.3. the place of birth;

10.5.4. the sex;

10.5.5. the nationality and type thereof;

10.5.6. the place of residence (the indicated or declared one);

10.5.7. the date when the decision to apply a compulsory measure of a correctional nature entered into effect, the name of the court which took the relevant decision;

10.5.8. the applied compulsory measure of a correctional nature;

10.5.9. the obligation imposed in addition to the applied compulsory measure of a correctional nature;

10.5.10. the obligation or prohibition imposed with the applied compulsory measure of a correctional nature - restrictions on behaviour;

10.5.11. the information related to the application of the obligation or prohibition imposed with the applied compulsory measure of a correctional nature - restrictions on behaviour:

10.5.11.1. the public place that may not be visited;

10.5.11.2. the given name, surname, and personal identity number (if no personal identity number has been assigned, the date of birth shall be included) of the person with whom it is prohibited to meet;

10.5.11.3. the time of the day when the person must be at his or her place of residence;

10.5.12. the information related to the application of the compulsory measure of a correctional nature - placement in a social correctional educational institution for children:

10.5.12.1. the name of the social correctional educational institution;

10.5.12.2. the time period for which a child or a minor has been placed in the social correctional educational institution;

10.5.13. the name of the institution to which the decision to apply a compulsory measure of a correctional nature has been transferred for execution;

10.5.14. the date when the decision was taken to replace the applied compulsory measure of a correctional nature with a more stringent compulsory measure, the name of the court which took the relevant decision;

10.5.15. the date when the decision was taken to extend or contract the duration of the application of a compulsory measure of a correctional nature, the name of the court which took the relevant decision;

10.5.16. the date when the decision was taken to replace the compulsory measure of a correctional nature - placement in a social correctional educational institution for children - with a punishment, the name of the court which took the relevant decision;

10.5.17. the date when the decision was taken to execute the punishment from which a minor was released.

11. An institution or an official that draws up an administrative violation report shall include the following information in the Register regarding a violation committed by a natural or legal person or a partnership:

11.1. in respect of natural persons:

11.1.1. the given name (names), surname of the person;

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

11.1.3. the sex;

11.1.4. the nationality and type thereof;

11.1.5. the place of residence (the indicated or declared one);

11.2. in respect of a legal person and partnership - the name, registration number, and legal address;

11.3. the name, Section, Paragraph, and Clause of a law or regulation which provides for a violation for the commitment of which a person has been held administratively liable;

11.4 the date, time, and place of the commitment (discontinuing) of an administrative violation;

11.5. the name of the institution (given name and surname of the official) that has drawn up an administrative violation report (written out a receipt), the date when the report was drawn up (the receipt was written out), and the number of the report (the number of the receipt);

11.6. the registration number of the vehicle which has been involved in a road traffic offence;

11.7. the information regarding the testing of a person performed for the purpose of determining the alcohol concentration, influence of narcotic or other intoxicating substances:

11.7.1. the type of the testing;

11.7.2. the number of the test report;

11.7.3. the date of drawing up the test report;

11.7.4. the name of the institution which has performed the testing;

11.7.5. the person's state (the testing result or opinion after a medical examination);

11.7.6. the permil quantity in the exhaled breath and biological environments;

11.7.7. the amount of expenses of the performed testing;

11.7.8. the number of the account to which the person transfers the expenses for the testing it was subject to for the purpose of determining the alcohol concentration, influence of narcotic or other intoxicating substances;

11.7.9. the date when the decision on the expenses related to the testing performed for the purpose of determining the alcohol concentration, influence of narcotic or other intoxicating substances was transferred for forced execution;

11.7.10. the name of the executive body to which the decision on the expenses related to the testing performed for the purpose of determining the alcohol concentration, influence of narcotic or other intoxicating substances was transferred for forced execution;

11.8. the date when the case was sent for examination, and the name of the institution to which the case has been sent for examination.

