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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

11 December 2003 [shall come into force from 1 Jaunary 2004];
3 June 2004 [shall come into force from 1 January 2005];
17 March 2005 [shall come into force from 7 April 2005];
15 December 2005 [shall come into force from 12 January 2006];
19 December 2006 [shall come into force from 1 January 2007];
22 April 2010 [shall come into force from 26 May 2010];
18 June 2015 [shall come into force from 16 July 2015];
28 April 2016 [shall come into force from 1 June 2016].

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 Saeima1 has adopted and
and the President has proclaimed the following Law:

Law On Application of Compulsory Measures of a Correctional Nature to Children

Chapter I
General Provisions

Section 1.

(1) This Law prescribes the types and the procedures for application of compulsory measures of a correctional nature.

(2) Compulsory measures of a correctional nature are applied in order to achieve the following objectives:

1) the formation and reinforcement of a value orientation of a child that corresponds to the interests of society;

2) an orientation of a child toward refraining from illegal actions; and

3) re-integration of a child with social behaviour disorders into society.

Section 2.

Compulsory measures of a correctional nature may be applied to a child if he or she has committed such offence or violation for which the laws and regulations provide for criminal liability or administrative liability (hereinafter - the offence or violation.

[28 April 2016]

Section 3.

Compulsory measures of a correctional nature may be applied to children from 11 to 18 years of age, unless it is otherwise specified in this Law.

[22 April 2010]

Section 4.

Compulsory measures of a correctional nature are applied to children who have committed:

1) a criminal offence and who a court has released from the imposed sentence;

2) [22 April 2010].

3) the offence provided for in The Criminal Law in respect of which a decision to terminate criminal proceedings and to send materials to the court has been taken;

31) the offence provided for in The Criminal Law in respect of which a procedurally authorised official has established that it has been committed by a child who has not attained 14 years of age and in respect of which a decision to refuse to commence criminal proceedings and send materials for a departmental examination has been taken;

4) a violation.

[19 December 2006; 22 April 2010; 28 April 2016]

Section 5.

(1) A court shall apply compulsory measures of a correctional nature in criminal cases (Section 4, Clause 1).

(2) Materials of terminated criminal proceedings and materials regarding an offence (Section 4, Clauses 3 and 3.1 ) shall be examined and compulsory measures of a correctional nature applied singly by a city (district) judge.

(3) Administrative violation cases and materials regarding the violation (Section 4, Clause 4) shall be examined by a local government administrative commission (hereinafter - an administrative commission). A local government may establish a separate administrative commission for examination of such cases.

[19 December 2006; 22 April 2010]

Chapter II
Compulsory Measures of a Correctional Nature

Section 6.

(1) The following compulsory measures of a correctional nature may be applied to children:

1) the giving of a warning;

2) to impose a duty to apologise to the victims if they agree to meet with the guilty party;

3) to place a child in the custody of parents or guardians, as well as other persons, authorities or organisations;

4) to impose a duty to eliminate by his or her work the consequences of the harm caused;

5) for a child who has reached the age of 15 and who has income - to impose a duty to reimburse the harm caused;

6) [19 December 2006];

61) to specify behaviour restrictions;

7) to impose a duty to perform community services; or

8) to place a child in an educational establishment for social correction.

(2) The compulsory measures of a correctional nature referred to in Clauses 1, 2, 3, 4, 5 and 6 1 of this Section may be applied for a violation.

(3) If a child who has committed the offence or violation has entered into settlement and fulfilled the provisions included therein, a compulsory measure of a correctional nature need not be applied to him or her. If criminal liability is provided for in The Criminal Law for the relevant offence, the settlement shall be organised and managed by the State Probation Service.

(4) If the settlement has been entered into under management of a trained intermediary of the State Probation Service, upon termination of the time period for the fulfilment of the settlement provisions, the State Probation Service shall notify the court regarding fulfilment of the settlement provisions. The time period for fulfilment of the settlement provisions may not exceed six months.

(5) In other cases a victim or his or her representative shall notify the court or the administrative commission regarding fulfilment of the settlement provisions upon expiry of the time period for fulfilment of the settlement provisions.

