Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
1 September 1992 [shall
come into force on 1 September 1992];
8 June 1994 [shall come into force on 6 July 1994];
27 October 1994 [shall come into force on 1 January
1995];
24 November 1994 [shall come into force on 24 December
1994];
2 November 1995 [shall come into force on 28 November
1995];
23 May 1996 [shall come into force on 1 June 1996];
5 December 1996 [shall come into force on 7 January
1997];
20 March 1997 [shall come into force on 10 April
1997];
23 October 1997 [shall come into force on 19 November
1997];
13 May 1999 [shall come into force on 1 July 1999];
4 November 1999 [shall come into force on 1 January
2000];
15 June 2000 [shall come into force on 19 July
2000];
4 October 2001 [shall come into force on 26 October
2001];
6 December 2001 [shall come into force on 3 January
2002];
24 January 2002 [shall come into force on 20 February
2002];
20 June 2002 [shall come into force on 24 July
2002];
24 October 2002 [shall come into force on 20 November
2002];
19 December 2002 [shall come into force on 1 January
2003];
20 March 2003 [shall come into force on 17 April
2003];
29 May 2003 [shall come into force on 27 June
2003];
27 May 2004 [shall come into force on 30 June
2004];
16 December 2004 [shall come into force on 1 January
2005];
14 April 2005 [shall come into force on 10 May
2005];
13 October 2005 [shall come into force on 27 October
2005];
15 June 2006 [shall come into force on 1 October
2006];
14 September 2006 [shall come into force on 1 May
2007];
12 June 2008 [shall come into force on 11 July
2008];
4 December 2008 [shall come into force on 1 July
2009];
16 September 2010 [shall come into force on 1 November
2010];
28 October 2010 [shall come into force on 1 December
2010];
21 July 2011 [shall come into force on 17 August
2011];
24 January 2013 [shall come into force on 21 February
2013];
6 March 2014 [shall come into force on 31 March
2014];
12 June 2014 [shall come into force on 11 July
2014];
16 October 2014 [shall come into force on 12 November
2014];
28 April 2016 [shall come into force on 26 May
2016];
4 October 2018 [shall come into force on 1 January
2019];
11 October 2018 [shall come into force on 7 November
2018;
14 March 2019 [shall come into force on 10 April
2019];
20 January 2022 [shall come into force on 17 February
2022];
20 January 2022 [shall come into force on 17 February
2022];
14 December 2023 [shall come into force on 1 January
2024].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Supreme Council of the Republic
of Latvia has adopted a law:
On Police
This Law prescribes the concept of the police, its tasks,
operational principles and place in the system of State
administration and local government institutions, the duties,
rights, structure and competence of the police, and the legal
protection and work-related safeguards for police officers, their
liability, procedures for the financing and provision of material
and technical facilities, as well as the supervision and control
of police operations. The provisions of this Law shall not apply
to operations of the Tax and Customs Police of the State Revenue
Service.
[5 December 1996; 19 December 2002; 15 June 2006; 16
October 2014; 11 October 2018]
Chapter I
General Provisions
Section 1. The Police
The police are an armed, militarised State or local government
authority the duty of which is to protect the life, health,
rights and freedoms, and property of persons, interests of the
society and the State from criminal and other illegal
threats.
[8 June 1994]
Section 2. Police Officers
A police officer is a person who holds a position in the State
Police and who is granted a special service rank.
[15 June 2006; 4 October 2018]
Section 2.1 Municipal
Police Officer
A municipal police officer is a person who holds a position in
the police force established by a local government or jointly by
several local governments and performs the duties specified in
this Law in the administrative territory of the relevant local
government and in the administrative territory of another local
government which has delegated performance of the tasks specified
in this Law, or in territories of those local governments which
have established a joint municipal police.
Legal employment relations of a municipal police officer shall
be governed by the Labour Law, insofar as this Law does not
prescribe otherwise.
[15 June 2006; 16 September 2010; 24 January 2013; 11
October 2018]
Section 2.2 Port Police
Officer
A port police officer is a person who holds a position in the
police force established by a port authority and performs the
duties specified in this Law in the territory of the relevant
port.
Legal employment relations of a port police officer shall be
regulated by the Labour Law, insofar as this Law does not
prescribe otherwise.
[28 October 2010]
Section 3. Tasks of the Police
The police have the following tasks:
- to guarantee the safety of persons and the society;
- to prevent criminal offences and other violations of
law;
- to detect criminal offences and search for persons who have
committed criminal offences;
- in accordance with the procedures specified in law, to
provide assistance to institutions, private individuals and
associations of persons in the protection of their rights and
performance of the tasks specified by law;
- within the scope of its competence, to carry out
administrative and criminal punishments.
The police may not be involved in the performance of such
tasks which are not specified in the laws of the Republic of
Latvia.
No one has the right to interfere in the actions of the police
while it performs its duties, except for the institutions and
officials expressly so authorised by law.
[15 June 2000; 13 October 2005]
Section 4. Legal Basis for Police
Operations
Legal basis for police operations is the Constitution of the
Republic of Latvia, international agreements, this Law, other
laws and legal acts of the Republic of Latvia, and also decisions
of local governments, if they are not in contradiction with the
laws of the Republic of Latvia.
[5 December 1996]
Section 5. Principles for the
Organisation of Work and Operations of the Police
Operations of the police shall be organised by respecting
lawfulness, humanism, human rights, social justice, transparency
and undivided authority, and also by relying on the assistance of
the public.
The police shall protect the rights and lawful interests of
persons irrespective of their origin, sex, age, social and
financial status, occupation, citizenship, race and nationality,
attitude towards religion, political and other views as well as
education and language, place of residence, and other
circumstances.
For the purpose of non-discriminatory protection of the rights
and freedoms of persons and State interests, police officers
shall not participate in the activities of parties and other
socio-political organisations and movements, and shall suspend
their membership in such for the duration of service in the
police.
The police shall, by its operations, ensure the respect for
the rights and freedoms of persons. Restriction of such rights
and freedoms shall be permitted only on the basis of law and in
accordance with procedures specified in law. Each time when the
police have to restrict the rights and freedoms of persons, a
police officer shall offer an explanation thereto justifying each
specific restriction. In such cases, the police officer, upon a
request of the persons, must state his or her surname, position,
and service location, and must show his or her service
identification document.
The police shall provide the detained and arrested persons
with the possibility to exercise the right to legal aid and, if
these persons so wish, shall without delay notify their families
and the administration of their place of work or educational
institution of their location. The police shall ensure protection
of the health of the detained and arrested persons and shall take
emergency measures for the provision of medical assistance and
protection of the property of such persons.
[20 January 2022]
Section 6. Transparency in Police
Operations
The police shall, in the interests of the service, inform the
State and local government institutions, and also the public of
their operations.
The police are prohibited from disclosing information that is
an official secret or another secret specifically protected by
law and which contains a trade secret or patent secret. Data from
a pre-trial investigation may not be disclosed without the
permission of the prosecutor or the investigatorʼs direct
superior officer, and also materials that are contrary to the
presumption of innocence.
The police are prohibited from disclosing information which
infringes on the privacy of persons or violates the honour and
dignity of natural or legal persons, if such activity does not
take place in the interests of securing lawful order or
conducting an investigation.
The police must retract information which it has disseminated
regarding institutions, private individuals and associations of
persons if it is not true. The retraction must be disseminated
within one month in the same manner as the false information was
disseminated.
[15 June 2000; 13 October 2005]
Section 7. Co-operation of the
Police
The police shall co-operate with institutions, private
individuals and associations of persons.
[13 October 2005]
Section 8. International
Co-operation of the Police
The police shall co-operate with the police (militia) of other
countries, international organisations, unions or communities,
and shall also participate in international missions and
operations in accordance with international agreements which are
binding on the Republic of Latvia.