12. An institution or an official that is entitled to examine administrative violation cases shall include the following information in the Register:

12.1. regarding a person who has committed an administrative violation, in addition to the information referred to in Paragraph 11 of this Regulation:

12.1.1. the name of the institution (given name and surname of the official) that took the decision in the administrative violation case, the number of the relevant decision, and the date when it was taken, the administrative punishment imposed by the decision, the number of the State budget or local government budget account to which the imposed fine is to be transferred;

12.1.2. the date when the decision was taken to terminate administrative proceedings, the name of the institution (given name and surname of the official) that took the relevant decision;

12.1.3. the date when execution of the decision to impose an administrative punishment was suspended;

12.1.4. the date when execution of the decision to impose an administrative punishment was renewed;

12.1.5. the date when the decision (ruling) in the administrative violation case entered into effect;

12.1.6. the date when the person was notified in writing regarding the transfer of the case to the bailiff;

12.1.7. the date when the decision to impose a fine was submitted for forced execution;

12.1.8. the name of the executive body to which the decision to impose a fine was transferred for forced execution;

12.1.9. the expiry date of the limitation period for execution of the administrative punishment;

12.1.10. information regarding the imposed guarantee money:

12.1.10.1. the amount of the guarantee money;

12.1.10.2. the paid-in amount of the guarantee money;

12.1.10.3. the number of the account to which the person transfers the guarantee money;

12.1.10.4. the date when the guarantee money was paid in (the date when the institution has recognised the payment as received in accordance with the procedures laid down in laws and regulations);

12.1.10.5. the detained vehicle registration documents and the driving licence;

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

12.2. regarding a minor to whom a compulsory measure of a correctional nature has been applied, in addition to the information referred to in Paragraph 11 of this Regulation;

12.2.1. the date when a decision to apply a compulsory measure of a correctional nature entered into effect, the name of the administrative commission of the local government which took the relevant decision;

12.2.2. the applied compulsory measure of a correctional nature;

12.2.3. the obligation imposed in addition to the applied compulsory measure of a correctional nature;

12.2.4. the obligation or prohibition imposed with the applied compulsory measure of a correctional nature - restrictions on behaviour;

12.2.5. the information related to the application of the compulsory measure of a correctional nature - placement in a social correctional educational institution for children:

12.2.5.1. the name of the social correctional educational institution;

12.2.5.2. the time period for which a child or a minor has been placed in the social correctional educational institution;

12.2.6. the name of the institution to which the decision to apply a compulsory measure of correctional nature has been transferred for execution;

12.2.7. the date when the decision was taken to replace the applied compulsory measure of a correctional nature with a more stringent compulsory measure, the name of the administrative commission which took the relevant decision;

12.2.8. the date when the decision was taken to extend or contract the duration of the application of a compulsory measure of a correctional nature, the name of the administrative commission which took the relevant decision.

13. The Prisons Administration shall include the following information in the Register regarding a suspect and an accused person in addition to the information referred to in Sub-paragraphs 8.2, 8.3, 9.1, and 10.1 of this Regulation:

13.1. the date when a security measure - detention- was applied to the person, the name of the court which took the relevant decision;

13.2. the date when the security measure involving deprivation of liberty - detention - applied to the person was revoked or modified, the name of the court which took the relevant decision;

13.3. 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 to which the person has been relocated;

13.4. the name of the institution which took the decision to release the person from the place of imprisonment;

13.5. the date when the person was released from the place of imprisonment, the name of the place of imprisonment which has released the person, and the Section, Paragraph and Clause of the law or regulation serving as the grounds for releasing the person from the place of imprisonment;

13.6. the date when the person escaped from the place of imprisonment, and the name of the place of imprisonment from which the person escaped;

13.7. the date of finding the person in respect of whom the decision was taken to search for the person.

14. An institution which executes the punishment shall include the following information in the Register:

14.1. regarding a convicted person in addition to the information referred to in Sub-paragraphs 8.1, 8.2, 8.3, 9.1, 9.3, 10.1, 10.2 and Paragraph 13 of this Regulation:

14.1.1. the obligations imposed when serving the additional punishment - probationary supervision;

14.1.2. the information related to the obligations imposed when serving the additional punishment - probationary supervision:

14.1.2.1. the time of the day when the person may not leave his or her place of residence if the prohibition has been imposed to leave the place of residence during specific time of the day;

14.1.2.2. the public areas (type or address) where the person may not stay if the prohibition has been imposed to stay in specific public areas;

14.1.2.3. the given name, surname, and personal identity number (if no personal identity number has been assigned, the date of birth shall be included) of the person who may not be contacted if the prohibition has been imposed to contact specific persons;

