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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.10.2006.–31.12.2014.
Amendments not included: 17.12.2014., 28.05.2015., 28.05.2020., 06.05.2021.

Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of:

27 December 2002;
29 May 2003;
11 November 2004;
15 June 2006.

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 the President has proclaimed the following Law:

Prisons Administration Law

Chapter I
General Provisions

Section 1. Purpose of this Law

The purpose of this Law is to ensure the operation of the Prisons Administration in accordance with the principles of legality and human rights.

Section 2. Prisons Administration

(1) The Prisons Administration (hereinafter - Administration) is a State administrative institution subordinated to the Ministry of Justice, which implements State policy in the field of detention as a security measure and the deprivation of liberty as the execution of a criminal punishment.

(2) A director shall manage the Administration; the Cabinet shall approve the candidate for the position of director, but the Minister for Justice shall appoint and remove the director from office.

(3) The Administration shall consist of the Central office, a Training Centre, as well as prisons and remand prisons (hereinafter - prisons).

(4) The Administration has the rights of a person performing investigative fieldwork in order to carry out the prevention of criminal offences, to preclude and disclose such offences, to determine the persons who have committed a criminal offence and the sources of evidence.

(5) The Administration shall compile information regarding pre-trial detainees or sentenced persons who are located or have been located in prisons.

(6) The Cabinet shall approve the by-law of the Administration.

[11 November 2004; 15 June 2006]

Section 3. Symbols of the Administration

(1) The Administration shall have a seal with the supplemented lesser State coat of arms and the full name of the institution, as well as a flag.

(2) The Training Centre and prisons have the right to use a seal with the lesser State coat of arms and the full name of the institution.

Section 4. Staff of the Administration

(1) The Administration staff shall be comprised of officials with special service ranks (hereinafter - officials), general State civil service civil servants and employees.

(2) An official is a person with an appropriate professional education, qualification and special service rank, who have taken the oath and serves in the Administration. The rights and duties of an official shall be determined by this Law.

(3) The State Civil Service Law shall determine the legal status, rights, duties and social guarantees of a general State civil service civil servant.

(4) The Labour Law shall regulate the employment legal relations of employees.

[15 June 2006]

Section 5. Supervision of the Operation of the Administration [11 November 2004]

Chapter II
Operation of Prisons and the Training Centre

Section 6. Prisons

(1) Prisons shall carry out the execution of pre-trial detention as a security measure and deprivation of liberty as a criminal sentence, as well as shall ensure mental care, instruction, employment and resocialisation of sentenced persons.

(2) There are the following prisons:

1) remand prisons;

2) closed prisons;

3) semi-closed prisons;

4) open prisons; and

5) correctional institutions for juveniles.

(3) A prison is a structural unit of the Prisons Administration.

(4) A prison governor has:

1) the rights of a manager of an investigatory operations institution specified in the Investigatory Operations Law;

2) [15 June 2006]

[15 June 2006]

Section 7. Security Regime

(1) Adult males to whom pre-trial detention is applied as a security measure or who are serving their sentence in closed or semi-closed prisons shall be guarded by officials of prisons armed with a service weapon.

(2) Other pre-trial detainees or sentenced persons shall be guarded in prisons by officials of prisons without weapons.

Section 8. Visiting Prisons

(1) The following persons have the right to visit prisons without a special permit;

1) the President;

2) the Chairperson of the Saeima;

3) the Prime Minister;

4) the Minister for Justice and the State Secretary of the Ministry of Justice;

5) the Prosecutor General and the prosecutors subordinated to him or her who perform supervision at prisons, as well as the chief prosecutors of the Office of the Prosecutor of the judicial regions in the territory of which the relevant prisons are located;

6) [11 November 2004]; and

7) the Ombudsman.

(2) Other persons are entitled to visit prisons in accordance with the procedures specified by regulatory enactments.

[11 November 2004; 15 June 2006]

Section 9. Operation of the Training Centre

The Training Centre shall be managed by a director. The Training Centre shall ensure the professional training of such employees of the Administration who do not have a special service rank, as well as the improvement of the professional qualification of officials.

Chapter III
Career Course of Service of Officials [15 June 2006]

Section 10. General Requirements for an Applicant to an Official Position [15 June 2006]

Section 11. Competition for Official Vacancies [15 June 2006]

Section 12. Candidate Conformity Assessment [15 June 2006]

Section 121. Qualification Categories of Official Positions [15 June 2006]

[11 November 2004; 15 June 2006].