The decision on the participation of police officers in
international missions and operations shall be taken by the
Cabinet.
The Cabinet shall determine the procedures by which police
officers shall be assigned and sent to participate in
international missions and operations, and also the procedures
for their financing.
[20 March 2003]
Section 8.1 Police
Liaison Officers
[15 June 2006]
Section 8.2 Assistants to
Police Officers
Permanent residents of the Republic of Latvia between 20 and
65 years of age who, considering their personal characteristics,
are capable of voluntarily assisting police officers, may become
assistants to police officers.
The Cabinet shall determine the procedures for the
organisation of the work and performance of the duties of the
assistants to police officers, their rights and duties.
[15 June 2006]
Chapter
II
Duties of Police Officers
Section 9. General Duties of Police
Officers
The duty of any police officer throughout the entire territory
of the Republic of Latvia, regardless of the position held
thereby, location or time, shall be, in cases when persons
address the officer with an application or a report on an
incident which endangers the security of persons or society, or
if the officer himself or herself establishes such an incident,
to take all measures possible to prevent a violation of the law,
rescue people and provide them assistance in the identification
and detention of the persons who committed the violation of the
law, identify eye-witnesses, guard the location of the event, and
also notify the nearest police institution thereof.
[15 June 2000]
Section 10. Basic Duties of Police
Officers
In accordance with the tasks of the police, the basic duties
of a police officer, in conformity with the competence of the
service, are:
1) to ensure order on roads and streets, in public squares,
parks, means of public transport, airports, ports, stations and
other public places in order to guarantee the safety of persons
and society;
2) to register applications and information regarding criminal
offences and other violations of the law, events that endanger
the safety of persons or society and the persons involved
therein, to react to such information in a timely manner, and
also to transfer the information received regarding incidents
endangering the safety of persons or society (accidents, fires,
catastrophes, natural disasters and others) to the competent
officials and authorities;
3) to provide emergency assistance to persons who have been
injured as a result of violations of the law or accidents, or who
are in a helpless situation, even if they are in a state of
inebriation, have lost the ability to move independently or may
inflict harm on others nearby or themselves, and also to provide
assistance to minors who have been left without the supervision
of their parents or their substitutes;
4) to conduct investigations in accordance with the
requirements of the law, to ensure the participation of forensic
experts in investigative activities in accordance with specified
procedures, to carry out the necessary operative searches and
other measures specified in law in order to detect, stop or
prevent criminal offences, to establish and search for persons
who have committed such offences or who are hiding from
investigation and the court, or are evading the serving of a
criminal punishment or who are missing, and also to determine the
identity of persons and to identify corpses;
5) to enforce court rulings, and the decisions and
instructions of a prosecutor associated with searches and
performance of investigative actions;
6) to prevent and stop administrative offences, to determine
the persons to be held administratively liable, to conduct
administrative offence proceedings according to their
competence;
7) within the scope of his or her powers, to detect the causes
of criminal offences and administrative offences, and the
circumstances contributing thereto, and implement measures for
their prevention; participate in providing the legal education of
persons;
8) to guard, escort and hold under custody the detained and
arrested persons, and to execute criminal and administrative
sentences within the scope of his or her competence, and also to
escort and guard persons sentenced to deprivation of liberty for
the performance of investigative actions in relation to the
examination of the case in a court and between prisons;
9) to implement the physical safety measures for the objects
and critical infrastructure specified by the Cabinet;
10) to implement measures for the safe-keeping of property in
abeyance or found concealed property until the transfer of such
under the custody of the competent State institution or official,
to ensure the safe-keeping of documents, property, securities and
other belongings that have been found and handed over to the
police until the return of such to the owner;
11) to regulate the movement of vehicles and pedestrians,
monitor traffic and means of traffic;
12) to control the compliance with regulations in the field of
the handling of weapons, security guard activities and detective
work;
13) [14 April 2005];
14) [6 December 2001];
15) [15 June 2000];
16) to ensure the safety of witnesses, victims, other persons
and members of their families, and also the guarding of their
property if the life, health or property of such persons is
endangered in connection with assistance provided thereby to
law-enforcement institutions in the detection and prevention of
criminal offences;
17) to carry out decisions of courts (judges) and prosecutors
on conveyance by force of persons who are evading appearance
after receipt of the summons, and carry out court decisions on
arrest;
18) to register and account for road traffic accidents for
which documents are drawn up by State Police officers;
19) to control compliance with the water traffic safety
regulations in internal waters, as well as compliance with
regulations for the registration of recreational vessels;
20) to register and account for water traffic accidents in
internal waters, as well as the persons who are to be regarded as
victims and died in water traffic accidents;
21) to prevent immediate threats if a person, whether inside
or near a dwelling, can harm the life, freedom or health of a
person who is permanently residing in such dwelling until a court
examines the matter of temporary protection against violence;
22) to control the enforcement of the decisions of a court or
judge on temporary protection against violence or rulings of
foreign institutions according to which the certificate referred
to in Article 5 of Regulation (EU) No 606/2013 of the European
Parliament and of the Council of 12 June 2013 on mutual
recognition of protection measures in civil matters (hereinafter
- Regulation No 606/2013 of the European Parliament and of the
Council) has been issued.
The types of road traffic accidents, the range of persons who
are to be considered as victims and died in road traffic
accidents, and also the procedures for the registration and
accounting of road traffic accidents, the procedures and amount
for the receipt and issuing of information to be registered shall
be determined by the Cabinet.
The Cabinet shall determine the procedures for the
registration and accounting of water traffic accidents, the
procedures for the receipt and issuing of information to be
registered and the amount thereof.
The Cabinet shall determine the recording procedures, amount
and storage terms for the submissions and information referred to
in Paragraph one, Clause 2 of this Section, as well as the time
of response when information regarding criminal offences, other
violations of the law and events endangering the safety of
persons or society has been received.
The procedures for escorting detained, arrested and convicted
persons shall be determined by the Cabinet.
[20 March 1997; 23 October 1997; 15 June 2000; 6 December
2001; 20 June 2002; 27 May 2004; 14 April 2005; 13 October 2005;
15 June 2006; 14 September 2006; 12 June 2008; 21 July 2011; 6
March 2014; 12 June 2014; 28 April 2016; 20 January 2022]
Section 11. Supplementary Duties of
Police Officers
Police officers, within the scope of their competence, have
the duty to assist:
1) members of parliament, candidate members of parliament, and
also officials of State institutions if their lawful activities
are being interfered with;
2) health protection and veterinary supervision institutions -
in the implementation of quarantine measures in cases of
epidemics and epizootics;
3) medical treatment institutions, medical practitioners,
epidemiologists of the National Health Service and State health
inspectors - in the conveyance by force for monitoring or
treatment of persons suffering from alcohol, narcotic,
psychotropic or toxic substances addiction or venereal diseases,
persons who are mentally ill and a danger to the society, and
also conveyance and guarding in a medical institution of persons
for which there are sufficient grounds to conclude that they are
infected with the immunodeficiency virus (HIV) or infectious
diseases the list of which is approved by the Cabinet, if they
are evading the appearance at a medical treatment
institution;
4) prisons - in the prevention of violations of the law and
detection of criminal offences in such institutions;
5) fire-fighting and rescue services - in the implementation
of preventive measures, fire-fighting as well as rescue
operations;
6) the National Armed Forces - in the search for lost and
stolen weapons, ammunition, explosives and other substances,
articles and objects dangerous to the society;
7) motor transport and electric transport control services -
in determining the identity of offenders of traffic
regulations;
8) environmental protection and customs authorities, the State
Revenue Service and the Department of Citizenship and Migration
Affairs - in their lawful activities;
9) the State Border Guard - in the control and implementation
of preventive measures for the compliance with the regulations
for the entry, residence, exit and transit of foreigners and
stateless persons;
10) construction inspectors - to access buildings and land
territories if there are reasoned suspicions of arbitrary
construction works that endanger the life, health or property of
other persons.
