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 genderneutral terms, e.g. chairperson.
The Saeima1 has adopted
and the President has proclaimed the following Law:
Punishment Register Law
Chapter I
General Provisions
Section 1.
The purpose of this Law is to establish uniform registration regarding persons who
have committed criminal offences and administrative violations, as well as to ensure the
possibility for State and local government institutions and other interested persons to acquire
information in accordance with specified procedures regarding the information included in the
Punishment Register (hereinafter – Register).
Section 2.
The following information shall be compiled, processed and kept in the Register:
1) regarding legal persons to which a coercive measure has been applied, regarding
natural persons who have been arrested, are suspected, have been accused, convicted or
acquitted for committing a criminal offence, against whom criminal proceedings have been
terminated in the Republic of Latvia, as well as regarding persons to whom administrative
penalties have been applied in the Republic of Latvia; and
2) regarding legal persons registered in Latvia, citizens of Latvia, non-citizens of
Latvia, foreigners who have received permanent residence permits in Latvia, stateless persons
and refugees, who have committed criminal offences and administrative violations in other
states.
Section 3.
(1) Information included in the Register shall be restricted access information, except the
information that has been specified by other regulatory enactments as generally accessible
information.
(2) Information included in the Register shall be revealed in accordance with the procedures
and in the amount specified in this Law.
Section 4.
The Register shall be a State information system in the use of which the circulation of
the information necessary for the determination of administrative liability and for criminal
proceedings is ensured. The manager and holder of the Register shall be the Information
Centre of the Ministry of the Interior.
1
The Parliament of the Republic of Latvia
Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)
Section 5.
Information regarding Latvia-registered legal persons punished in foreign states,
citizens of Latvia punished in foreign states, non-citizens of Latvia, foreigners who have
received permanent residence permits in Latvia, stateless persons and refugees shall be
included in the Register in accordance with the international agreements binding on the
Republic of Latvia.
Chapter II Information to be Included in the Register
Section 6.
The Register shall contain the following information regarding a person arrested in
criminal proceedings:
1) the given name (names), surname of the person;
2) personal identity number (date of birth shall be additionally indicated for foreigners,
stateless persons and refugees);
3) nationality and the type thereof;
4) the place of residence (declared and actual);
5) the criminal matter number in pre-trial criminal proceedings;
6) the date when criminal proceedings were commenced;
7) the legal classification of the criminal offence;
8) the date when the person was arrested, as well as the name of the institution that
arrested the person
9) the name of the institution in the record-keeping of which the criminal matter is
located;
10) the date when the arrested person was released, as well as the name of the
institution that released the person without taking a decision regarding the recognition of such
person as a suspect;
11) Section, Paragraph and Clause of the Criminal Procedure Law on the basis of
which criminal proceedings have been terminated and the date of termination thereof; and
12) information regarding changes to the data of the person (date, the old and the new
data).
Section 7.
The Register shall contain the following information regarding a person suspected of
committing a criminal offence:
1) the given name (names), surname of the person;
2) personal identity number (date of birth shall be additionally indicated for foreigners,
stateless persons and refugees);
3) nationality and the type thereof;
4) the place of residence (declared and actual);
5) the name of the institution in the record-keeping of which the criminal matter is
located;
6) the criminal matter number in pre-trial criminal proceedings;
7) the date when criminal proceedings were commenced;
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8) the date when the person was recognised as a suspect, as well as the name of the
institution that took a decision regarding the recognition of such person as a suspect;
9) the legal classification of the criminal offence;
10) the date when a decision regarding the recognition of the person as a suspect was
revoked and the name of the institution that took the decision regarding revocation;
11) the date when the suspect was released, as well as the name of the institution that
released the person;
12) the type of security measure, the date of application, amendment or revocation
thereof and the name of the institution that took the relevant decision;
13) the date of joinder or separation of criminal proceedings, the name of the
institution that took a decision regarding the joinder or separation of the criminal proceedings,
and the numbers of the added or separated criminal matters;
14) the date when a search for the person was begun or completed, the name of the
institution that began or completed the search for the person, and the case number of the
search ;
15) the date of suspension or renewal of criminal proceedings, the name of the
institution that took a decision regarding the suspension or renewal of the criminal
proceedings;
16) Section, Paragraph and Clause of the Criminal Procedure Law on the basis of
which criminal proceedings have been terminated and the date of termination thereof;
17) information regarding the transfer of the detained person to a prison;
18) information regarding changes to the data of the person (date, the old and the new
data);
19) the name of such prosecutorial institution to which the criminal matter has been
sent for the commencement of criminal prosecution against the person, the date of sending of
the criminal matter, the name of the institution that sent the criminal matter to the Office of
the Prosecutor; and
20) the name of the institution to which the criminal matter has been sent in
accordance with jurisdiction (also the name of the state, if the matter has been sent to a
foreign state), the date of sending of the criminal matter, the name of the institution that sent
the criminal matter in accordance with jurisdiction.