[19 December 2006; 22 April 2010]

Section 7.

(1) The compulsory measures of a correctional nature specified in Section 6, Paragraph one of this Law may be applied as the basic compulsory measures.

(2) Additionally a child may be imposed an obligation to undergo treatment for addiction to alcohol, narcotic, psychotropic or toxic substances or other addictions in accordance with the procedures specified in Section 14 of this Law.

[3 June 2004; 22 April 2010]

Section 8.

When applying compulsory measures of a correctional nature, the purposes, the nature and causes of an offence and violation, child's age and living conditions, the degree of his or her participation in the offence shall be taken into account, as well as his or her behaviour in an educational institution or a place of employment and in domestic activities.

Section 9.

(1) A compulsory measure of a correctional nature - a duty to eliminate by his or her work the consequences of the harm caused - may be applied if a child has reached the age of 15 and if the work does not involve an increased risk to his or her security, health, morals and development.

(2) A duty to eliminate by his or her work the consequences of the harm caused may be imposed on a child under the age of 15 if it is possible to eliminate them by work, in which it is permissible to employ children of such age.

Section 10.

[19 December 2006]

Section 10.1

(1) In applying a compulsory measure of a correctional nature - behaviour restrictions - a duty to perform certain activities or to refrain from performing certain activities shall be imposed on a child.

(2) Behaviour restrictions may be specified for a time period of 30 days up to one year.

(3) The following behaviour restrictions may be specified for a child:

1) to prohibit to visit certain public areas;

2) to prohibit to meet with certain persons;

3) to impose a duty to be at his or her place of residence during a specific time of day;

4) to impose a duty to arrive for registration in the State Police on a regular basis (one to four times per month);

5) to impose a duty to participate in social correction or social assistance programmes;

6) to impose a duty to continue acquisition of basic education;

7) to impose a duty to visit and consult a psychologist, physician or another specialist.

(4) A judge or an administrative commission, in applying the compulsory measure of a correctional nature provided for in this Section, may specify one or several behaviour restrictions referred to in Paragraph three of this Section. The behaviour restrictions referred to in Paragraph three, Clauses 1, 2, 3 and 4 of this Section shall be applied only by the judge.

(5) Expenses arising from applying the behaviour restrictions - the obligation to arrive to a consultation with a psychologist, physician or other specialist - shall be covered in accordance with the procedures specified in the laws and regulations regarding the right of children to medical treatment.

[22 April 2010]

Section 11.

(1) A duty to perform community services may be imposed on a child for a time period of 10 to 40 hours.

(2) Community services is an involvement of a child in services necessary for the public which the child performs without remuneration in the area of his or her residence during the time free from regular employment or studies. The Cabinet shall determine prohibitions and restrictions for employment of a child upon carrying out community services.

(3) The Cabinet shall determine the procedures for community services.

(4) The investigation and registration of an accident that has occurred during the performance of community services shall be carried out in accordance with the laws and regulations regarding the procedures for investigating and registering accidents at work.

(5) A person who employs a child shall ensure provision of instructions in respect of the particular work and training in the field of labour protection before commencement of community services. Such instructions shall also be ensured in case when the work to be performed changes significantly during performance of community services.

(6) If a child attains the age of 18 years during performance of the compulsory measure of a correctional nature - the obligation to perform community services - the child shall continue the performance of community services while the compulsory measure of a correctional nature is fully performed.

[17 March 2005; 15 December 2005; 19 February 2006; 22 April 2010]

Section 12.

(1) A child may be placed in the custody of parents or guardians, as well as of another person, authority or organisation for a time period from six months up to one year, but not longer than until reaching 18 years of age.

(2) The compulsory measure of a correctional nature specified in Paragraph one of this Section may be applied if:

1) another person, authority or organisation agrees to raise and supervise a child and these persons do not have any negative effects on the child; and

2) the child agrees that he or she is placed in the custody of the person, authority or organisation specified in the custody agreement, promises to respect the opinion thereof and follow the prescribed routine.

Section 13.