14.1.2.4. the administrative territory which may not be left if the prohibition has been imposed to leave a specific administrative territory without the permission of the State Probation Service;

14.1.2.5. the item which may not be purchased, carried, or kept if the prohibition has been imposed to purchase, carry, or keep specific items;

14.1.2.6. the objects, places, or establishments (type and address) which may not be approached if the prohibition has been imposed to approach specific objects, places, or establishments;

14.1.3. the date when execution of the additional punishment - probationary supervision - started, and the date when the additional punishment - probationary supervision - was executed;

14.1.4. 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 to which the person has been relocated;

14.1.5. the name of the institution which took the decision to release the person from the place of imprisonment;

14.1.6. the date when the person was released from the place of imprisonment, the name of the place of imprisonment which has released the person, and the Section, Paragraph, and Clause of the law or regulation serving as the grounds for releasing the person from the place of imprisonment;

14.1.7. the date when the person escaped from the place of imprisonment, and the name of the place of imprisonment from which the person escaped;

14.1.8. the date of finding the person in respect of whom the decision was taken to search for the person;

14.1.9. the address of the place of residence of the person after release from the place of imprisonment;

14.1.10. the date when the decision was taken to apply amnesty;

14.1.11. the alleviation of the imposed (specified) punishment, and the type and level of the new punishment;

14.2. the date when an administrative punishment was served (executed) shall be included regarding a person who has committed an administrative violation, in addition to the information referred to in Paragraph 11 and Sub-paragraph 12.1 of this Regulation.

15. An institution which executes the applied compulsory measure shall include the following information in the Register:

15.1. regarding a legal person to which a compulsory measure has been applied the date when the applied compulsory measure was executed, in addition to the information referred to in Sub-paragraphs 9.4 and 10.5 of this Regulation;

15.2. regarding a convicted person the date when a compulsory measure of a correctional nature was executed, in addition to the information referred to in Sub-paragraphs 8.1, 8.2, 8.3, 9.1, 10.1, and 10.2 of this Regulation;

15.3. regarding a minor to whom a compulsory measure of a correctional nature has been applied the date when the compulsory measure of a correctional nature was executed, in addition to the information referred to in Sub-paragraph 10.5 and Paragraph 12 of this Regulation.

16. An institution which performs forced execution of recovery of the testing expenses incurred for the purpose of determining the alcohol concentration, influence of narcotic or other intoxicating substances in administrative violation cases shall include the following information in the Register:

16.1. regarding the execution (execution is not possible, it has been performed, it has been performed partly);

16.2. the date when the payment was made.

17. The Treasury shall provide data of an extract from accounts and data of an account statement for a non-closed day in respect of the accounts in which the fines, payments for the testing performed for the purpose of determining the alcohol concentration, influence of narcotic or other intoxicating substances, and guarantee money received in the State budget are recorded, using the online data exchange module of the budget electronic settlement system eKase in accordance with the laws and regulations determining the procedures by which the Treasury shall ensure electronic exchange of information.

18. The Competition Council shall include a note in the Register regarding a person who has violated competition law specifying whether, according to the established violation, the candidate or the applicant should be excluded from participation in the procurement procedure in accordance with the requirements of the Public Procurement Law.

19. The Office of Citizenship and Migration Affairs shall include the following information in the Register regarding a natural person included in the Register:

19.1. the change of data, indicating:

19.1.1. the date of changing the personal identity number, given name(s) or surname;

19.1.2. the personal identity number, given name(s), and surname after the change;

19.2. the death, indicating the date when the person died or when the court declared the person dead;

19.3. the place of birth;

19.4. the address of the declared or registered place of residence;

19.5. the father's given name.

20. The Chancery of the President shall include the following information in the Register:

20.1. the date when the decision was taken to apply clemency;

20.2. the alleviation of the imposed (specified) punishment, and the type and level of the new punishment.

21. Other State and local government institutions and registers, sworn bailiffs who have information necessary for the maintenance of the Register at their disposal shall include the following information in the Register:

21.1. the date when the imposed punishment and additional punishment were executed (served) fully;

21.2. the personal data if, when identifying a person according to biometric data, it is established that the person included in the Register has impersonated another person;

21.2.1. the given name(s) and surname which the person has provided;

21.2.2. the real name(s) and surname of the person;

21.2.3. the personal identity number (if no personal identity number has been assigned, the date of birth shall be included) which the person has provided;

21.2.4. the real personal identity number (if none, the date of birth);

21.2.5. other information necessary for the Register.

