The translation of this document is outdated.
Translation validity: 01.08.2022.–02.11.2022.
Amendments not included:
06.10.2022.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
28 September 2005 [shall
come into force on 1 October 2005];
19 January 2006 [shall come into force on 1 February
2006];
21 December 2006 [shall come into force on 1 January
2007];
17 May 2007 [shall come into force on 21 June
2007];
22 November 2007 [shall come into force on 1 January
2008];
19 June 2008 [shall come into force on 23 July
2008];
29 June 2008 [shall come into force on 29 July
2008];
12 March 2009 [shall come into force on 1 July
2009];
11 June 2009 [shall come into force on 14 July
2009];
16 June 2009 [shall come into force on 1 July
2009];
14 January 2010 [shall come into force on 4 February
2010];
21 October 2010 [shall come into force on 1 January
2011];
8 July 2011 [shall come into force on 11 August
2011];
24 May 2012 [shall come into force on 1 July 2012];
15 November 2012 [shall come into force on 14 December
2012];
20 December 2012 [shall come into force on 1 April
2013];
10 January 2013 [shall come into force on 13 February
2013];
14 March 2013 [shall come into force on 1 April
2013];
23 May 2013 [shall come into force on 27 October
2013];
5 September 2013 [shall come into force on 20 September
2013];
12 September 2013 [shall come into force on 1 January
2014];
19 December 2013 [shall come into force on 1 January
2014];
29 May 2014 [shall come into force on 25 June
2014];
16 October 2014 [shall come into force on 1 February
2015];
15 January 2015 [shall come into force on 1 February
2015];
29 January 2015 [shall come into force on 25 February
2015];
8 July 2015 [shall come into force on 1 November
2015];
12 November 2015 [shall come into force on 2 December
2015];
18 February 2016 [shall come into force on 23 March
2016];
23 November 2016 [shall come into force on 1 January
2017];
30 March 2017 [shall come into force on 26 April
2017];
22 June 2017 [shall come into force on 1 August
2017];
28 September 2017 [shall come into force on 1 January
2018];
14 June 2018 (Constitutional Court Judgment) [shall come
into force on 15 June 2018];
20 June 2018 [shall come into force on 1 September
2018];
27 September 2018 [shall come into force on 25 October
2018];
21 November 2019 [shall come into force on 24 December
2019];
11 June 2020 [shall come into force on 6 July
2020];
19 November 2020 [shall come into force on 1 January
2021];
17 December 2020 [shall come into force on 12 January
2021];
7 January 2021 [shall come into force on 20 January
2021];
4 March 2021 [shall come into force on 6 March
2021];
7 October 2021 [shall come into force on 2 November
2021];
16 June 2022 [shall come into force on 23 June
2022];
16 June 2022 [shall come into force on 1 August
2022].
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 Saeima 1 has adopted and
the President has proclaimed the following law:
Criminal Procedure Law
Part A General Provisions
Chapter 1 Basic Provisions of
Criminal Procedure
Section 1. Purpose of the Criminal
Procedure Law
The purpose of the Criminal Procedure Law is to determine such
procedures for the criminal proceedings that ensure effective
application of the norms of the Criminal Law and fair regulation
of criminal legal relations without unjustified intervention in
the life of a person.
[12 March 2009]
Section 2. Sources of the Rights of
Criminal Procedure
(1) Criminal procedure is determined by the Constitution of
the Republic of Latvia (hereinafter - the Constitution),
international legal norms, and this Law.
(2) In the application of the legal norms of the European
Union, the case law of the Court of Justice of the European Union
shall be taken into account, and in the application of the legal
norms of the Republic of Latvia, the interpretation of the
appropriate norm provided in the judgment of the Constitutional
Court shall be complied with.
(3) The norms of the criminal procedure of another country may
be applied only in international co-operation on the basis of a
reasoned request from a foreign country, if such request is not
in contradiction to the basic principles of the criminal
procedure of Latvia.