(1) A child may be placed in an educational institution for social correction for a time period from one to three years, but not longer than until attaining 18 years of age, but if the child has attained 18 years of age, execution of this compulsory measure of a correctional nature may be continued in accordance with Section 35.2 or Section 36, Paragraph 1.1 of this Law no longer than until attaining 19 years of age.

(2) When determining the end and duration of a compulsory measure of a correctional nature - placement in an educational institution for social correction - a judge shall take into account, as much as possible, the beginning and end of the study year, and also education level of the child and his or her necessity to continue education.

(3) If there is basis to consider that a child would avoid placement in an educational institution of a correctional nature or the life and health of the child or other persons are endangered, the judge shall take a decision to temporarily place the child in the State Police prophylactic institution for children no longer than for 10 days.

[22 April 2010 / The new wording of Paragraph three shall come into force on 1 January 2012. See Paragraph 4 of Transitional Provisions]

Section 14.

(1) A judge or an administrative commission upon consent of a child or child's parents (guardian), or the consent of the Orphan's and Custody court, if the child or his or her parents (guardian) do not provide consent, may impose an obligation on the child to undergo treatment for addiction to alcohol, narcotic, psychotropic or toxic substances or other addictions if that was the cause of committing the offence or violation. Placing the child in an educational institution for social correction, the provision of his or her treatment for alcohol addiction, narcotic, psychotropic or toxic substances or another addiction shall be mandatory.

(2) Compulsory treatment shall be performed in accordance with the procedures specified by the Cabinet.

[3 June 2004; 22 April 2010]

Chapter III
Investigation of Offence and Violation

Section 15.

(1) Facts regarding an offence committed by a child shall be verified by a procedurally authorised official in accordance with the procedures laid down in the law, but the facts regarding the violation - by authorities (officials) authorised to commence record-keeping in the administrative violation case or to examine administrative violation cases.

(2) If the violation is committed by a child who is from 11 to 14 years of age, an authority (official) shall verify the facts regarding the violation in accordance with the procedures laid down in the Latvian Administrative Violations Code.

[19 December 2006; 28 April 2016]

Section 16.

(1) The following documents shall be appended to offence inspection materials and criminal cases, which are prepared for sending to a court to decide the matter regarding the application of compulsory measures of a correctional nature:

1) a statement from the Penalty Register regarding previous violations of the law committed by the child (who has attained 14 years of age);

2) a statement from a family doctor regarding health condition of the child;

3) a characterisation from an educational institution if the child attends an educational institution, or a workplace if the child is working;

4) a statement from a local government social service office regarding the household conditions of the child.

(2) The documents referred to in Paragraph one of this Section shall be requested by a procedurally authorised official.

(3) The documents referred to in Paragraph one of this Section shall be appended also to the administrative violation matter or verification materials of the violation if they are of significance for correct deciding the case. The documents shall be requested by the authority (official) which (who) is authorised to commence record-keeping in the administrative violation case or examine the administrative violation case.

[15 December 2005; 19 December 2006; 22 April 2010; 28 April 2016]

Section 17.

(1) A decision to refuse to commence criminal proceedings and a decision to terminate criminal proceedings due to sending of the materials to the court to decide on the matter regarding application of compulsory measures of a correctional nature shall be taken by a procedurally authorised person who shall send the offence inspection materials or the terminated criminal proceedings to a district (city) court.

(2) A decision regarding the sending of administrative violation case or violation inspection materials to an administrative commission shall be taken by the authorities (officials) authorised for commencement of record-keeping in the administrative violation case or to examine administrative violation cases.

[19 December 2006]

Chapter IV
Examination of Matters in a Court and in the Administrative Commission

Section 18.

(1) A judge shall examine the offence inspection materials or the materials of the terminated criminal proceedings which have been sent to the court to decide on the matter regarding the application of compulsory measures of a correctional nature to a child in accordance with the procedures laid down in this Law.

(2) An administrative commission shall examine the violation inspection materials or the administrative violation matters, which have been sent to the administrative commission for decision on the matter regarding the application of compulsory measures of a correctional nature, in accordance with the procedures specified by the law insofar as it complies with the procedures specified in this Chapter.