Section 8.
The Register shall contain the following information regarding a person accused of
committing a criminal offence:
1) the given name (names), surname of the person;
2) personal identity number (date of birth shall be additionally indicated for foreigners,
stateless persons and refugees);
3) nationality and the type thereof;
4) the place of residence (declared and actual);
5) the name of such prosecutorial institution in the record-keeping of which the
criminal matter is located;
6) the criminal matter number in pre-trial criminal proceedings;
7) the date when criminal proceedings were commenced;
8) the type of security measure, the date of application, amendment or revocation
thereof and the name of the institution that took the relevant decision;
9) the legal classification of the criminal offence;
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10) the date of suspension or renewal of criminal proceedings, the name of the
prosecutorial institution that took a decision regarding the suspension or renewal of the
criminal proceedings;
11) the date of joinder or separation of criminal proceedings, the name of the
prosecutorial institution that took a decision regarding the joinder or separation of the criminal
proceedings and the numbers of the added or separated criminal matters;
12) the date when a search for the person was begun or completed, the name of the
prosecutorial institution that began or completed the search for the person, and the case
number of the search;
13) the date of commencement of criminal prosecution and the name of the
prosecutorial institution that began the criminal prosecution;
14) the name of the court to which the criminal matter has been sent, the date of
sending of the criminal matter, the name of the prosecutorial institution that sent the criminal
matter to the court;
15) Section, Paragraph and Clause of the Criminal Procedure Law on the basis of
which the criminal proceedings have been terminated and the date of termination thereof;
16) information regarding the transfer of the detained person to a prison;
17) information regarding changes to the data of the person (date, the old and the new
data);
18) the time period of probation and the duties imposed when the criminal matter is
terminated, conditionally releasing from criminal liability;
19) the date when criminal proceedings have been terminated, applying the
punishment prescription of a prosecutor and the name of the prosecutorial institution that
terminated the criminal proceedings, applying the punishment prescription of the prosecutor;
20) Section, Paragraph and Clause of the Criminal Procedure Law on the basis of
which criminal proceedings have been terminated, applying the punishment prescription of
the prosecutor;
21) the type and level of the applied punishment;
22) the date when the punishment specified in the punishment prescription of the
prosecutor was executed;
23) the name of the institution to which the criminal matter has been sent in
accordance with jurisdiction (also the name of the state, if the matter has been sent to a
foreign state), the date of sending of the criminal matter, the name of the prosecutorial
institution that sent the criminal matter in accordance with jurisdiction; and
24) the name of the prosecutorial institution that has sent the criminal matter for
additional investigation, the date of sending of the criminal matter, the name of the institution
to which the criminal matter has been sent for additional investigation.
Section 9.
The Register shall contain the following information regarding a person convicted
(acquitted) of committing a criminal offence:
1) the given name (names), surname of the person;
2) personal identity number (date of birth shall be additionally indicated for foreigners,
stateless persons and refugees);
3) nationality and the type thereof;
4) the place of residence (declared and actual);
5) the name of the court in the record-keeping of which the criminal matter is located;
6) the criminal matter number in pre-trial criminal proceedings;
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7) the date of suspension or renewal of adjudication of criminal proceedings, the name
of the court that took a decision regarding the suspension or renewal of the adjudication of the
criminal proceedings;
8) the date of joinder or separation of criminal proceedings, the name of the court that
took a decision regarding the joinder or separation of the criminal proceedings and the
numbers of the added or separated criminal matters;
9) the date when a search for the person was begun or completed, the name of the
court that began or completed the search for the person, and the case number of the search;
10) the date when a judgment or decision (hereinafter – adjudication) that has come
into legal effect was proclaimed;
11) the name of the court that proclaimed an adjudication that has come into legal
effect in a criminal matter;
12) Section, Paragraph and Clause of the Criminal Law on the basis of which the
person has been convicted (acquitted);
13) Section, Paragraph and Clause of the Criminal Procedure Law on the basis of
which criminal proceedings have been terminated and the date of termination;
14) the type and level of punishment imposed and the duties imposed by a court;
15) the amount of compensation for damage;
16) the date when the adjudication came into legal effect;
17) information regarding the application of a compulsory measure of a medical or
correctional nature (the date of application, the name of the court that has applied the
compulsory measure and the type of the compulsory measure);
18) the given name and surname of such judge who proclaimed the adjudication that
has come into legal effect;
19) application of clemency or amnesty;
20) the date when the imposed punishment was served (executed);
21) information regarding the transfer of the convicted person to a prison, as well as
regarding the release of such person (the name of the prison, the substantiation and date of
release);
22) the name of the populated area to which the person has decided to go after release
from prison;
23) information regarding the amendment of the imposed punishment (the name of the
court, the date and the new punishment);
24) information regarding the expungement of the person (the name of the court and
the date); and
25) information regarding changes to the data of the person (date, the old and the new
data).