III. Provision of the Information Included in the Register

22. The Centre shall provide the following information included in the Register to the central authority of a European Union Member State:

22.1. regarding conviction of a person in the Republic of Latvia - immediately if a national of the relevant Member State has been punished in the Republic of Latvia;

22.2. regarding modification of the information provided previously, setting aside or expungement of conviction - immediately if a national of the relevant Member State has been punished in the Republic of Latvia;

22.3. regarding conviction of a person in the Republic of Latvia, other European Union Member States, and third countries - within 10 working days after receipt of a request from the central authority of the relevant European Union Member State if the information is requested for public institutions for the purposes of criminal proceedings or by another institution for administrative purposes;

22.4. regarding conviction of a person in the Republic of Latvia, other European Union Member States, and third countries - within 20 working days after receipt of a request from the central authority of the relevant European Union Member State if the information is requested by a natural person regarding himself or herself;

22.5. within 10 working days after receipt of the necessary additional information from the central authority of the relevant European Union Member State if the information included in the request which has been submitted in the case referred to in Sub-paragraphs 22.3 and 22.4 of this Regulation was insufficient to identify a person, or the information included in the Register was updated.

23. The following shall be indicated in requests for provision of information:

23.1. the name of the State or local government institution or the name of the central authority of the European Union Member State, the position of the official, the given name and surname of the person requesting information, or the name of the legal person, the given name and surname of the authorised person;

23.2. the registration number of the legal person;

23.3. the place of residence of the person requesting information or the address of the legal person;

23.4. the data of the person who wishes to receive information:

23.4.1. regarding a natural person:

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

23.4.1.2. the given name;

23.4.1.3. the surname;

23.4.1.4. the place of birth;

23.4.1.5. the place of residence;

23.4.1.6. the nationality if it is known;

23.4.1.7. the European Union Member State in which the information regarding conviction of a person is to be verified if the information is requested in accordance with legal acts the European Union;

23.4.2. regarding a legal person;

23.4.2.1. the name;

23.4.2.2. the registration number;

23.4.2.3. the legal address;

23.5. the justification for the need for information;

23.6. the extent of the necessary information;

23.7. the purpose for the use of information.

24. A natural person may receive a statement from the Register regarding himself or herself by submitting a written request. The following shall be indicated in the request:

24.1. the given name(s) and surname, confirming it with a personal identification document;

24.2. the personal identity number (if none, the date of birth), confirming it with a personal identification document;

24.3 if the person has changed his or her personal identity number, given name(s), or surname, the previous personal identity number, given name(s), surname shall be indicated as well;

24.4. the place of residence of the person;

24.5. the extent of the necessary information (information from the current database and archives database of the Register);

24.6. the purpose for which information is necessary (if inclusion of the relevant information in the statement is necessary for the applicant);

24.7. the country and the institution to which information will be provided (if inclusion of the relevant information in the statement is necessary for the applicant);

24.8. the type of receipt of the statement.

25. A natural person may receive information from the Centre regarding his or her conviction in European Union Member States by submitting a written request. The following shall be indicated in the request:

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

25.2. the given name(s);

25.3. the surname;

25.4. the place of residence;

25.5. the nationality;

25.6. the European Union Member State from which the person wishes to receive information regarding his or her conviction.

26. A legal person may receive a statement from the Register by submitting a written request. The following shall be indicated in the request:

26.1. the name of the legal person;

26.2 the registration number of the legal person;

26.3. the legal address of the legal person;

26.4. the extent of the necessary information (information from the current database and archives database of the Register);

26.5. the purpose for which information is necessary (if inclusion of the relevant information in the statement is necessary for the applicant);

26.6. the country and the institution to which information will be provided (if inclusion of the relevant information in the statement is necessary for the applicant);

26.7 the type of receipt of the statement (in person, as a registered postal item, in a diplomatic representation of the Republic of Latvia abroad).

27. The representative of a legal person has the right to receive a statement from the Register regarding the legal person by presenting an authorisation:

27.1. in person upon arrival at the Centre;

27.2. in the form of a registered postal item if the recipient of the statement is in Latvia;

27.3. in a diplomatic representation of the Republic of Latvia abroad.