[19 December 2006]

Section 19.

A court or an administrative commission shall examine cases on application of compulsory measures of a correctional nature to children according to the place of residence of a child.

Section 20.

(1) A judge and an administrative commission shall examine cases on application of compulsory measures of a correctional nature and take a decision within the period of 15 days after the receipt of the inspection materials or the case.

(2) If settlement provisions are not fulfilled within the time period specified, a judge shall examine the case within 15 days after receipt of the notification of the State Probation Service, victim or his or her representative.

(3) If settlement provisions are not fulfilled within the time period specified, an administrative commission shall examine the case within 15 days after receipt of the notification of the victim or his or her representative.

[22 April 2010]

Section 20.1

(1) If a child has committed an offence, the reconciliation of him or her with the victim or representative of the victim and entering into settlement may be facilitated by an intermediary trained by the State Probation Service.

(2) If the judge considers that a settlement is possible in the case and it is useful to involve an intermediary, he or she may inform the State Probation Service thereof.

[22 April 2010]

Section 21.

(1) A prosecutor, the child, one of his or her parents (guardian), or a representative of the Orphan's and Custody Court, an advocate, a specialist from an institution for the protection of the rights of the child, and a police inspector shall participate mandatorily in the court hearing.

(11) The child, one of his or her parents (guardian), or a representative of the Orphan's and Custody Court, a representative of the administrative commission, a representative of the local government institution which carries out prophylactic work related to violations of law with children, and a police representative shall participate in the court hearing in which a request of the administrative commission regarding application of a compulsory measure of a correctional nature is examined.

(2) The child, one of his or her parents (guardian), or a representative of the Orphan's and Custody Court, social service office, or other local government institution which carries out prophylactic work related to violations of law with children, and a police representative shall participate mandatorily in an administrative commission meeting.

(3) The administrative commission, if necessary, shall invite a representative of the Orphan's and Custody Court, educational institution, social assistance institution or medical treatment institution and shall hear out his or her opinion on the compulsory measure of a correctional nature to be applied.

(4) The persons referred to in this Section have the right to become acquainted with the case on application of compulsory measures of a correctional nature to a child, to submit petitions, as well as to submit additions prior to the court hearing.

[18 June 2015; 28 April 2016]

Section 22.

A judge or an administrative commission may also invite to a court hearing persons, who can provide information regarding the child and the offence or violation he or she has committed, in order to listen to the explanations by such persons.

Section 23.

(1) If his or her legal representative has not chosen an advocate for a child, a court shall ensure the participation of the advocate during the adjudication of the case.

(2) A judge has the right to waive a child and his or her legal representative the fee for legal assistance entirely or partly in accordance with the procedures specified by the law.

Section 24.

(1) A court and an administrative commission shall notify the persons referred to in Section 21 of this Law regarding the time and place of the court hearing.

(2) If a child does not appear in a court hearing due to a justified reason, the adjudication of the case shall be suspended.

(3) If a child avoids to attend a hearing upon a court invitation, a judge may take a decision regarding his or her forced conveyance, which the State Police shall ensure.

(4) If a child avoids to attend an administrative commission meeting, the administrative commission shall apply a compulsory measure of a correctional nature without presence of the child on the basis of the materials present in the case.

[28 April 2016]

Section 25.

Cases on the application of compulsory measures of a correctional nature to a child shall be examined in a closed court hearing or administrative commission meeting.

Section 25.1

(1) A child and a victim or their representatives may notify regarding a settlement in the case provided for in The Criminal Law up to the retiring of the court to the deliberation room.

(2) A settlement shall be submitted in writing and attached to the case materials. It shall be indicated in the settlement that it has been entered into voluntarily and the victim or his or her representative understands the consequences and provisions of the settlement.

(3) If the child and victim or their representatives notify orally regarding a settlement during a court session, an entry shall be made regarding the settlement in the minutes of the court session, and the child and his or her representative, and also the victim or his or her representative shall sign the minutes. The parties may also submit a notarially certified settlement to the judge.