[21 October 2010]
Section 3. Power of the Criminal
Procedure Law in Space
The Criminal Procedure Law shall determine a uniform
procedural order in all criminal proceedings that are conducted
by persons authorised to conduct such proceedings for criminal
offences existing within the jurisdiction of Latvia.
Section 4. Power of the Criminal
Procedure Law in Time
The order of criminal proceedings shall be determined by the
criminal procedure legal norm that is in effect at the moment of
performing of the procedural activity.
Section 5. Application of the Law in
International Co-operation
The legal norm of a foreign country indicated in a reasoned
request from the foreign country may be applied in international
co-operation without additional examining its validity.
Chapter 2 Basic Principles of
Criminal Proceedings
Section 6. Mandatory Nature of
Criminal Proceedings
The official who is authorised to conduct criminal proceedings
has an obligation within his or her competence to initiate
criminal proceedings and to lead such proceedings to the fair
regulation of criminal legal relations provided for in the
Criminal Law in each case where the reason and grounds for
initiating criminal proceedings have become known.
[12 March 2009]
Section 7. Prosecution in Criminal
Proceedings
(1) Criminal proceedings shall be conducted in the interests
of society regardless of the will of the person upon whom the
harm was inflicted, if this Law does not specify otherwise. The
prosecution function in criminal proceedings on behalf of the
State shall be implemented by a prosecutor.
(2) Criminal proceedings shall be initiated for the offence
provided for in Section 130, Paragraph two, Sections 131, 132,
132.1, 157, 168, 169, and 180, Section 185, Paragraph
one, Section 197, and Section 200, Paragraph one of the Criminal
Law, if a request has been received from the person to whom harm
has been inflicted. Criminal proceedings may also be initiated
without the receipt of a request from the person to whom harm has
been inflicted, if such person is not able to implement his or
her rights himself or herself due to a physical or mental
deficiency.
[21 October 2010; 14 March 2013; 18 February 2016; 30 March
2017; 11 June 2020]
Section 8. Principle of Equality
The Criminal Procedure Law shall determine a uniform
procedural order for all persons involved in criminal proceedings
irrespective of the origin, social and financial situation,
employment, citizenship, race, nationality, attitude toward
religion, sex, education, language, place of residence, and other
conditions of such persons.
Section 9. Criminal Procedural
Duty
(1) In initiated criminal proceedings, each person has the
obligation to fulfil the requirements of an authorised official
for conducting the criminal proceedings and to comply with the
procedural order specified in the Law.
(2) The disputing of the legality and validity of a procedural
requirement shall be performed in accordance with the procedures
laid down in this Law, yet such disputing does not remove the
obligation to fulfil such requirement.
(3) The rights to an exception from the execution of the duty
specified in Paragraph one of this Section shall be held only by
persons for whom immunity from criminal proceedings has been
specified.
Section 10. Immunity from Criminal
Proceedings
Immunity from criminal proceedings completely or partially
frees a person from participation in criminal proceedings, as
well as from the provision of evidence and the issuance of
documents and objects, and prohibits or restricts the right to
perform the criminal prosecution of such person and to apply
compulsory measures against such person, as well as the right to
enter and perform investigative actions on the premises in the
possession of such person.
Section 11. Language to be Used in
the Criminal Proceedings
(1) The criminal proceedings shall take place in the official
language.
(2) If the person who has the right to defence, a victim and
his or her representative, a witness, specialist, expert,
auditor, as well as other persons who the person directing the
proceedings has involved in the criminal proceedings does not
speak the official language, such persons have the right to use
the language that such persons understand during the performance
of procedural actions, and to use the assistance of an
interpreter free of charge, whose participation shall be ensured
by the person directing the proceedings. In the pre-trial
proceedings, the investigating judge or court shall provide for
the participation of an interpreter in the hearing of issues that
fall within the jurisdiction of the investigating judge or
court.