Section 13. Appointment of an Applicant to an Official Position [15 June 2006]

Section 14. Trainees [15 June 2006]

[11 November 2004; 15 June 2006]

Section 15. Oath of Officials [15 June 2006]

Section 16. Transfer of an Official [15 June 2006]

[29 May 2003; 15 June 2006]

Section 17. Suspension of an Official from the Performance of the Duties of Office [15 June 2006]

[11 November 2004; 15 June 2006]

Section 18. Disciplinary Sanctions Against an Official [15 June 2006]

Section 19. Equalisation of Special Service Ranks [15 June 2006]

Section 20. Dismissal from Service [15 June 2006]

[11 November 2004; 15 June 2006]

Section 21. Career Course of Service [15 June 2006]

Chapter IV
Rights and Duties of an Official

Section 22. Rights and Duties of an Official

(1) A official, in performing service tasks, has the following rights and duties:

1) to request in accordance with the procedures specified in laws and other regulatory enactments that persons cease violations of the law and other actions that interfere with the performance of the duties of a official, as well as to use the provided for compulsory measures against offenders;

2) to check personal identification documents, as well as other documents, in accordance with the procedures specified by regulatory enactments;

3) to survey detained and sentenced persons in prisons in accordance with the procedures specified by the Cabinet in order to determine whether such persons have used alcohol, narcotic or psychotropic substances;

4) to perform an inspection of persons, an examination of personal effects and clothing, to remove objects, articles and substances that are prohibited from being brought into, used and kept in a prison in accordance with the procedures specified by law;

5) to perform pre-trial investigations in conformity with the competence specified in the Criminal Procedure law;

6) to perform investigatory operations in full extent, in accordance with the competence thereof and the procedures specified in the Investigatory Operations Law, in order to disclose, cease and preclude criminal offences in prisons; and

7) in accordance with the procedures specified by the Cabinet, to carry and store a firearm that has been issued to the official for official use.

(2) A official shall be issued a service identification card to certify his or her authority, the sample of which shall be approved by the Minister for Justice.

(3) A official shall observe the rules of professional conduct in performing service duties.

(4) A official is prohibited from organising strikes and participating therein.

[11 November 2004]

Section 23. Right of a Official to Use Physical Force, Special Combat Methods and Special Means

(1) A official has the right to use physical force, special combat methods and special means - handcuffs, strait-jackets, batons, electric shock devices, service dogs, tear-eliciting substances, devices for opening premises occupied by offenders and devices for overturning barriers - in a prison in order to:

1) repel an attack on oneself or other persons;

2) repel an attack on buildings, premises, structures and transport equipment or to clear forcibly occupied objects;

3) free hostages;

4) prevent civil disorders;

5) detain a person who does not submit to or resists the official, may run away or cause harm to himself or herself and other persons (if there is a reason to believe so); or

6) stop an escape attempt of detained or sentenced persons.

(2) A official is prohibited from using special combat methods and special means (except handcuffs) against women, minors and disabled persons with obvious signs of disability except in cases when such persons participate in a group attack, endanger the lives or health of the official, employee or other persons, or show armed resistance.

(3) A official has a duty to provide first aid and organise emergency medical assistance if there are victims as a result of the use of physical force or special means. The governor of a prison shall notify the Director of the Administration, the State Secretary of the Minister for Justice and a prosecutor immediately (but not later than within a period of 24 hours) regarding all cases of utilisation of special means (except handcuffs).

(4) Prior to the utilisation of special means, a warning regarding the intent to use special means shall be given if the circumstances and situation allow for such warning.

[11 November 2004]

Section 24. Right of a Official to Use a Firearm

(1) A official is entitled to use a firearm as a means of last resort in order to:

1) defend against persons who pose immediate danger to the life or health of him or her or other persons;

2) prevent an attempt to forcibly obtain a firearm;

3) prevent an escape of a pre-trial detainee or sentenced person, to detain an escaped pre-trial detainee or sentenced person;

4) detain a person who shows armed resistance or who refuses to comply with the lawful request of a official to hand over a weapon or explosives;

5) detain a person at the time of committing a serious or especially serious crime, or immediately after committing such crime; or

6) stop an illegal and forcible entry of persons into a prison.

(2) If civil disorders or mass resistance to officials involving riots, arson or hostage taking occur at a prison and if it is not possible to stop such activities by other means, firearms may be used on the basis of an oral order of the Minister for Justice, the State Secretary of the Ministry of Justice, the Director of the Administration or his or her deputy.