[20 March 1997; 13 May 1999; 15 June 2000; 6 December 2001;
27 May 2004; 15 June 2006; 4 December 2008; 12 June 2014]
Chapter
III
Rights of Police Officers
Section 12. General Rights of Police
Officers
When performing the duties assigned to them in conformity with
the competence of the service, a police officer has the right
to:
1) request persons to cease violations of the law and other
actions that interfere with the execution of police powers, as
well as use the provided compulsory means of constraint against
the offenders;
2) identify persons, including to check personal
identification documents of persons suspected of having committed
violations of the law, and also other documents necessary in
order to check compliance with such legal norms the control and
monitoring of the enforcement of which has been assigned to the
police;
3) question persons, accept explanations, as well as to summon
to a police institution any person in connection with cases and
materials the examination of which is within the competence of
the police, but, if such persons do not appear after receipt of
the summons without a justifiable reason, convey them by force in
accordance with the procedures specified in law;
4) perform the procedural actions specified in law in order to
ensure administrative offence proceedings;
5) detain military persons who have violated the law and to
hand them over to the National Armed Forces;
6) detain and, until transfer to competent authorities, hold
in custody in specially equipped premises the persons who evade
serving a criminal punishment or an arrest;
61) when enforcing the decision of a court (judge)
or prosecutor on the conveyance by force of a person, transport
such person to a court or prosecutor's office or, if necessary,
to a police institution and keep the person at the police
institution until he or she is transported to the court or
prosecutor's office, but for no longer than four hours;
7) in accordance with procedures specified in law, detain and
hold under guard persons suspected of committing criminal or
administrative offences;
8) detain persons up to 16 years of age who have left their
place of residence or an institution for children without
permission and to hold them in custody in a police institution
until handing over to the parents or their substitutes, or to
institutions for children;
81) until handing over to competent authorities,
detain persons who have violated requirements of the regulations
for the entry, residence, exit and transit of foreigners and
stateless persons;
9) transport persons who have lost the ability to move
independently or orientate due to the use of alcohol, narcotic,
psychotropic or toxic substances or can inflict harm on persons
nearby or themselves to institutions which provide services for
sobering up, medical treatment institutions or dwelling;
10) based on a written application, detain persons who are in
a dwelling under the influence of alcohol, narcotic, psychotropic
or toxic substances and may inflict harm on themselves or persons
nearby, or in the case when people nearby are afraid to stay
alone with such person and there are no other grounds for his or
her detention, and to keep such persons in custody at a police
institution until the cause of the harm has ceased to exist, but
for no longer than 12 hours;
101) if there is an immediate threat that the
person which is at a dwelling or nearby it can inflict harm on
the life, freedom or health of a person who is permanently
residing in this dwelling (hereinafter - the person in need of
protection), take the decision which imposes an obligation on the
adult person who poses a threat to leave the dwelling in which
the person in need of protection resides permanently, not to
return and not to stay inside or near this dwelling (hereinafter
- the police decision on separation) at a distance which is
closer than that specified in the decision for a period of up to
eight days from the moment when the decision was taken. The
police decision on separation may also stipulate a prohibition
for the person who poses a threat to contact the person in need
of protection;
11) transport to a medical treatment institution persons with
unmistakable mental disorders and who, through their actions,
create obvious danger to themselves or to persons nearby;
12) transport to a medical treatment institution persons who
have attempted to commit suicide and, to clarify the
circumstances of the incident;
13) maintain records of persons who have committed criminal or
administrative offences and of the persons declared as wanted,
and maintain records of such items and information as are
necessary to perform the tasks of the police;
131) maintain records of persons who are subject to
a police decision on separation;
132) maintain records of persons who are subject to
measures of temporary protection against violence determined by a
court or judge;
133) maintain records of persons who have been
issued with the certificate referred to in Article 5 of
Regulation No 606/2013 of the European Parliament and of the
Council issued by the foreign institution;
14) register, take fingerprints, obtain other data necessary
for the identification of persons and to obtain audio recordings,
to photograph and film detained persons, suspects, accused
persons, convicted persons, and also persons who have committed
other violations of the law if such persons knowingly resist
identification;
141) monitor public places and persons therein,
including by use of technical means, in order to prevent and
identify possible threats to public order and criminal offences
in a timely manner, to find wanted persons or vehicles, as well
as, by use of technical means, to monitor buildings, premises and
territory of police institutions, and also objects guarded by the
police in order to ensure guarding of the buildings, premises and
territory of police institutions, safety of detained persons and
guarded objects;
142) obtain biological materials in accordance with
the procedures specified in the laws and regulations governing
the development and use of the National DNA Database;
143) with the permission of the relevant holder,
see the places that are not available to the public and the items
therein;
15) temporarily restrict or suspend transport or pedestrian
traffic on streets and roads, as well as the entry or exit of
persons in specific places or facilities, if such is required in
the interests of public safety, saving lives of persons,
protection of health and property, as well as investigation;
16) gain entry at any time of day or night to an apartment
without the permission of the residents therein (if necessary, by
use of physical force) in cases when a person is to be detained
at the scene of the crime, or when the lives of other persons are
endangered;
gain entry at any time of day or night to non-residential
premises and the territory of land parcels (if necessary, by use
of physical force), except for such non-residential premises and
territory of land parcels that has extraterritorial or other
special regimen status, in cases when a person is to be detained
at the scene of the crime, the lives of other persons are
endangered, there are reasonable suspicions that a person who is
suspected, accused or convicted of committing a serious or
especially serious crime and is evading from investigation, court
or serving his or her punishment, or a missing minor is located
therein, as well as in cases of natural disasters and other
emergencies when the safety of persons and society is
endangered.
In each instance when police officers have, in cases provided
for in this Section, gained entry into a residential unit against
the will of the inhabitants or by the use of physical force, they
must notify the prosecutor thereof in writing without delay, but
not later than within 24 hours.