Section 10.
The Register shall contain the following information regarding a coercive measure
applied to a legal person:
1) the name of the legal person;
2) the registration number of the legal person;
3) the legal address;
4) the criminal matter number in pre-trial criminal proceedings;
5) the date when criminal proceedings were commenced;
6) the date when proceedings regarding the application of a coercive measure to the
legal person were commenced;
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7) the name of the court that proclaimed the adjudication that has come into legal
effect in a criminal matter;
8) Section, Paragraph and Clause of the Criminal Law on the basis of which a natural
person has been convicted for a criminal offence committed in the interests of the legal person
and a coercive measure that has been applied to the legal person;
9) the type and level of the applied coercive measure;
10) the date when the adjudication came into legal effect;
11) the given name and surname of the judge who proclaimed an adjudication that has
come into legal effect;
12) the date when the court terminated criminal proceedings in the part regarding the
application of a coercive measure;
13) the date when the applied coercive measure was executed; and
14) information regarding changes to the data of the legal person (date, the old and the
new data).
Section 11.
The Register shall contain the following information regarding a person that has
committed an administrative violation:
1) the given name (names), surname of the person;
2) personal identity number (date of birth shall be additionally indicated for foreigners,
stateless persons and refugees);
3) nationality and the type thereof;
4) the place of residence (declared and actual);
5) the name, address and registration number of a legal person;
6) Section, Paragraph and Clause of the Administrative Violations Code of Latvia or
another regulatory enactment wherein the violation is specified for the commitment of which
the person has been held administratively liable;
7) the date, place and time of commitment of the administrative violation and the date
of the drawing up of an administrative violation report;
8) the institution (official) or the private individual performing a delegated
administrative task that has drawn up the administrative violation report, and the report
number;
9) the case number of the administrative violation;
10) information regarding the application of an administrative penalty [the institution
(official) or the private individual performing a delegated administrative task that has applied
the penalty, the decision number, date of application of the penalty, the type and level of the
penalty];
11) the amount of financial loss to be reimbursed;
12) the date when the penalty was served (executed); and
13) information regarding changes to the data of the person (date, the old and the new
data).
Section 12.
The Register shall contain information regarding a document (name, date, and number
of the document) on the basis of which the inclusion of the information and the
supplementation or correction of the existing information has been performed.
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Section 13.
(1) The following institutions shall provide information to the Information Centre of the
Ministry of the Interior for inclusion in the Register in accordance with the procedures and in
the amount specified by the Cabinet:
1) investigative institutions;
2) prosecutorial institutions;
3) courts;
4) the Prisons Administration;
5) the Clemency Board of the Chancery of the President;
6) institutions (officials) or private individuals performing a delegated administrative
task that shall draw up an administrative violation report;
7) institutions (officials) or private individuals performing a delegated administrative
task that are entitled to examine matters of administrative violations; and
8) other State and local government institutions having at their disposal information
required for the composition of the Register.
(2) The institutions referred to in Paragraph one of this Section shall be liable for timely
provision of information to the Register and the conformity of such information to the
supporting documents thereof.
Section 14.
In order to ensure the accumulation of true and actual information referred to in
Sections 6, 7, 8, 9, 10 and 11 of this Law and the completeness of the information, the
Information Centre of the Ministry of the Interior is entitled to request and receive
information free of charge from State and local government institutions and private
individuals who perform delegated administrative tasks.
Chapter III Provision of Information Included in the Register
Section 15.
(1) The following have the right to receive information from the Register:
1) private individuals – regarding himself or herself, as well as in the cases and in the
amount specifically indicated by regulatory enactments – other information at the disposal of
the Register;
2) subjects of operational activities, investigative institutions, prosecutorial institutions
and courts – for the performance of the functions specified by the regulatory enactments
regulating the operation of the relevant institutions;
3) institutions that are entitled to examine matters of administrative violations – for the
examination of matters of administrative violations that are in the record-keeping thereof;
4) other State and local government institutions – in the amount specified by
regulatory enactments and for the intended purposes;
5) employers - in order to verify the compliance of a natural person with the
restrictions specified by regulatory enactments in recruiting such natural person for
employment or into service (indicating the regulatory enactment that provides for the relevant
restrictions); and
6) sworn advocates – regarding a defendant in criminal proceedings or in an
administrative violation matter.
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(2) The Information Centre of the Ministry of the Interior shall issue the information included
in the Register in accordance with the procedures specified by the Cabinet.