(4) If the child and victim or their representatives notify regarding a settlement up to the retiring of the court to the deliberation room, a judge may take a decision to terminate the case regarding application of compulsory measures of a correctional nature to the child without verification of the materials of the case.

[22 April 2010]

Section 25.2

(1) A child and victim or their representatives may notify regarding a settlement up to the end of the meeting of the administrative commission.

(2) A settlement shall be submitted in writing and attached to the case materials. It shall be indicated in the settlement that it has been entered into voluntarily and the victim or his or her representative understands the consequences and provisions of the settlement.

(3) If the child and victim or their representatives notify orally regarding a settlement during a meeting of the administrative commission, the settlement shall be made in writing, and the child and his or her representative, and also the victim or his or her representative shall sign the minutes. The parties may also submit a notarially certified settlement to the administrative commission.

(4) If the child and victim or their representatives notify regarding a settlement up to the end of the meeting of the administrative commission, the administrative commission may take a decision to terminate the case regarding application of compulsory measures of a correctional nature to the child without verification of the materials of the case.

[22 April 2010; 28 April 2016]

Section 26.

(1) After the evaluation of all circumstances, a judge shall take one of the following decisions:

1) to apply one of the basic compulsory measures of a correctional nature specified in this Law or a basic compulsory measure and an additional compulsory measure. The time period for the commencement of execution of the compulsory measure of a correctional nature shall be indicated in the decision;

2) to send materials back to a prosecutor for performance of an additional inspection; or

3) to terminate a case on the application of compulsory measures of a correctional nature to a child.

(2) After the evaluation of all circumstances, an administrative commission shall take one of the following decisions:

1) to apply one of the basic compulsory measures of a correctional nature specified in this Law or a basic compulsory measure and an additional compulsory measure. The time period for the commencement of execution of the compulsory measure of a correctional nature shall be indicated in the decision;

2) to terminate a case on the application of compulsory measures of a correctional nature to a child.

[28 April 2016]

Section 27.

An administrative commission shall take a decision to terminate a case on the application of compulsory measure of a correctional nature to a child if:

1) it shall transfer the materials for examination in accordance with the procedures laid down in the Criminal Procedure Law;

2) no incident occurred or no administrative liability was prescribed for the actions determined;

3) a child, who has committed the unlawful act or failure to act, is mentally incapable;

4) a child has acted in a state of absolute emergency or legitimate self-defence;

5) an enactment, which determines administrative liability, has been revoked;

6) two months have passed until the day of taking a decision counting from the day of receipt of the administrative violation case or violation verification materials;

7) a decision of the competent authority (official) on the application of a compulsory measure of a correctional nature, the imposition of an administrative punishment, or the termination of a case of violation pertaining to the same fact with regard to the child has already been taken, as well as if criminal procedures have been commenced pertaining to the same fact;

8) a child, against who a record keeping has been commenced, is dead.

[19 December 2006; 28 April 2016]

Section 27.1

(1) If after receipt of the materials of a case the judge considers that it is possible to terminate the case on the basis of a settlement, he or she shall prepare a proposal to enforce the settlement and send it to the State Probation Service, concurrently indicating the time period of entering into the settlement and the date of the court hearing. A copy of the proposal shall be sent to the child who has committed an offence and to the victim or his or her representatives. The time period for entering into the settlement may not exceed two months from the day when the proposal of the judge is received.

(2) If a judge receives information from the State Probation Service that the parties involved in the settlement cannot reach an agreement or refuse to participate in the settlement, he or she shall examine the case regarding application of a compulsory measure of a correctional nature to a child within the time period specified previously.

(3) If until the court hearing a judge receives information from the State Probation Service regarding execution of the settlement, he or she may take a decision to terminate the case on the basis of the settlement, releasing the child from the application of the compulsory measure of a correctional nature.

(4) If a judge receives a notification of the State Probation Service or a notarially certified notification of a victim or his or her representative on entering into the settlement by the parties, he or she shall postpone examination of the case until the end of the time period for performance of the provisions of the settlement. If the provisions of the settlement are performed within the time period laid down, a judge may take a decision to terminate the case, releasing the child from the application of the compulsory measure of a correctional nature.

