Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
24 April 2008 [shall come
into force on 27 May 2008];
6 October 2016 [shall come into force on 3 November
2016];
16 June 2021 [shall come into force on 12 July 2021].
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.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Law on Military
Courts
Chapter I
General Provisions
Section 1. Purpose of the Law
The purpose of the Law is to ensure rapid and efficient
examination of cases within the jurisdiction of military
courts.
Section 2. Establishment of Military
Courts
(1) If time of war has set in or, when declaring a state of
exception, the Cabinet has decided to commence the operation of
military courts in accordance with the procedures laid down in
laws and regulations, the Minister for Justice shall, without
delay, issue the order in which the distribution, territory of
operation, and composition of military courts are determined. The
order shall be published in the official gazette Latvijas
Vēstnesis.
(2) One or several military courts of first instance and one
military court of second instance shall operate in Latvia.
[16 June 2021]
Section 3. Jurisdiction of Military
Courts
Cases regarding criminal offences which have been committed by
the following persons during a state of exception or time of war
shall be within the jurisdiction of military courts:
1) soldiers or persons who are included in the composition of
the National Armed Forces;
2) civilians:
a) if they have committed a criminal offence against a
soldier, a person who is included in the composition of the
National Armed Forces, a prisoner of war, movable or immovable
property used by the armed forces, or otherwise endangered the
national defence capacities;
b) if they have committed a criminal offence jointly with a
soldier or a person who is included in the composition of the
National Armed Forces;
c) if their criminal offence is related to another criminal
offence which is within the jurisdiction of the military court
and if examination of all these cases at the same court is useful
for the purpose of more rapid and objective examination of the
case;
d) if they have committed the criminal offences provided for
in Chapters IX, IX.1, and X, Sections 282.1
and 282.2 of the Criminal Law;
e) [6 October 2016];
3) prisoners of war.
[24 April 2008; 6 October 2016; 16 June 2021]
Section 4. Regulatory Framework of
the Operation of Military Courts
(1) The principles and procedures for examining cases in
military courts shall be determined by this Law, and also the
laws governing the court system and criminal proceedings insofar
as they are not in contradiction with this Law.
(2) Military courts shall examine cases by applying the laws
and regulations of the Republic of Latvia in force during the
state of exception and time of war.
(3) The principles of independence of military courts and the
guarantees of judges shall be determined in conformity with the
law governing the court system.
[16 June 2021]
Section 5. Ensuring the Operation of
Military Courts
(1) The operation of a military court shall be ensured by the
President of a court of general jurisdiction in the territory of
operation of which the military court is located.
(2) The President of such district (city) court in the
territory of operation of which a military court is located shall
appoint a judge of a military court for the performance of the
duties of an investigating judge for the period of operation of
the military court.
(3) The cases within the jurisdiction of military court the
materials of which include an object containing an official
secret shall be examined by a military court in accordance with
the procedures laid down in the Criminal Procedure Law in the
premises where the protection of an official secret may be
ensured.
[16 June 2021]
Chapter
II
Judges of Military Courts
Section 6. Preparation of Judges of
Military Courts
(1) The Ministry of Justice shall, in cooperation with the
Ministry of Defence, prepare judges qualified for work in
military courts from amongst the judges of courts of general
jurisdiction. Judges shall be trained in accordance with the
programme developed by the Ministry of Defence and the Ministry
of Justice by using the material and technical base of the
National Defence Academy of Latvia.
(2) The Ministry of Justice shall create and maintain a
register of judges of military courts. The Ministry of Justice
shall update this register at least once in two years.
(3) The judge who has been prepared for work in military
courts in accordance with Paragraph one of this Section and who
has agreed in writing to perform the duties of a judge of a
military court in case of commencing the operation of a military
court shall be included in the register of judges of military
courts.
[16 June 2021]
Section 7. Appointment of Judges of
Military Courts for Work in Military Courts
The judges who are included in the register of judges of
military courts shall be appointed for work in military courts.
Judges of a district (city) court shall not be appointed for work
in a military court of second instance.
[16 June 2021]
Chapter
III
Prosecutors and Advocates
Section 8. Preparation and
Appointment of Prosecutors for Work in Military Courts
(1) The Office of the Prosecutor General in cooperation with
the Ministry of Defence shall prepare qualified prosecutors from
amongst the prosecutors of units of the Office of the Prosecutor
for work with the cases within the jurisdiction of military
courts. Prosecutors shall be trained in accordance with the
programme developed by the Ministry of Defence and the Ministry
of Justice by using the material and technical base of the
National Defence Academy of Latvia.