28. A natural person has the right to receive a statement from the Register by presenting a personal identification document:

28.1. in person upon arrival at the Centre;

28.2. through a person authorised by the recipient of the statement if this person presents a notarially certified power of attorney;

28.3. in the form of a registered postal item if the recipient of the statement is in Latvia;

28.4. in a diplomatic representation of the Republic of Latvia abroad.

29. Upon using the electronic services available in the single State and local government services portal at www.latvija.lv, a natural person may, upon authentication and certifying his or her identity with the authentication means available in the portal, electronically receive free of charge information regarding himself or herself and his or her minor children in respect of administrative violations and testing expenses incurred for the purpose of determining the alcohol concentration, influence of narcotic or other intoxicating substances, as well as payment thereof.

30. If a person is a minor or trusteeship is established for a person, parents, guardians, or trustees of the relevant person shall submit a request and receive information from the Register in accordance with the procedures laid down in this Regulation.

31. Information which is intended to be used for scientific or statistical studies may be received from the Register by a person who carries out the relevant study by submitting a written request. The following shall be indicated in the request:

31.1. the person who carries out the scientific study:

31.1.1. the given name;

31.1.2. the surname;

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

31.2. the topic of the scientific study;

31.3. the nature and extent of the information to be provided;

31.4. the purpose of the scientific study or the justification for the request for information.

32. State and local government institutions shall receive statistical information from the Register free of charge.

33. Extent of the information to be provided from the Register to persons and institutions that have the right to receive such information from the Register in accordance with the Punishment Register Law shall be laid down in the laws and regulations governing the activity and competence of such persons and the extent of the rights of the person requesting information.

34. Persons and institutions who are entitled to receive information from the Register in accordance with the Punishment Register Law shall receive information from the Punishment Register free of charge.

35. Copies of the issued statements shall be kept in the Register for five years from the day of issue of the statement.

36. If any inaccuracy is established in information provided by the Register, the recipient of information shall inform the Centre in writing by submitting a document which confirms the grounds for correcting information.

IV. Requirements for Drawing up the Statement

37. The Centre shall prepare a statement on a specific sample form which has been:

37.1. drawn up on a cream-coloured (colour code - PMS 607) form in A4 format with a tactile background;

37.2. protected with watermarks (seven vertical lines and the word "conqueroe" in the middle of the lower part of the form).

38. The head of the Centre or his or her authorised official shall sign the statement.

V. Amount of the State Duty for Preparation of the Statement

39. The State duty shall amount to EUR 4.27.

40. If a person wishes to receive a statement the following working day, the amount of the State duty shall be tripled.

41. The following persons shall be released from payment of the State duty upon presenting a document which certifies the relevant status:

41.1. a disabled person;

41.2. a person who is under full care of the State or local government;

41.3. a person who has been recognised as needy in accordance with the procedures laid down in laws and regulations;

41.4. a child until attaining the age of 18 years;

41.5. an orphan or a child without parental care after attaining the age of majority until attaining the age of 24 years.

42. If the Centre has information at its disposal regarding status of the person referred to in Paragraph 41 of this Regulation, it shall not request a document certifying the relevant status.

43. The State duty shall be paid prior to submission of a written request with the intermediation of a provider of payment services that has the right to provide payment services within the meaning of the Law on Payment Services and Electronic Money.

44. The State duty shall be transferred into the State basic budget.

VI. Closing Provisions

45. Memoranda of understanding and bilateral contracts entered into with the Centre for provision or receipt of information from the Register in online data transmission mode or automated data exchange mode prior to the coming into force of this Regulation shall be valid.

46. If the memorandum of understanding or bilateral contract referred to in Paragraph 3 of this Regulation has not been entered into with the Centre, the responsible institution shall, within the time period specified in Paragraph 6 of this Regulation, send to it the necessary information until entering into of the relevant memorandum of understanding or bilateral contract. A notification shall contain data regarding one natural or legal person and information regarding one criminal offence or administrative violation.

Prime Minister Laimdota Straujuma

Minister for the Interior Rihards Kozlovskis

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Translation © 2019 Valsts valodas centrs (State Language Centre)