In any other case, entry into residential and other premises
is permitted only in the cases specified in law on the basis of a
decision by a judge, or in emergency cases with the consent of
the prosecutor, to search a place;
17) for the purposes of determining whether persons have used
alcohol, narcotic, psychotropic or toxic substances, test them
with rapid diagnostic test for the detection of influence of
narcotic or psychotropic substances, portable alcohol
concentration specification measurement devices or to transport
such persons for testing at a medical treatment institution in
accordance with procedures specified in laws and regulations if
an opinion is required to confirm or refute the fact that a law
has been violated or to review objectively a case regarding the
commission of a violation of the law;
18) according to the instruction of the Chief of the State
Police or of the territorial police office during implementation
of the planned measures, stop vehicles and inspect them (except
for vehicles of diplomatic and consular representatives) in order
to detain wanted persons and vehicles or to detect the drivers
who are committing violations of the law in the field of road
traffic and road transport;
19) carry out an inspection of the cabin luggage and other
luggage of aeroplane passengers and, if necessary, also an
examination of the passengers, except for the inspection and
examination of diplomatic and consular representatives and
members of the parliament of the Republic of Latvia and their
luggage;
20) stop a vehicle and inspect it if there are ground to
believe that the driver of the vehicle has violated the
requirements of the laws and regulations governing road traffic
or the vehicle is being used for committing of a violation of the
law; to prohibit the use of a vehicle the technical condition of
which endangers the safety of transport movement; to suspend from
driving a vehicle persons who are intoxicated with alcohol, under
the influence of narcotics or other intoxicating substances, as
well as persons who do not have documents for the use of the
specific vehicle or a driver's licence for the relevant vehicle
category; to transport a vehicle to a police institution for the
performance of the necessary examination if it has been declared
as wanted or there are grounds to suspect that the registration
documents, State registration number or the vehicle
identification number of the vehicle have been unlawfully changed
or forged, or the documents certifying the vehicle registration
or ownership rights are missing or the lawful use of the vehicle
cannot be established by any other means;
201) seize and transport to a police institution a
wrecked vehicle that has been abandoned at the scene of a road
traffic accident until the circumstances of the case are
clarified;
202) supervise and control road transport;
21) restrict or prohibit the performance of repair and
construction works, and also other works on streets and roads if
the requirements for the guaranteeing of public safety and
traffic safety are not being met;
22) in order to prevent and disclose criminal offences in a
timely manner, as well as to search for persons, conduct
operative search measures in the cases and in accordance with the
procedures specified in law, also by involving persons in
undercover collaboration;
23) in order to prevent and detect an economic criminal
offence, if there are sufficient ground to believe that such a
criminal offence is being prepared or has been committed:
check the legality of the acquisition of the property of
institutions, legal persons governed by private law, and
associations of persons and the safety of its storage in
production, transport and marketing sites; for such purpose to
visit institutions, legal persons governed by private law, and
associations of persons and together with the owner, his or her
representatives or authorised persons, but, if they evade,
together with representatives of the local government, to inspect
the production facilities, warehouses, sales and other service
premises and territories, as well as vehicles; to check by
officials, financially liable persons, and freight carriers
documents regarding material and other valuable resources and, if
necessary, in the presence of these persons, to compare the
conformity of goods, raw materials, partially processed and
finished products found in warehouses, production and other
facilities and in transport vehicles with their documentation, as
well as to request explanations from these persons in cases when
the law has been violated; to request the necessary documents, to
take samples of raw materials, partially processed and finished
products; until commencement of inventory taking, removal of
documents or carrying out of an inspection, to seal the cash
office facilities, as well as places where documents, money,
goods and materially valuable items are kept, and to take other
measures in order to ensure their preservation;
carry out inspections in order to determine how the norms and
regulations for protecting the interests of consumers are being
complied with in the production, storage, transport and sale of
consumer goods, as well as in the provision of consumer
services;
require from the relevant officials an inventory, audit or
inspection of the production, financial and commercial activities
of institutions, legal persons governed by private law, and
associations of persons, with the participation of economic
specialists in such measures;
24) seize objects, articles and substances, the manufacture,
acquisition, storage or sale of which is prohibited by law or
which are being stored without a permit, if in accordance with
the law such is required, as well as to remove documents with
indications of forgery;
25) [14 April 2005];
26) in urgent cases, with the consent of the driver of the
vehicle, use vehicles belonging to institutions, legal persons
governed by private law, and associations of persons (except for
vehicles of foreign diplomatic, consular and other representation
offices and international organisations, as well as specialised
vehicles) to drive to the site of the incident or to transport
persons to medical treatment institutions, if such persons
require urgent medical assistance, as well as the pursuit of
persons who have committed crimes, and the emergency transport of
detained persons to a police institution;
27) without a consideration, use means of electronic
communication belonging to State and local government
institutions for service needs;
28) without a consideration, use public electronic mass
mediums, websites of local governments, social media accounts of
State institutions and local governments for the prevention of
the violations of law, determination of the circumstances in
which the violation of the law was committed and persons who
committed it, search for criminals and missing persons,
including, to establish the identity of such person who is unable
to provide information regarding himself or herself, or to
establish the identity of an unidentified body, including in
cases of disasters;
29) announce and pay a reward to any person for assistance in
the detection of a criminal offence and detaining the persons who
have committed a criminal offence;
30) in accordance with procedures specified in law, detain and
hold under guard persons to whom compulsory expulsion from the
State is being applied or may be applied;
301) in accordance with procedures specified in
law, prohibit the person referred to in Article 32(1)(d) and (e)
of Regulation (EU) 2018/1862 of the European Parliament and of
the Council of 28 November 2018 on the establishment, operation
and use of the Schengen Information System (SIS) in the field of
police cooperation and judicial cooperation in criminal matters,
amending and repealing Council Decision 2007/533/JHA, and
repealing Regulation (EC) No 1986/2006 of the European Parliament
and of the Council and Commission Decision 2010/261/EU
(hereinafter - the vulnerable person), upon setting in of any of
the cases specified in the relevant provisions, from exiting the
Republic of Latvia in order to temporarily protect such person
with the aim to prevent threats;
31) request and receive information, documents, and other
materials from public persons and private individuals for
free;
32) stop a recreation vessel and make an inspection if there
is a reason to believe that the driver has violated the
regulations regarding water traffic safety in internal waters;
make an examination if it has been established that the vessel or
its motor has been declared as wanted, or there are justified
suspicions that the identification number of the vessel, the
motor number, registration documents or the drivers licence of
the person have been forged; to remove from driving of a
recreation vessel a person who is under the influence of alcohol,
narcotic, psychotropic, toxic and other intoxicating substances
or also speed of reaction and attention reducing medicaments or
has such a level of illness or tiredness that it may influence
the ability of the driver to work and water traffic safety;
remove from driving of a recreation vessel a person who does not
have documents which certify the registration of the vessel (if
the relevant vessel needs to be registered), or a drivers licence
for the relevant vessel (if such is necessary); prohibit the use
of a recreation vessel which is not in running order, is not
equipped with the necessary equipment and life-saving appliances,
as well as a recreation vessel which must be registered and which
does not have the State registration number signs or name in the
place indicated for this purpose; if necessary transport the
recreation vessel to the nearest quayside intended for recreation
vessels if it has been established that the driver of the vessel
has not complied with the regulations regarding water traffic
safety in internal waters;
33) check whether the person who has been released from a
prison lives in his or her declared or indicated place of
residence;
34) make a control purchase, as well to involve another person
therein, including a minor in order to prevent and detect
administrative and criminal offences.
[13 October 2005]
The Cabinet shall determine the procedures by which a vehicle
shall be transported to a police institution for examination,
stored and returned to the owner, as well as the periods for
performing the examination of the vehicle.
The Cabinet shall determine the procedures for the monitoring
of buildings, premises, and territory of police institutions,
public places and the persons therein, and the objects to be
guarded by the police, using technical means, as well as the
rules of processing the data obtained as a result of such
monitoring.
The Cabinet shall determine the requirements to be met upon
involving a person in a control purchase and the procedures for
making the control purchase.
The Cabinet shall determine the procedures for maintaining
records of persons in relation to whom a police decision on
separation has been taken, for maintaining records of persons
upon whom measures of temporary protection against violence have
been imposed by a court or judge decision, and for maintaining
records of persons who have been issued with the certificate
referred to in Article 5 of Regulation No 606/2013 of the
European Parliament and of the Council issued by the foreign
institution, as well as the amount of information to be entered
in the Integrated Interior Information System on these
persons.
[5 December 1996; 20 March 1997; 15 June 2000; 4 October
2001; 6 December 2001; 27 May 2004; 14 April 2005; 13 October
2005; 15 June 2006; 14 September 2006; 12 June 2008; 16 September
2010; 21 July 2011; 24 January 2013; 6 March 2014; 12 June 2014;
28 April 2016; 14 March 2019; 20 January 2022; 14 December
2023]
Section 12.1 Police
Decision on Separation
The police decision on separation shall include:
1) the name, address of the institution;
2) the position, given name, and surname of the author of the
decision;
3) the given name, surname, personal identity number, address
of the place of residence, correspondence address, and address of
the possible place of stay of the person who poses a threat;
4) the given name, surname, personal identity number, or date
of birth and address of the place of residence of the person in
need of protection;
5) evaluation of the risk of threat of violence;
6) legal obligations imposed on the person who poses a threat
and the expiry term for their fulfilment;
7) justification of the decision (conclusion of facts and the
legal norm according to which the decision was taken);
8) information on documents attached to the decision;
9) an indication of where and in which time period this
decision may be contested or appealed.