[22 April 2010]

Section 27.2

(1) If after receipt of the materials of the case an administrative commission considers that it is possible to terminate the case on the basis of a settlement, it shall prepare a proposal to enforce the settlement and send it to the child who has committed an offence, and the victim or their representatives, concurrently indicating the time period for entering into the settlement and the date of the administrative meeting. The time period for entering into the settlement may not exceed two months from the day when the proposal of the administrative commission is received.

(2) If an administrative commission receives information from the parties that the parties involved in the settlement cannot reach an agreement or refuse to participate in the settlement, he or she shall examine the case regarding application of a compulsory measure of a correctional nature to a child within the time period specified previously.

(3) If an administrative commission receives information from the parties until a meeting of the administrative commission regarding execution of the settlement, it may take a decision to terminate the case on the basis of the settlement by releasing the child from the application of the compulsory measure of a correctional nature.

(4) If an administrative commission receives a notarially certified notification of the victim or his or her representative on entering into the settlement by the parties, it shall postpone examination of the case until the end of the time period for performance of the provisions of the settlement. If the provisions of the settlement are performed within the time period specified, an administrative commission may take a decision to terminate the case, releasing the child from the application of the compulsory measure of a correctional nature.

[22 April 2010]

Section 28.

(1) A prosecutor may submit a protest regarding a decision of a judge, which has not come into legal force, but the other persons referred to in Section 21, Paragraph one of this Law may appeal this decision to a regional court within a period of 10 days after the adoption thereof.

(2) Lawful representatives of the child and the victim (if the victim is a child - his or her lawful representatives) may appeal a decision of the administrative commission to the district (city) court within 10 working days after taking thereof. The norms of the Latvian Administrative Violations Code shall be applied to examination of the complaint.

[28 April 2016]

Chapter V
Execution of a Decision on Application of Compulsory measures of a correctional Nature

Section 29.

(1) A judge or an administrative commission shall send a decision to apply a compulsory measure of a correctional nature - warning - to a child for information to the local government of the place of residence of the child.

(2) A judge or an administrative commission shall send a decision to apply a compulsory measure of a correctional nature - a duty to apologise to the victims if they agree to meet with the guilty party - to a child for execution to the local government of the place of residence of the child.

(3) A judge or administrative commission shall send a decision to apply of a compulsory measure of a correctional nature - placing a child in the custody of parents or guardians, as well as other persons, authorities or organisations - to a child for execution to the local government of the place of residence of the child and for information to the person, institution or organisation to which the child is transferred under warranty.

(4) A judge or an administrative commission shall send a decision to apply a compulsory measure of a correctional nature - a duty to eliminate by his or her work the consequences of the harm caused - to a child for execution to the local government of the place of residence of the child.

(5) A judge or an administrative commission shall send a decision to apply a compulsory measure of a correctional nature - a duty to reimburse the harm caused - to a child for execution to the local government of the place of residence of the child.

(6) If a child has committed such offence for which criminal liability is provided for in the law, a judge shall send a decision to apply a compulsory measure of a correctional nature - behaviour restriction - to a child (Section 10.1, Paragraph three, Clauses 1, 2, 3, and 4 of this Law) for execution to the structural unit of the State Police of the place of residence of the child and for further action to the local government of the place of residence of the child.

(7) A judge or administrative commission shall send a decision to apply a compulsory measure of a correctional nature - behaviour restriction to a child (Section 10.1, Paragraph three, Clauses 5, 6, and 7 of this Law) for execution to the local government of the place of residence of the child.

(8) A judge shall send a decision to apply a compulsory measure of a correctional nature - a duty to perform community services - to a child for execution to the State Probation Service and to the local government of the place of residence of the child.

(9) A judge shall send a decision to apply a compulsory measure of a correctional nature - placement in an educational institution for social correction - to a child for execution to the local government of the place of residence of the child. The head of the relevant institution shall supervise execution of the decision to place in an educational institution for social correction.

[22 April 2010; 18 June 2015]

Section 30.