(3) Prior to using a firearm, a warning regarding the intent to do so must be given orally or by firing a warning shot.

(4) A firearm may be used without warning if:

1) a sudden armed attack on a prison takes place;

2) a sudden armed attack on a official or another person takes place, as well as if a means of transport is used in the attack;

3) such use is necessary in order to free a hostage;

4) an escape from a prison takes place by using a weapon or a means of transport, as well as if an escape takes place at night or in the conditions of poor visibility, or from a means of transport while such means of transport is in motion, or an escape takes place in a group; or

5) a pre-trial detainee or sentenced person who shows armed resistance is detained.

(5) It is prohibited to use a firearm in places where other persons could suffer as a result of the use thereof, as well as against women, minors and disabled persons with obvious signs of disability, except in cases when such persons participate in an armed attack, show armed resistance or endanger the lives of other persons in a group.

(6) In a case of firearm use, a official shall do all in his or her power to guarantee the safety of other persons, as well as to provide the necessary medical assistance to victims. The governor of a prison shall notify the Director of the Administration, the State Secretary of the Minister for Justice and a prosecutor immediately (but not later than within a period of 24 hours) regarding each case of firearm use.

[11 November 2004]

Chapter V
Legal Protection and Operational Guarantees for a Official

Section 25. Legal Protection of a Official

(1) A official is a representative of State authority, and the lawful requirements he or she puts forth while performing service duties shall be complied with by all persons.

(2) A official is under State protection - his or her life, health, honour and dignity shall be protected by the State.

(3) Defamation of a official, resistance to a official, threats to the health or life of a official, and actions that interfere with his or her performance of service duties shall be punishable in accordance with the procedures specified by regulatory enactments.

Section 26. General Operational Guarantees for Officials

(1) Orders and decisions of political organisations (parties) and associations or representatives thereof shall not be binding on a official.

(2) The actions of a official in a justified professional risk situation shall not be considered a violation of the law, even if elements of an offence for which disciplinary, administrative, civil or criminal liability has been specified can be determined in such actions. A professional risk shall be considered justified if the official has acted in accordance with the information at his or her disposal regarding the facts and circumstances, but the lawful objective was not attainable without actions involving risk, and if such official, by allowing the risk, has done everything possible to prevent potential harm.

(3) A official shall not be liable for the material and physical damage that has been caused within the scope of authority of service to an offender who does not submit to or resists a official, as well as for the material and physical damage caused to a third person.

Chapter VI
Social Guarantees of an Official [15 June 2006]

Section 27. Work Remuneration [15 June 2006]

[11 November 2004; 15 June 2006]

Section 28. Partial State Provision of an Official [15 June 2006]

Section 29. Insurance [15 June 2006]

Section 30. Allowance in Case of Injury of an Official and in Case of the Death of an Official or His or Her Family Member [15 June 2006]

Section 31. Childbirth Allowance [15 June 2006]

Section 32. Compensation to Cover Travel Expenses [15 June 2006]

Section 33. In-Service Training and Coverage of Training Expenses [15 June 2006]

[11 November 2004; 15 June 2006]

Section 34. Annual Leave [15 June 2006]

Section 35. Sabbatical Leave [15 June 2006]

[11 November 2004; 15 June 2006]

Section 36. Leave without Retention of Work Remuneration and Rations Compensation [15 June 2006]

[11 November 2004; 15 June 2006]

Section 37. Compensation to Officials Dismissed from Service and to Officials who are Transferred to Another Position or Job that is Connected with a Change of the Place of Residence [15 June 2006]

[11 November 2004; 15 June 2006]

Section 38. Service Pension of an Official [15 June 2006]

Transitional Provision

A competition for the vacant official positions referred to in Section 11, Paragraph three, Clause 1 of this Law shall not be announced until 2004.

This Law shall come into force on 1 January 2003.

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

President V. Vīķe-Freiberga

Rīga, 19 November 2002

 

Transitional Provisions Regarding Amendments to the Prisons Administration Law

Transitional Provision
(regarding amending law of 15 June 2006)

Section 5 of this Law shall come into force on 1 January 2007.

 


1 The Parliament of the Republic of Latvia

Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Title: Ieslodzījuma vietu pārvaldes likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 31.10.2002.Entry into force: 01.01.2003.Theme: State institutions, public service; Criminal justicePublication: Latvijas Vēstnesis, 168, 19.11.2002.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 23, 12.12.2002.
Language:
LVEN
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