The police decision on separation shall be signed by its
author. The decision shall be issued to the person who poses a
threat against his or her signature. If the person refuses to
receive the decision, a relevant indication thereon shall be
added to the decision.
If the person in need of protection or his or her legal
representative wishes for a court to examine the matter on
temporary protection against violence, the police decision on
separation shall include a notice on the date and court, when and
where a copy of the court decision on temporary protection
against violence can be received if the court examines the
abovementioned question, as well as information that this date is
to be regarded as the date of notice of the court decision and
that failure to receive the copy of the court decision does not
affect the legal effects of the decision.
The police decision on separation shall be an administrative
act which enters into effect upon its taking and is to be
enforced immediately. The obligation specified in the police
decision on separation shall be valid through the term indicated
in the decision.
The police decision on separation may be contested or appealed
in accordance with the procedures specified in the Administrative
Procedure Law. The contesting or appealing of the police decision
on separation shall not suspend the operation thereof.
When a police decision on separation is taken and the person
in need of protection or his or her legal representative wishes
for a court to examine the case on temporary protection against
violence, the police shall, without delay, but not later than on
the next working day, send a copy of the decision, a written
application of the person to the court, as well as other
information that is at the disposal of the police and can be
useful for the court when examining the matter of temporary
protection against violence.
A coercive fine may be imposed on the person who poses a
threat every time when he or she has violated the police decision
on separation.
Contesting or appealing of the imposition of the compulsory
enforcement measures referred to in Paragraph seven of this
Section and provided for in the Administrative Procedure Law,
shall not suspend the their enforcement.
The Cabinet shall issue the regulations stipulating:
1) the procedures for taking, announcing and enforcing a
police decision on separation, as well as the sample form
thereof;
2) the procedures for accepting and transferring an
application to a court for hearing the matter on temporary
protection against violence;
3) the procedures for controlling the enforcement of the
decision taken by a court or judge on temporary protection
against violence and of judgments of foreign institutions
according to which the certification referred to in Article 5 of
Regulation No 606/2013 of the European Parliament and of the
Council has been issued.
[6 March 2014; 12 June 2014; 20 January 2022]
Section 12.2 Decision on
the Prohibition to Exit
An employee authorised by the Chief of the State Police may
immediately take the decision to prohibit the vulnerable person
to exit the Republic of Latvia for a period of up to four months
if all of the following circumstances have been established:
1) information or submission has been received which attests
to the existence of the conditions referred to in Section 12,
Paragraph one, Clause 30.1 of this Law - the life,
health or safety of the vulnerable person may be threatened;
2) there are no other alternative means less restrictive of
personal rights and legal interests which could be used to
prevent the relevant threat.
The decision of the employee authorised by the Chief of the
State Police shall enter into effect at the time of taking
thereof. Contesting of the decision shall not suspend its
operation.
The State Police shall, immediately but not later than on the
next day, inform the Office of Citizenship and Migration Affairs
of the decision taken to prohibit the vulnerable person to exit
the Republic of Latvia.
The Chief of the State Police shall examine the contestation
submission and take the decision within 10 days. Submission of an
application to the court shall not suspend operation of the
decision to prohibit the vulnerable person to exit the Republic
of Latvia.
The Cabinet shall determine the scope of information to be
included in the Register of Prohibition to Exit and Departure of
Persons on the person for whom the decision on the prohibition to
exit from the Republic of Latvia has been taken and on the child
in relation to whom the court has taken the decision to prohibit
to bring him or her out of the country, and also the procedures
for the inclusion of such information, its storage periods,
deletion procedures, and the authorities to be granted access to
the information included in the Register.
[14 December 2023]
Section 13. Rights of Police
Officers to Use Physical Force, Special Means, Special Vehicles,
Use Service Dogs and Horses and Place Detained Persons at
Temporary Detention Premises
Police officer, upon performing his or her service duties, has
the right to use physical force, special fighting techniques,
special means (chemical substances, objects or mechanisms
intended for self-protection or ensuring of public order and
security, but which are not weapons) and special vehicles, use
service dogs and horses, as well as to place detained persons at
temporary detention premises and in vehicles intended for such
purpose, but in exceptional cases, if the number of detained
persons is high, also at temporarily enclosed temporary detention
premises, in order to:
1) repel an attack on persons, police officers and persons who
are performing their service duties in guaranteeing public safety
and fight against crime;
2) repel an attack on buildings, premises, structures, and
vehicles regardless of their ownership, or free facilities
occupied by armed persons;
3) free hostages;
4) prevent mass disorder and group violations of public
order;
5) detain and transport offenders to a police institution, as
well as restrain detained, arrested and convicted persons if such
persons do not submit to or resist police officers, or if there
are ground to believe that such persons may escape or inflict
harm on other persons nearby or themselves;
6) stop intentionally wrongful resistance to lawful requests
made by police officers or other persons performing service
duties in guaranteeing public order or fight against crime.
The type and intensity of use of physical force, special
fighting techniques, special means and special vehicles or
service dogs and horses, as well as the necessity to place
persons at temporary detention premises, in a vehicle intended
for such purpose or at temporarily enclosed temporary detention
premises shall be determined by taking into account the nature of
the particular situation and individual characteristics of a
person. When using physical force, special fighting techniques,
special means and special vehicles or using service dogs and
horses, the damage caused shall be restricted as much as
possible, as well as provision of first aid shall be ensured to a
victim, if it is necessary. If a person has been injured or has
died as a result of the use of physical force, special fighting
techniques, special means and special vehicles or service dogs or
horses, a police officer must immediately notify the immediate
supervisor thereof who shall notify the relevant prosecutor's
office of such fact.
Special means (except for handcuffs and means of tying),
special fighting techniques and special vehicles, and also use
service dogs and horses may not be used against women, persons
with obvious signs of disability and minors, except during mass
disorders or violations of public order in group, as well as in
cases when the lives or health of other persons are endangered or
when armed resistance is made or armed attack is committed.
The types of special means and the procedures for the use of
such means shall be determined by the Cabinet.
Upon commencing guarding or escorting of a person, as well as
prior to the placement of such person in the temporary detention
premises, in a vehicle intended for such purpose or in
temporarily enclosed temporary detention premises, the person
shall be searched by a police officer of the same sex and the
objects present on the person shall be examined in order to seize
objects which may be used by the person to attack the police
officer or with which it is possible to commit bodily injuries to
other people or to him or herself.
The Cabinet shall determine the procedures by which persons
shall be placed and kept at temporary detention premises, in a
vehicle intended for such purpose, as well as at temporarily
enclosed temporary detention premises and the requirements for
equipment of vehicles intended for such purpose and temporarily
enclosed temporary detention premises.
[12 June 2008; 21 July 2011]
Section 14. The Right of Police
Officers to Use Firearms
Shooting on purpose shall be deemed as the use of a
firearm.
A police officer has the right, on a continuing basis, to keep
and carry a firearm issued thereto for use in the line of duty.
The Minister for the Interior of the Republic of Latvia shall
determine the regulations and procedures for keeping and carrying
a firearm issued to a police officer.
A police officer is entitled to use a firearm in state of
extreme necessity to:
1) defend other persons and himself or herself from an attack
which actually endangers life or may harm the health, or to avert
an attempt to obtain a firearm by force;
2) free hostages;
3) repel a group or armed attack on police officers or other
persons who are performing service duties in guaranteeing public
safety and fighting crime;
4) repel a group or armed attack on guarded facilities,
premises, structures, institutions, private legal persons and
associations of persons;
5) detain a person who is showing armed resistance or who is
surprised in the act of committing a serious or an especially
serious crime or has escaped from arrest, or detain an armed
person who refuses to comply with the lawful request to hand over
a weapon or explosives;
6) stop a vehicle by damaging it, if its driver, through his
or her actions, is creating actual threats to the life or health
of persons and does not submit to the request of a police officer
to stop the vehicle and if the driver cannot be detained by any
other means;
7) render harmless an animal that endangers the life or health
of a person.