(21) A person who has the right to defence, if he
or she does not have the knowledge of the official language, may
use the language the person has knowledge of and during the
meeting with the defence counsel use, free of charge, the
assistance of an interpreter whose participation shall be ensured
by the person directing the proceedings, in the following
cases:
1) to prepare for the interrogation within the pre-trial
proceedings or for the trial at a court hearing;
2) to draw up a written complaint regarding the conduct of an
official who handles the criminal proceedings or regarding the
enforcement, amendment or revocation of a ruling and a procedural
compulsory measure;
3) to draw up a document necessary for the trial of the case
in the written procedure;
4) to draw up an appellate or cassation complaint.
(22) For a person who has the right to defence and
who has been applied a security measure related to imprisonment,
the participation of the interpreter for exercising of the rights
referred to in Paragraph 2.1 of this Section shall be
ensured by the relevant prison.
(23) The Cabinet shall determine the procedures and
scope of ensuring the assistance of the interpreter in the cases
referred to in Paragraphs 2.1 and 2.2 of
this Section.
(3) When issuing procedural documents to a person involved in
the criminal proceedings who does not understand the official
language, such person shall be ensured, in the cases provided for
by law, with a translation of such documents in a language
understood by such person.
(4) The official conducting criminal proceedings may perform a
separate procedural action in another language by appending a
translation of the procedural documents in the official
language.
(5) In the criminal proceedings, complaints received in
another language shall be translated into the official language
only in the case of necessity, which shall be determined by the
person directing the proceedings. The person directing the
proceedings shall ensure the translation into the official
language of the appellate complaints and cassation complaints
against court rulings received in another language.
(6) The provisions of this Section regarding the right of a
person to use the language that the person has knowledge of and
to use the assistance of an interpreter free of charge shall also
apply to persons with hearing, speech or visual impairments. When
issuing procedural documents to such persons in the cases
provided for by the law, the availability of such documents in
the language or the manner which such persons are able to
perceive shall be ensured.
[19 January 2006; 23 May 2013; 18 February 2016]
Section 12. Guaranteeing of Civil
Rights
(1) Criminal proceedings shall be conducted in conformity with
internationally recognised civil rights and without allowing for
the imposition of unjustified criminal procedural obligations or
excessive intervention in the life of a person.
(2) Civil rights may be restricted only in cases where such
restriction is required for public security reasons, and only in
accordance with the procedures laid down in this Law according to
the nature and severity of the criminal offence.
(3) The application of security measures related to
imprisonment, the infringement of the immunity of publicly
inaccessible places, and the confidentiality of correspondence
and means of communication shall be permitted only with the
consent of the investigating judge or court.
(31) A criminal proceeding involving a minor shall
be conducted by taking into account the age, maturity and any
special needs of the minor.
(4) An official who conducts the criminal proceedings has the
obligation to protect the confidentiality of the private life of
a person and the commercial confidentiality of a person.
Information on such confidentiality shall be obtained and used
only in the case where such information is necessary in order to
clarify conditions that are to be proven. Within the meaning of
this Law, the identifying data are the given name, surname,
personal identity number or identification number of a person,
but if there is none - the date and place of birth. Processing of
personal data in criminal proceedings shall be determined by a
special law.
(5) A natural person has the right to request that a criminal
case does not include information on the private life, commercial
activities, and financial situation of such person or the
betrothed, spouse, parents, grandparents, children grandchildren,
brothers or sisters of such person, as well as of the person with
whom the relevant natural person is living together and with whom
he or she has a common (joint) household (hereinafter - the
immediate family), if such information is not necessary for the
fair regulation of criminal legal relations.
[12 March 2009; 27 September 2018; 7 October 2021]
Section 13. Prohibition of Torture
and Debasement
(1) Debasement, blackmail, torture, the threatening of a
person with torture or violence, or the use of violence shall not
be allowed in criminal proceedings.