[22 April 2010]

Section 31.

A person who in an executive body supervises execution of a decision to apply compulsory measures of a correctional nature to a child shall set up a file for each child which is updated regularly with information regarding the results of application of compulsory measures of a correctional nature.

[22 April 2010]

Section 32.

(1) If a person who in an executive body supervises execution of a decision to apply compulsory measures of a correctional nature to a child in case of the offence or violation determines that the child dutifully and with integrity complies with the rules of the compulsory measure applied to him or her and does not commit new violations of the law, he or she may submit a justified proposal to a court or administrative commission in writing regarding reducing the duration of application of the compulsory measure of a correctional nature.

(2) If a person who in an executive body supervises execution of a decision to apply compulsory measures of a correctional nature to a child in case of the offence or violation determines that the child does not properly comply with the duties imposed on him or her or deliberately avoids execution of the decision to apply a compulsory measure of a correctional nature, he or she may submit a justified proposal to a court or administrative commission in writing to extend the duration of application of the compulsory measure of a correctional nature or to replace the compulsory measure of a correctional nature with a stricter compulsory measure.

(3) The performance of community services shall be suspended until examination of the case in a court in the cases provided for in this Section.

[15 December 2005; 22 April 2010]

Section 32.1

(1) If a child is not able to perform community services due to sickness, his or her lawful representative shall notify the State Probation Service thereof which shall allow not to perform community services for the time period of sickness and make the relevant entry thereon in the personal file.

(2) If a child is not able to perform community services due to significant reasons for him or her not referred to in Paragraph one of this Section, his or her lawful representative shall notify the State Probation Service thereof which, upon recognising the reasons for non-performance of community services as justified, may allow not to perform community services for a period of time which is not longer than one month and make the relevant entry thereon in the personal file.

(3) The State Probation Service may refuse a submission of a child or his or her lawful representative with a request not to perform temporarily community services if:

1) the child has not applied to the State Probation Service for performance of community services within 10 days after entering into effect of the ruling and is notified thereon;

2) the child has received a warning during performance of community services regarding violation of provisions and procedures for the performance of community services.

(4) A decision on permission not to temporarily perform community services or a decision to refuse a submission of a child or his or her lawful representative with a request to allow not to perform temporarily community services shall be taken by the territorial structural unit of the State Probation Service. The child or his or her lawful representative may submit a complaint to the head of the State Probation Service regarding a decision of the territorial structural unit of the State Probation Service to refuse the submission of the child or his or her lawful representative with a request to allow not to perform temporarily a community service. The decision of the head of the State Probation Service may not be appealed.

[18 June 2015]

Section 33.

(1) A judge or an administrative commission, upon proposal of the person who supervises execution of the decision in an executive body to apply compulsory measures of a correctional nature to a child, may take a decision to shorten or extend the duration of application of a compulsory measure of a correctional nature within the period of time laid down in this Law and in accordance with the procedures laid down in Chapter IV.

(2) If a child deliberately avoids the execution of the decision on application of the compulsory measure of a correctional nature, a judge or an administrative commission may replace the applied compulsory measure of a correctional nature with a stricter compulsory measure.

(21) If a child deliberately avoids execution of the decision to apply the compulsory measure of a correctional nature and an administrative commission has used the possibilities to apply stricter compulsory measure of a correctional nature or there is no stricter compulsory measure of a correctional nature at the disposal of the administrative commission which could be applied for the particular violation, it may submit a motivated request to a court to apply such compulsory measure of a correctional nature to the child the application of which is not within the competence of the administrative commission. The court shall examine the case in accordance with the procedures laid down in Chapter IV of this Law. When examining the case, the court shall assess whether the objectives of the compulsory measure of a correctional nature referred to in this Law will be achieved upon applying a stricter compulsory measure of a correctional nature to the child.

(3) The court shall examine the cases regarding shortening or extension of the duration of staying in an educational institution for social correction according to the location of the institution.

[22 April 2010; 28 April 2016]

Chapter VI
Additional Provisions for Execution of a Decision to Place in an Educational Institution for Social Correction

[22 April 2010]

Section 34.