A police officer also has the right to use a firearm to give a
warning signal or to summon help.
Before using a firearm, a warning of intent to do so must be
given. If necessary, a warning shot may also be fired.
A firearm may be used without warning if:
an attack is sudden or weapons, military equipment, or any
type of mechanical vehicles are used in the attack;
it is necessary to free hostages;
an escape from arrest is in progress with the use of a weapon
or a vehicle, or arrested persons are escaping from a vehicle
while it is in motion.
It is prohibited to use and apply firearms at locations where,
as a result of their use, other persons may be harmed; and it is
also prohibited to use firearms against women and minors, except
when they are committing an armed attack, show armed resistance,
or endanger the lives of other persons or police officers by a
group attack.
A police officer has the right to take out a firearm and
prepare it for shooting if the officer believes that its use or
application in the specific situation is not ruled out. If the
detained person intentionally makes sudden movements or other
dangerous actions which the police officer could interpret as
attempted violence, attempts to approach the police officer
closer than the distance indicated by the officer, the police
officer has the right to use a firearm in accordance with this
Law.
In all cases of the use and application of firearms, the
police officer must do all in his or her power to guarantee the
safety of other persons and to provide any necessary first aid to
victims. The responsible official of the police institution must
immediately notify the prosecutor of each firearm use
incident.
[15 June 2000; 13 October 2005; 12 June 2008]
Chapter
III.1
Departmental Examination of the Police
[16 September 2010]
Section 14.1 Conditions
for the Performance of a Departmental Examination of the
Police
A departmental examination of the police may be initiated
to:
1) verify how the legal norms the control and supervision of
the enforcement of which is assigned to the police are complied
with;
2) search for persons in the cases specified in law;
3) to find out the identity of such person who is not able to
provide information regarding himself or herself or to identify
the body of an unknown person.
The departmental examination of the police shall be carried
out by a police officer according to his or her competence in
conformity with the rights specified for the police in Section 12
of this Law or in other laws. During the process of the
departmental examination, a police officer does not have the
right to perform such actions which are implemented only within
the framework of criminal proceedings or administrative offence
proceedings.
The departmental examination of the police which has been
initiated in accordance with Paragraph one, Clause 1 of this
Section shall be finished within one month or sooner if criminal
proceedings or administrative offence proceedings are
initiated.
If the time-limit specified in Paragraph three of this Section
cannot be met due to objective reasons, the chief of the police
unit may extend it for not more than four months. If a
departmental examination has been initiated on the basis of a
submission, the submitted shall be notified of the extension of
the time-limit.
The departmental examination of the police which has been
initiated in accordance with Paragraph one, Clauses 2 or 3 of
this Section shall be finished if the objective of the
examination has been achieved or the grounds for initiation have
ceased to exist.
The materials of the departmental examination of the police in
relation to the search of a person, verification of the identity
of such person who is not able to provide information regarding
himself or herself or identification of the body of an unknown
person shall be kept together in a search file.
[20 January 2022]
Section 14.2
Institutional Collaboration and Exchange of Information via the
Integrated Interior Information System
If the location of a person, item or document, identity of a
person who is not able to provide information regarding himself
or herself, or the identity of the body of an unknown person
needs to be determined, the police officer who is carrying out
the departmental examination of the police may decide on the
inclusion of the relevant information in the Integrated Interior
Information System in order to determine the location of a
person, item or document or the identity of such person who is
not able to provide information regarding himself or herself, or
to identify the body of an unknown person.
If the need to determine the location of a person, item or
document or the identity of such person who is not able to
provide information regarding himself or herself, or to identify
the body of an unknown person ceases to exist, the police officer
who is carrying out the departmental examination of the police
shall decide on the deletion of the relevant information from the
Integrated Interior Information System.
The amount of information to be included in the Integrated
Interior Information System, the grounds and objective for its
inclusion, the procedures for inclusion, use and deletion, the
authorities which may receive access to the information included
in this system, as well as the action to be taken when
establishing a person, item or document or when verifying the
identity of such person who is not able to provide information
regarding himself or herself or when identifying the body of an
unknown person shall be determined by the Cabinet if the relevant
information has been included in this information system.
Chapter
IV
Organisational Structure of the Police, Competence of Police
Institutions, and Division of Responsibilities
Section 15. Organisational Structure
and Subordination of the Police
The police shall consist of the State Police, municipal
police, and port police.
The State Police shall, within its competence, perform its
duties across the territory of the Republic of Latvia, the
municipal police - in the relevant administrative territory and
administrative territory of another local government which has
delegated the performance of the duties or tasks specified in
this Law, and the port police - within the boundaries of the port
specified in the laws and regulations.
The State Police is an institution under the supervision of
the Minister for the Interior.
The municipal police shall be included in the composition of
the relevant local government, the port police - in the
composition of the relevant port authority, while the municipal
police and port police shall cooperate with the State Police in
organisational issues.
[28 October 2010; 24 January 2013; 4 October 2018]
Section 16. The State Police
The State Police comprise the central headquarters and units
subordinate to it.
The State Police shall have its own flag. Organisational units
of the State Police may have their own flags.
[13 May 1999]
[20 March 1997; 13 May 1999]
Section 17. Civil Police
[15 June 2006]
Section 18. Criminal Police
[15 June 2006]
Section 19. Municipal Police
The local government shall establish a municipal police or
local governments shall establish a joint municipal police, or a
local government shall, in accordance with the procedures
specified in the State Administration Structure Law, delegate all
of the tasks of the municipal police to another local government.
The local government in which a municipal police has been
established may, in accordance with the procedures specified in
the State Administration Structure Law, delegate separate tasks
of the municipal police to another local government.
The duties of municipal police include:
1) prevention of violations of the law;
2) [28 October 2010];
21) registration of submissions and information
related to possible violations of law and incidents which
endanger the safety of persons or the society, responding to the
provided information, and also the transfer of the received
information to competent officials and authorities;
3) [11 October 2018];
4) control of how binding regulations of the local government
for the violation of which administrative liability is provided
are being complied with, and also the imposition of
administrative penalties for the violation of such regulations
and their enforcement;
5) provision of support to the State Police and State Security
Service in guaranteeing public safety and fighting crime;
6) prevention of immediate threats if a person which is in or
near a dwelling can harm the life, freedom or health of the
person in need of protection until the moment when a court
examines the matter of temporary protection against violence.
[14 December 2023]
If information is received that a violation of the law the
examination of which is within the competence of the State Police
is being prepared or has been committed, the municipal police
shall take the necessary measures for its prevention, detaining
of the offender, and guarding the site of the incident and shall
immediately inform the relevant State Police institution
(official) thereof, and shall also hand over the offender and the
relevant documents on this person thereto. In such matters, the
instructions of the State Police official shall be binding on
officers of the municipal police.
The number of municipal police officers shall be determined by
the local government or the supervisory council specified in the
Local Government Law. The municipal police may comprise its
chief, his or her deputies, senior inspectors, inspectors and
junior inspectors, as well as senior civil officers, civil
officers and junior civil officers. Municipal police officers
shall perform their duties in a uniform. The basic requirements
for the uniform shall be laid down by the Cabinet.
A municipal police officer shall, within his or her
competence, have all of the rights referred to in Section 12,
Paragraph one, Clauses 1-6, 8-12, 14.1,
14.3, 15, 17, 20, 21, 24, 26-28, 31, 32, and 34 of
this Law, the rights in accordance with the procedures specified
in Section 13 of this Law to use physical force, special fighting
techniques, and special means upon the occurrence of the
circumstances referred to in Section 13, Paragraph one of this
Law, and also the right to place persons in temporary detention
premises and in vehicles intended for such purpose, but in an
exceptional case, if the number of detained persons is high, also
in temporarily enclosed temporary detention premises. Upon
performing the duty referred to in Paragraph two, Clause 6 of
this Section, the municipal police officer also has the rights
referred to in Section 12, Paragraph one, Clauses 13.1
and 16 of this Law, as well as the right to take the police
decision on separation.