(3) Information requested by the persons referred to in Paragraph one of this Section shall be
provided not later than within a period of 15 working days from the day of receipt of the
request. If it is not possible to provide the requested information within the specified time
period, the requester of information shall be notified regarding the reason for the delay of
fulfilment of the request.
Section 16.
Private persons may receive information in accordance with the procedures specified
by the Cabinet from:
1) the actual database of the Register - regarding a criminal record that has not been
extinguished (expunged), information regarding a penalty applied to a natural or legal person
in an administrative violation matter since the serving of which less than a year has passed, as
well as regarding the coercive measures applied to legal persons; and
2) archive database of the Register - regarding an extinguished (expunged) criminal
record, regarding criminal proceedings in which a person has been acquitted, information
regarding the penalty applied to a natural or legal person in an administrative violation matter
since the serving whereof more than a year has passed, the executed compulsory measures of
a correctional nature, the termination of the application of compulsory measures of a medical
nature, the executed coercive measures applied to legal persons.
Section 17.
(1) Information from the Register shall be issued for scientific or statistical research in
accordance with the procedures and in the amount specified by the Cabinet.
(2) Information that is issued for scientific or statistical research may not contain personal
identification data.
Section 18.
(1) A State fee shall be paid for the receipt of statements from the Register in accordance with
the procedures and in the amount specified by the Cabinet.
(2) State and local government institutions shall be exempt from the payment of a State fee
for the receipt of statements from the Register.
Section19.
(1) Provision of information from the Register to law-enforcement authorities of foreign states
shall be admissible in the cases and in accordance with the procedures provided for in the
international agreements binding on the Republic of Latvia.
(2) The exchange of information with law-enforcement authorities of foreign states shall take
place in the language and in accordance with the procedures specified by an international
agreement.
(3) Translation into the official language shall be ensured for the information received from
law-enforcement authorities of foreign states.
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Chapter IV. Time Periods of Storage of Information Included in the Register
Section 20.
(1) Information included in the Register shall be divided into an actual database and an
archive database.
(2) The actual database shall store information regarding the criminal proceedings not
examined in a court, the applied compulsory measures of a correctional nature, the
compulsory measures of a medical nature, the coercive measures applied to legal persons, the
criminal record of a natural person that has not been extinguished (expunged), as well as
information regarding the penalty applied to natural or legal persons in an administrative
violation matter since the serving whereof less than a year has passed.
(3) The archive database shall store information regarding terminated criminal proceedings,
executed compulsory measures of a correctional nature, the termination of the application of
compulsory measures of a medical nature, the executed coercive measures applied to legal
persons, an extinguished (expunged)criminal record, criminal proceedings in which a natural
person has been released from criminal liability or acquitted, as well as information regarding
the penalties applied to natural or legal persons in administrative violation matters if more
than a year has passed since the serving of such punishment.
Section 21.
(1) Information shall be transferred from the actual database of the Register to the archive
database of the Register if a person has been acquitted by a court judgment, released from
criminal liability or punishment, if the application of a compulsory measure of a correctional
or medical nature has been terminated for such person, if the application of a coercive
measure has been terminated for a legal person, after the extinguishing (expungement) of a
criminal record, if a criminal matter has been terminated, if one year has passed after the
serving of an administrative penalty, as well as due to the death of a natural person and the
liquidation of a legal person.
(2) The archive database of the Register shall store information regarding persons who have
committed criminal offences and administrative violations for 10 years after the death of such
persons.
(3) The archive database of the Register shall store information regarding administrative
violations by legal persons and the coercive measures applied to a legal person for 10 years
after the termination of the activities of the legal person.
(4) Information present in the archive database of the Register shall be destroyed after the
expiry of the storage time period, and a deed shall be drawn up regarding such destruction.
Transitional Provisions
1. With the coming into force of this Law, the Punishment Register Law (Latvijas Republikas
Saeimas un Ministru Kabineta Ziņotājs, 2001, No. 22; 2003, No. 14; 2005, No. 12) is
repealed.
2. The following Cabinet Regulations shall be in force until the day of the coming into force
of the relevant regulatory enactments, but not later than until 1 March 2006, insofar as such
Regulations are not in contradiction with this Law:
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1) Cabinet Regulation No. 191 of 21 May 2002, Regulations regarding State Fee for
the Issuance of a Statement from the Punishment Register; and
2) Cabinet Regulation No. 281 of 13 April 2004, Procedures by which a Statement for
Inclusion in the Punishment Register and Information Included in the Register shall be Issued.
3. The Cabinet shall issue the Regulations referred to in Section 13, Paragraph one, Section
15, Paragraph two, Section 16, Section 17, Paragraph one and Section 18, Paragraph one of
this Law by 1 March 2006.
This Law shall come into force on the day following the proclamation thereof.
This Law has been adopted by the Saeima on 13 October 2005.
President
V. Vīķe-Freiberga
Rīga, 20 October 2005
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