(2) The Office of the Prosecutor General shall establish and
maintain the register of such prosecutors who must perform the
functions of prosecutors in the cases within the jurisdiction of
military courts after the order of the Minister for Justice to
commence the operation of military courts has been notified. The
Office of the Prosecutor General shall update the register of
prosecutors of military courts at least once in two years.
(21) The prosecutor who has been prepared for work
in military courts in accordance with Paragraph one of this
Section and who has agreed in writing to perform the duties of a
prosecutor of a military court in case of commencing the
operation of military courts shall be included in the register of
prosecutors of military courts.
(3) The Prosecutor General shall determine the procedures by
which the operation of the prosecutors referred to in Paragraph
two of this Section shall be ensured, and also the territory of
operation of such prosecutors according to the territory of
operation of military courts.
[16 June 2021]
Section 9. Preparation and
Appointment of Advocates for Work in Military Courts
(1) The Latvian Council of Sworn Advocates shall, in
cooperation with the Ministry of Defence, prepare qualified
advocates from amongst advocates for work with the cases within
the jurisdiction of military courts. Advocates shall be trained
in accordance with the programme developed by the Ministry of
Defence and the Ministry of Justice by using the material and
technical base of the National Defence Academy of Latvia.
(2) The Latvian Council of Sworn Advocates shall establish and
maintain the register of such advocates who perform the functions
of advocates in the cases within the jurisdiction of military
courts after the order of the Minister for Justice to commence
the operation of military courts has been notified. The Latvian
Council of Sworn Advocates shall update the register of advocates
of military courts not less than once in two years.
(3) The advocate who has been prepared for work in military
courts in accordance with Paragraph one of this Section and who
has agreed in writing to perform the duties of an advocate of a
military court in case of commencing the operation of a military
court shall be included in the register of advocates of military
courts.
[6 October 2016; 16 June 2021]
Chapter
IV
Procedural Issues
Section 10. Special Features of
Pre-trial Criminal Proceedings
(1) The Military Police and the State Security Service shall
be the pre-trial investigating institutions in the cases within
the jurisdiction of military courts in relation to the criminal
offences provided for in Chapters IX, IX.1, and X of
the Criminal Law.
(2) In the cases within the jurisdiction of military courts,
criminal proceedings shall be conducted by selecting the simplest
form of criminal proceedings corresponding to the specific
circumstances, and also by selecting and performing such
procedural actions that would ensure the achievement of the
objective of criminal proceedings as quickly and economically as
possible.
[16 June 2021]
Section 11. Special Features of
Trial of Criminal Cases in a Military Court of First Instance
(1) Criminal cases shall be examined in a military court of
first instance unilaterally.
(2) A court shall commence examination of a criminal case as
soon as possible, however, not earlier than one day after the
accused has received a copy of the decision on the completion of
pre-trial proceedings.
(3) Complaints regarding court rulings may be submitted within
a day from the day of receipt of the ruling.
Section 12. Special Features of
Trial of Criminal Cases in a Military Court of Second
Instance
(1) A military court of second instance is an appellate
instance for the cases which have been examined by a military
court of first instance.
(2) The rulings of a military court of first instance appealed
in accordance with appellate procedures shall be examined
collegially in the composition of three judges.
(3) A ruling of a military court of second instance is final
and not subject to appeal.
Chapter V
Termination of Operation of Military Courts
Section 13. Termination of Operation
of Military Courts
(1) When revoking a state of exception or when terminating war
in the country, the Minister for Justice shall, without delay,
issue the order to terminate the operation of military courts.
The order shall be published in the official gazette Latvijas
Vēstnesis.
(2) After notification of the order referred to in Paragraph
one of this Section, military courts shall hand over, according
to jurisdiction, such cases to courts of first instance of
general jurisdiction in which a judicial investigation has not
been commenced.
(3) After notification of the order referred to in Paragraph
one of this Section, military courts shall hand over, according
to jurisdiction, such cases to courts of second instance of
general jurisdiction in which a judicial investigation has not
been commenced.
[16 June 2021]
The Law shall come into force concurrently with the Criminal
Procedure Law.
The Law has been adopted by the Saeima on 17 March
2005.
Acting for the President,
the Speaker of the Saeima I. Ūdre
Rīga, 1 April 2005
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)