Special means which the municipal police officers have the
right to use, as well as the procedures for the use of these
special means shall be determined by the Cabinet.
Municipal police officers have the right to use firearms in
accordance with the procedures specified and in the situations
provided for in Section 14 of this Law.
[14 March 2019]
The procedures for the registration of the information
referred to in Paragraph two, Clause 2.1 of this
Section, its amount and storage time limits shall be determined
by the Cabinet.
[1 September 1992; 8 June 1994; 20 March 1997; 13 May 1999;
15 June 2000; 27 May 2004; 15 June 2006; 14 September 2006; 12
June 2008; 28 October 2010; 24 January 2013; 6 March 2014; 11
October 2018; 14 March 2019; 20 January 2022; 14 December
2023]
Section 19.1 Port
Police
A port authority as a legal person governed by public law may
establish port police.
The duties of the port police shall include:
1) prevention of violations of the law in the port area;
11) registration of submissions and information
related to possible violations of law and incidents which
endanger the safety of persons or the society, responding to the
provided information, and also the transfer of the received
information to competent officials and authorities;
2) provision of security guard and pass control in the
port;
3) guarding of the persons detained in the port area for
committing administrative offences;
4) control of conformity with the port regulations and public
order regulations issued by a local government for the violation
of which administrative liability, initiation and examination of
administrative offence proceedings, and control of the
enforcement of the taken decisions is provided;
5) provision of support to the State Police and State Security
Service in guaranteeing public safety and fighting crime.
If the port police receive information that a violation of the
law which is not within its competence, is being prepared or has
been committed, the port police shall take the necessary measures
for the prevention of the violation of law, detaining of the
offender, and guarding the site of the incident, and shall also
immediately inform the competent State administration institution
(official) thereof, and shall also hand over the offender and the
relevant documents on this person thereto. In such cases, the
instructions of officials of State administration institutions
shall be binding on port police officers.
The number of port police officers shall be determined by the
relevant port authority. The port police may consist of its
chief, his or her deputies, senior inspectors, inspectors, and
junior inspectors, as well as senior civil officers, civil
officers, and junior civil officers. The port police officers
shall perform their duties in uniforms of the common type
approved by the Minister for the Interior.
The port police officers have the rights specified in Section
12, Paragraph one, Clauses 1-6, 8, 9, 14.1, 15, 17,
20, 21, and 32 of this Law to the extent that corresponds to
their competence, as well as the right to use physical force,
special means, special vehicles, and service dogs and horses in
accordance with the procedures specified in Section 13 of this
Law, and to place the detained persons in temporary detention
premises.
Special means which the port police officers may use, as well
as the procedures for the use of these special means shall be
determined by the Cabinet. The port police officers have the
right to use firearms in accordance with the procedures specified
and in the situations provided for in Section 14 of this Law.
The procedures for the registration of the information
referred to in Paragraph two, Clause 1.1 of this
Section, its amount and storage time limits shall be determined
by the Cabinet.
[28 October 2010; 11 October 2018; 14 March 2019; 20
January 2022]
Section 20. Competence of the State
Police Central Headquarters and Subordinate Units Subject
Thereto
[15 June 2006]
Section 21. Requirements for a
Municipal Police Officer
A person may be a municipal police officer if he or she meets
the following requirements:
1) is an adult citizen of Latvia;
2) has not been punished for an intentional criminal offence -
regardless of the criminal record having been set aside or
extinguished;
3) has not been convicted of an intentional criminal offence
by releasing from punishment;
4) has not been held criminally liable for committing an
intentional criminal offence, except when the person has been
held criminally liable but the criminal proceedings had been
terminated on the basis of exoneration;
5) has obtained at least secondary education.
A person can be the chief of the municipal police or the
deputy thereof if he or she meets the requirements specified in
Paragraph one, Clauses 1, 2, 3, and 4 of this Section, and has
obtained higher education.
The chief of the municipal police or his or her deputy shall
be recruited if a written consent of the Minister for the
Interior has been received. The Minister for the Interior shall
not give a written consent if there are reasonable grounds to
believe that the person poses a threat to national security or
public order and safety.
Duties of a vacant office of the chief of the municipal police
or his or her deputy or duties of an absent chief of the
municipal police or his or her deputy may be fulfilled by a
person who meets the requirements laid down in Paragraph two of
this Section. If a person is entrusted with the performance of
the duties of the chief of the municipal police or his or her
deputy for a time period exceeding six months, a written consent
of the Minister for the Interior needs to be obtained.
[16 September 2010; 12 June 2014; 11 October 2018]
Section 21.1 Requirements
for a Port Police Officer
A person may be a port police officer if he or she meets the
following requirements:
1) is an adult citizen of Latvia;
2) has not been punished for an intentional criminal offence -
regardless of the criminal record having been set aside or
extinguished;
3) has not been convicted of an intentional criminal offence
by releasing from punishment;
4) has not been held criminally liable for committing an
intentional criminal offence, except when the person has been
held criminally liable but the criminal proceedings had been
terminated on the basis of exoneration;
5) has obtained at least secondary education.
A person may be the chief of the port police or deputy thereof
if he or she meets the requirements specified in Paragraph one,
Clauses 1-4 of this Section, and has obtained higher
education.
The chief of the port or his or her deputy shall be recruited
if a written consent of the Minister for the Interior has been
received. The Minister for the Interior shall not give a written
consent if there are reasonable grounds to believe that the
person poses a threat to national security or public order and
safety.
Duties of a vacant office of the chief of the port police or
his or her deputy or duties of an absent chief of the port police
or his or her deputy may be performed by a person who meets the
requirements laid down in Paragraph two of this Section. If a
person is entrusted with the performance of the duties of the
chief of the port police or his or her deputy for a time period
exceeding six months, a written consent of the Minister for the
Interior needs to be required.
[28 October 2010; 12 June 2014; 11 October 2018]
Chapter V
Legal Protection, Work-Related Safeguards and Liability of Police
Officers
Section 22. Legal Protection of
Police Officers
A police officer is a representative of the State authority
and all persons must obey the lawful requests and orders that he
or she has issued or made while performing service duties.
Non-compliance with the lawful requests of a police officer is
punishable. A police officer is under the protection of the
State; the honour and dignity of a police officer is protected by
the State. Infringement of the honour of a police officer,
resisting a police officer, endangering the life or health of a
police officer, as well as actions that interfere with the
performance of the duties of office shall be punished in
accordance with the procedures specified in the laws of the
Republic of Latvia.
A police officer shall not be liable for economic and physical
harm done within the scope of the powers of service to a person
violating the law who does not submit or resists at the moment of
detaining.
Requests of a police officer are compulsory and actions are
binding on all persons until the official who is authorised to
control or supervise the operations of the officer suspends or
revokes such operations.
Section 23. Work-Related Safeguards
for Police Officers
While performing his or her duties, a police officer is
subordinate to his or her immediate supervisor and to more senior
supervisor. If a police officer has received a command or order
from a supervisor that is contrary to the law, the officer shall
comply with the requirements of the law.
A police officer shall not be bound by orders and decisions of
parties and other socio-political organisations and movements or
their representatives.
Interference in the operations of the police by parties and
other socio-political organisations and movements or their
representatives is prohibited.
[15 June 2006]
The police officer trade unions do not have the right to
declare strikes. A police officer has the right to appeal to a
court decisions on him or her taken by the officials of the
police and institutions of the Ministry of the Interior if the
officer believes that such decisions unjustifiably restrict his
or her rights or powers or injure his or her dignity. To satisfy
their needs for culture and sport, police officers may form
societies and clubs the activities of which are regulated by
articles of association adopted and registered in accordance with
the procedures specified in law.