(2) If a person resists the performance of separate procedural
actions, hinders the progress thereof, or refuses to duly fulfil
his or her procedural obligations, the security measures provided
for in the Law for ensuring a specific procedural action may be
applied to such person.
(3) In order to overcome the physical resistance of a person,
the performer of the procedural action or, upon his or her
invitation, employees of the State police may apply physical
force in exceptional cases, without needlessly inflicting pain on
such person or humiliating such person.
Section 14. Rights to the Completion
of Criminal Proceedings in a Reasonable Term
(1) Each person has the right to the completion of criminal
proceedings within a reasonable term, that is, without
unjustified delay. The completion of criminal proceedings within
a reasonable term is connected with the scope of a case, legal
complexity, amount of procedural activities, attitude of persons
involved in the proceedings towards fulfilment of duties and
other objective conditions.
(2) The person directing the proceedings shall choose the
simplest form of criminal proceedings that complies with the
specific conditions, and shall not allow for unjustified
intervention in the life of a person and unfounded
expenditures.
(3) Criminal proceedings wherein a security measure related to
imprisonment has been applied or a specially procedurally
protected person is involved, or wherein a public official
occupying a responsible position is accused, shall have
preference, in comparison with other criminal proceedings, in the
ensuring of a reasonable term.
(4) Criminal proceedings regarding a criminal offence which is
related to violence committed by a person upon whom the minor
victim is financially or otherwise dependent, or regarding a
criminal offence against morals or sexual inviolability, wherein
the victim is a minor, shall have preference, in comparison with
similar criminal proceedings wherein victims are persons of legal
age, in ensuring of a reasonable term. Criminal proceedings
against a minor shall have preference, in comparison with similar
criminal proceedings against a person of legal age, in the
ensuring of a reasonable term.
(5) The inobservance of a reasonable term may be the grounds
for termination of proceedings in accordance with the procedures
laid down in this Law.
[12 March 2009; 29 May 2014]
Section 15. Rights to Examination of
a Matter in Court
Each person has a right to the examination of a matter in a
fair, objective, and independent court.
Section 16. Rights to the Objective
Progress of Criminal Proceedings
(1) Officials who conduct criminal proceedings, interpreters,
and specialists shall withdraw from participation in criminal
proceedings if such persons are personally interested in the
result, or if conditions exist that justifiably give the persons
involved in the criminal proceedings a reason to believe that
such interest may exist.
(2) A person who conducts defence, a victim, the
representative of the victim, the owner of property infringed
during criminal proceedings and an official who is authorised to
conduct criminal proceedings, but is not the person directing the
proceedings, has the right to raise an objection if the
conditions referred to in Paragraph one of this Section
exist.
(3) The person directing the proceedings or the officials
specified in the Law shall, on the basis of the initiative
thereof or on the basis of an objection, suspend the
participation of the persons referred to in Paragraph one of this
Section in proceedings if such persons have not excused
themselves.
[22 June 2017]
Section 17. Separation of Procedural
Functions
The function of a control of restrictions of human rights in a
pre-trial proceedings, and the function of prosecution, defence,
and court judgment in criminal proceedings shall be separate.
[21 October 2010]
Section 18. Equivalence of
Procedural Authorisations
Persons involved in criminal proceedings have authorisation
(rights and duties) that ensures for such persons equivalent
actualisation of the tasks and guaranteed rights specified in
laws and regulations.
[12 March 2009]
Section 19. Presumption of
Innocence
(1) No person shall be considered guilty until the guilt of
such person in the committing of a criminal offence has been
determined in accordance with the procedures laid down in this
Law.
(2) A person who has the right to defence shall not need to
prove his or her innocence.
(3) All reasonable doubts regarding guilt which cannot be
eliminated shall be evaluated as beneficial for the person who
has the right to defence.