(1) [22 April 2010]

(2) [22 April 2010]

(3) The Cabinet shall determine the procedures by which a child is placed in an educational institution for social correction.

(4) The internal rules of procedure of the educational institution for social correction and the punishments provided for violating them shall be determined by the Cabinet.

[22 April 2010]

Section 35.

(1) If a child endangers his or her own or other persons' life or health, the educational institution for social correction may isolate him or her from other children for a period of time not exceeding 48 hours.

(2) A decision regarding the necessity to isolate the child shall be taken by the head of the relevant institution upon a justified proposal, which has been submitted by the institution employee responsible for the education and care of the child.

(3) The reason for isolation shall be explained to the child.

(4) A reinforced supervision and the appropriate conditions for his or her health as well as the physical and mental needs shall be ensured for the child during his or her isolation.

(5) All actions toward a child and the behaviour of the child shall be recorded in writing in chronological order.

(6) The head of an educational institution for social correction shall be responsible for the procedures of applying isolation to a child, the isolation conditions and the duration of isolation.

Section 35.1

(1) The time period during which the child has been arbitrarily absent shall not be included in the time period spent in the educational institution for social correction. The moment when a submission of the educational institution for social correction regarding search for the child has been registered with the State Police shall be deemed as the beginning of arbitrary absence. Arbitrary absence shall end with the moment when the State Police has provided a notification to the educational institution for social correction that the child has been found, or the educational institution for social correction has withdrawn its submission to the State Police regarding search for the child.

(2) If the child has left the educational institution for social correction and is in arbitrary absence and the police has detected his or her location, the child may be placed in the State Police prophylactic institution for children.

The child shall stay in the State Police prophylactic institution for children until the time when a representative of the educational institution for social correction arrives for him or her, but not longer than five days.

[22 April 2010]

Section 35.2

If a child has attained 18 years of age and a compulsory measure of a correctional nature - placement in an educational institution for social correction - is not executed due to arbitrary absence of the child, a judge, when examining the application of the head of the educational institution for social correction, shall decide on continuation of execution of the compulsory measure of a correctional nature in the educational institution for social correction or replacement thereof with a criminal punishment in accordance with the procedures laid down in Chapter IV of this Law.

[22 April 2010]

Section 36.

(1) Not later than three months prior to the day a child is to leave an educational institution for social correction the head of this institution shall notify thereof the local government of the child's previous place of residence and the State Police.

(11) After the time period laid down in the decision of the judge the head of the educational institution for social correction may request the court, on the basis of a submission of the child and (if the child has not attained 18 years of age) one of his or her parents (guardians), to allow that the child (pupil) stays in the educational institution for social correction until the end of the study year. The judge shall examine the submission in accordance with the procedures laid down in Chapter IV of this Law.

(2) If necessary, the local government social service in co-operation with health care and other institutions shall perform measures for re-integration of the child into the society.

[22 April 2010]

Transitional Provisions

1. With the coming into force of this Law, the Law On Application of Compulsory Measures for Juveniles (Republic of Latvia Supreme Council and Government Bulletin, 1993, no.24) is repealed.

2. [3 June 2004]

3. In developing a draft of the State budget for 2005 the Cabinet shall include therein the necessary financing for the implementation of this Law.

[11 December 2003]

4. Section 13, Paragraph three of this Law in the new wording shall come into force on 1 January 2012.

[22 April 2010]

5. An administrative commission of the local government may decide on application of compulsory measures of a correctional nature also in those cases which have been commenced until 31 May 2016 and sent to the administrative commission for the application of the administrative punishment.

[28 April 2016]

This Law shall come into force on 1 January 2005.

[11 December 2003]

The Law has been adopted by the Saeima on 31 October 2002.

President V. Vīķe-Freiberga

Rīga, 19 November 2002

 


1 The Parliament of the Republic of Latvia

Translation © 2018 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 31.10.2002.Entry into force: 01.01.2005.Theme:  Criminal justice; Children and family rightsPublication: Latvijas Vēstnesis, 168, 19.11.2002.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 23, 12.12.2002.
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