[19 December 2002]
[15 June 2006]
[20 March 1997; 4 October 2001; 20 June 2002; 19 December
2002; 16 December 2004; 14 April 2005; 13 October 2005; 15 June
2006]
Section 24. Provision of Residential
Premises for a Police Officer of the State Police
The State Police have a right to buy residential houses or
separate apartments, as well to build residential houses for the
needs of police officers of the State Police.
Local governments may, upon a request of State Police
institution, provide a dwelling space near the place of service
to a police officer who has been transferred for the needs of the
service to another populated area.
[4 October 2018]
Section 25. Granting of Other
Guarantees to Police Officers
[15 June 2006]
Section 26. Working Hours and
Remuneration for Police Officers
[15 June 2006]
Section 27. Liability of Police
Officers
A police officer shall be liable for an illegal action in
accordance with the procedures specified in laws and
regulations.
A police officer may not perform or support any activities
related to torture or other cruel, inhuman or demeaning treatment
or punishment. No police officer may refer to an order from a
superior or such exceptional circumstances as a state of war or
threat of war, threat to national security, internal political
instability of the State or emergency circumstances to justify
torture or other cruel, inhuman or demeaning treatment or
punishment.
Knowingly carrying out an illegal command or order shall not
release a police officer from liability.
A police officer shall serve a criminal punishment in
accordance with general provisions, but segregated from other
convicts.
A police officer shall be held administratively liable for
administrative offences in accordance with the procedures
specified in law.
A person may contest an administrative act issued by a police
officer and his or her actual actions according to the procedures
specified in the laws and regulations governing the
administrative procedure.
[4 October 2001; 14 April 2005]
Chapter
VI
Service in the State Police
[15 June 2006]
Chapter
VII
Financing of the Operation of the Police and Supply of Material
and Technical Facilities Thereto
Section 34. Financing of the State
Police
The financial resources of the State Police shall be formed
from:
1) grants from general revenue of the State budget;
2) own income obtained from entering into contracts with legal
persons and natural persons.
[5 December 1996; 20 March 1997; 23 October 1997; 4
November 1999; 19 December 2002; 14 April 2005]
Section 35. Supply to the State
Police
For the performance of the tasks assigned to it, the State
Police shall be ensured with material and technical resources,
arms, special means, and also police dogs and horses. Provisions
for ensuring material and technical resources and arms to the
employees of the State Police, their types, and also the
provisions for ensuring special means, police dogs and horses to
the State structural units shall be determined by the Chief of
the State Police.
[20 January 2022]
Section 36. Provision of Service
Premises to the State Police
The State Police structural units located in rail, air and
water transport State capital companies shall be provided with
premises by the relevant State capital company which shall cover
the operating expenses.
[13 October 2005]
Section 37. Financing of and Supply
of Material and Technical Facilities to Municipal Police and Port
Police
The municipal police shall be financed and its material and
technical facilities shall be supplied from the funds of the
relevant local government.
The port police shall be financed from the funds of the
relevant port authority.
[28 October 2010]
Chapter
VIII
Control and Supervision of Police Activities
Section 38. Control of Police
Operations
The operations of the police shall be under control of the
Cabinet, the Minister for the Interior and local government
institutions, within the scope of their competence.
[5 December 1996]
Section 39. Supervision of the
Compliance with the Law in Police Operations
The Prosecutor General of the Republic of Latvia and
prosecutors subordinate thereto shall supervise the conformity
with the law in police operations.
Transitional
Provisions
[15 June 2006; 16 September
2010]
1. The unpaid leave allowances for 2005 shall be disbursed
within the scope of the State budget funds granted for this
purpose.
2. A municipal police officer who has been recruited until 1
November 2010 and does not meet the requirements referred to in
Section 21, Paragraph one, Clause 1 of this Law may hold the
position of the municipal police officer until 1 March 2011. If
the abovementioned officer submits a naturalisation application
in accordance with the laws and regulations governing admission
to Latvian citizenship, he or she may hold the position of the
municipal police officer until the moment of examination of the
naturalisation application.
[16 September 2010]
3. A municipal police officer who has been recruited until 1
November 2010 and does not meet the requirements referred to in
Section 21, Paragraph one, Clauses 2, 3, and 4 of this Law may
hold the position of a municipal police officer until 1 March
2011.
[16 September 2010]
4. A municipal police officer who has been recruited until 1
November 2010 and does not meet the education requirements
referred to in Section 21, Paragraph one, Clause 5 or Paragraph
two of this Law may hold the position of a municipal police
officer until 1 September 2011. If the abovementioned officer
commences studies (training courses) in an accredited educational
institution and submits a statement issued by the educational
institution on commencing (continuing) the studies (training
courses) to the local government, he or she may hold the position
of the municipal police officer until he or she obtains the
relevant education or discontinues the studies (training
courses).
[16 September 2010]
5. After the time period referred to in Paragraphs 2, 3 and 4
of these Transitional Provisions, a municipal police officer who
does not meet the requirements referred to in Section 21,
Paragraph one or two of this Law shall be given a notice on
termination of the employment contract due to non-conformity to
the requirements specified for a municipal police officer.
[16 September 2010]
6. The education requirements referred to in Section 21,
Paragraph one, Clause 5 or Paragraph two of this Law shall not
apply to a municipal police officer who has been recruited until
1 November 2010 if six or less years have remained till granting
him or her the old-age pension.
[16 September 2010]
7. The Cabinet shall issue the regulations provided for in
Section 12, Paragraph five of this Law by 1 June 2013.
[24 January 2013]
8. Amendments to Section 10, Paragraph one, Clause 22, Section
12, Paragraph six, and Section 12.1, Paragraph nine,
Clause 3 of this Law regarding Regulation No 606/2013 of the
European Parliament and of the Council and Section 12, Paragraph
one, Clause 13.3 of this Law shall come into force on
11 January 2015.
[12 June 2014]
9. The requirement regarding the necessity of higher education
arising from Section 21, Paragraph four of this Law for a person
who is entrusted with the duties of an absent chief of the
municipal police or his or her deputy or a vacant office of the
chief of the municipal police or his or her deputy shall be
mandatory starting from 1 January 2017.
[12 June 2014]
10. The Cabinet shall issue the regulations referred to in
Section 10, Paragraph five and Section 12, Paragraph four of this
Law by 1 October 2016.
[28 April 2016]
11. Until issuing of the Cabinet regulations referred to in
Section 12, Paragraph four of this Law, but not later than 1
October 2016, Cabinet Regulation No. 305 of 7 April 2009,
Procedures for the Monitoring of a Public Place Using Technical
Means, as well for Storing and Publishing the Data Obtained in
Monitoring, shall be applied.
[28 April 2016]
12. The Cabinet shall issue the regulations referred to in
Section 19, Paragraph ten and Section 19.1, Paragraph
seven of this Law by 31 December 2019. Until the day when the
relevant Cabinet regulations come into force, a municipal police
or port police shall not exceed the amount of information
specified in Cabinet Regulation No. 190 of 20 March 2012,
Regulations Regarding the Procedures for Registration of Events
and Reaction Time of the Police, when registering submissions and
information related to possible violations of law and incidents
which endanger the safety of persons or the society.
[11 October 2018]
13. A municipal police or port police shall start to register
submissions and information regarding possible violations of law
and incidents which endanger the safety of persons or the society
in the Unified Incident Register not later than on 1 January
2025.
[11 October 2018]
14. The Cabinet shall issue the regulations referred to in
Section 19, Paragraph five of this Law by 1 January 2020.
[11 October 2018]
Chairperson of the Supreme Council of the
Republic of Latvia A. Gorbunovs
Secretary of the Supreme Council of the
Republic of Latvia I. Daudišs
Rīga, 4 June 1991
Translation © 2024 Valsts valodas centrs (State
Language Centre)