(4) If a public official who is not a person involved in
criminal proceedings has made a public statement on the guilt of
the person, thus violating the presumption of innocence, the
person directing the proceedings shall, upon a motivated
submission of the person, publicly inform of the violation of the
principle of presumption of innocence, but the copy of the
submission shall be sent for evaluation to the authority which
can decide on the liability of the official.
[27 September 2018]
Section 20. Right to Defence
(1) Each person regarding whom an assumption or allegation has
been expressed that such person has committed a criminal offence
has the right to defence, that is, the right to know what offence
such person is suspected of committing or is being accused of
committing, and to choose his or her position of defence.
(2) A person may implement the right to defence by himself or
herself, or retain as a defence counsel, at his or her own
choice, a person who may be a defence counsel in accordance with
this Law.
(3) The participation of a defence counsel is mandatory in the
cases determined in this Law.
(4) If a person who has the right to defence has not entered
into an agreement on defence, but wishes the participation of the
defence counsel, the State shall provide defence thereto and
decide on the remuneration of the defence counsel from the State
funds by completely or partially exempting the person from this
payment.
[27 September 2018]
Section 21. Rights to
Co-operation
(1) The person who has the right to defence may co-operate
with an official authorised to conduct criminal proceedings in
order to promote the regulation of criminal legal relations.
(2) Co-operation may be expressed in the following ways:
1) in the selection of the simplest form of proceedings;
2) in the promotion of the progress of proceedings;
3) in the disclosure of criminal offences committed by other
persons.
(3) Co-operation is possible from the moment of the
commencement of criminal proceedings until the execution of a
sentence.
Section 22. Rights to Compensation
for Inflicted Harm
A person upon whom harm has been inflicted by a criminal
offence shall, by taking into account the moral injury, physical
suffering, and financial loss thereof, be guaranteed procedural
opportunities for the request and receipt of moral and financial
compensation.
Section 23. Administration of
Justice
A court shall administer justice in criminal matters by
examining and deciding the validity of charges brought against a
person, acquitting persons who are not guilty, or finding persons
guilty of committing a criminal offence in a court hearing and
determining a regulation of criminal legal relations that must be
enforced by State authorities and persons and the enforcement of
which, if necessary, may be implemented by forced conveyance.
Section 24. Protection of a Person
and Property in the Case of a Threat
(1) A person who is threatened in connection to the fulfilment
of his or her criminal procedural obligation has the right to
request the person directing the proceedings to take the measures
provided for by law for the protection of such person and his or
her property, as well as for the protection of the immediate
family of such person.
(2) When receiving the information referred to in Paragraph
one of this Section, the person directing the proceedings shall,
depending on the specific circumstances, decide on the necessity
to take one or more of the following measures:
1) to initiate another criminal proceeding for the
investigation of the threat;
2) to select a corresponding security measure for the person
in the interest of whom the threat has taken place;
3) to institute determination of special procedural protection
for the person who is being threatened;
4) to assign law enforcement institutions with the task of
protecting the person or his or her property, as well as
protecting the immediate family of such person.
(3) If the measures referred to in Paragraph two of this
Section are not able to prevent an actual threat to the life of a
person, the person directing the proceedings shall refuse the use
of the evidence that is the case of the threat.
[18 February 2016]
Section 25. Inadmissibility of
Double Jeopardy (ne bis in idem)
(1) Nobody shall be tried or punished again for an offence for
which he or she has already been acquitted or punished in Latvia
or in a foreign country by a ruling made in accordance with the
procedures laid down in law and in effect in a criminal case or
an administrative offence case.
(2) Repeated trial or sentencing is not:
1) a trial de novo of a criminal case when newly discovered
circumstances are established;
2) a trial of a criminal case or imposition of a sentence in
such criminal proceedings in which a prosecutor's penal order has
been revoked in the cases and in accordance with the procedures
laid down in the law;
3) a trial de novo of a criminal case if a substantial
violation of substantive or procedural legal norms has been
admitted in the previous proceedings.
(3) Repeated trial or sentencing shall not be possible in
cases when the ruling made in an administrative offence case
ceases to be in effect in criminal proceedings upon the existence
of the following circumstances:
1) knowingly false testimonies provided by a victim or
witness, knowingly false expert opinion or a translation, forgery
of the minutes of court operations or decisions, and also forgery
of other evidence, which formed the grounds for making an
unlawful ruling, have been recognised by a valid ruling;
2) an illegal action of an official, which formed the grounds
for making an unlawful ruling, has been recognised by a valid
ruling;
3) a circumstance has been established which was not known to
the person making the ruling in making the ruling and which on
its own or together with previously determined circumstances
indicates that the person has committed a more serious offence
than the offence for which an administrative penalty was applied
to the person.
(4) If, upon taking a decision to hold a person criminally
liable, the circumstances referred to in Paragraph three of this
Section have been established and the ruling made in the
administrative offence case has not been repealed, it shall cease
to be in effect.
(5) In the cases referred to in Paragraphs two and three of
this Section the criminal sentence served shall be included in
the new sentence as defined in the Criminal Law, and the
administrative penalty shall be taken into account upon
determining the new sentence.
[18 February 2016]
Division One
Persons Involved in Criminal Proceedings
Chapter 3 Officials who Conduct
Criminal Proceedings
Section 26. Authorisation to Conduct
Criminal Proceedings
(1) The authorisation to conduct criminal proceedings on
behalf of the State shall be held only by officials of the
institutions specified in this Law to whom such authorisation has
been granted in connection with an office held by these persons,
an order of the head of institution or a decision of the person
directing the criminal proceedings.
(2) The following shall have authorisation in a specific
criminal proceeding:
1) the person directing the proceedings;
2) a member of the investigative group;
3) the supervising prosecutor;
4) an official authorised to conduct criminal proceedings who
executes the task of the person directing the proceedings, a
member of the investigative group, or the court to perform
procedural actions (hereinafter - the executor of procedural
tasks);
5) an expert from an expert-examination institution;
6) an expert who does not work at an expert-examination
institution, if the person directing the criminal proceedings has
assigned him or her to perform an expert-examination;
7) an auditor on the assignment of the person directing the
proceedings;
8) the direct supervisor of an investigator;
81) the chief prosecutor;
9) the higher-ranking prosecutor;
10) the investigating judge;
11) the counsel for the prosecution.
(3) A judge and prosecutor, as well as court, prosecutorial,
and investigating institutions and the heads of the divisions
thereof shall have authorisation in the deciding of
organisational matters of proceedings, complaints, and
recusals.
(4) Officials of the authorities of the European Union shall
be authorised to conduct criminal proceedings in the cases
determined in the legal norms of the European Union.
[12 March 2009; 27 October 2010; 7 October 2021]
Section 26.1 Powers of
the European Public Prosecutor's Office to Conduct Criminal
Proceedings
(1) The European Chief Prosecutor, Permanent Chambers of the
European Public Prosecutor's Office, European Prosecutor,
European Delegated Prosecutor, and assisting European Delegated
Prosecutor shall be authorised to conduct criminal proceedings in
accordance with Council Regulation (EU) 2017/1939 of 12 October
2017 implementing enhanced cooperation on the establishment of
the European Public Prosecutor's Office ('the EPPO') (hereinafter
- Regulation No 2017/1939) and this Law.
(2) In the criminal proceedings that are in the record-keeping
of the European Public Prosecutor's Office, the European
Prosecutor shall perform functions of a higher-ranking prosecutor
and the chief prosecutor of the Criminal Justice Department of
the Office of the Prosecutor General until the day when the final
ruling comes into effect, insofar as it is not in contradiction
with Regulation No 2017/1939 and this Law.
[7 January 2021]
Section 27. Person Directing the
Proceedings
(1) The person directing the proceedings shall be the official
or court that leads the criminal proceedings at the specific
moment. The person directing the proceedings shall:
1) organise the progress of criminal proceedings and the
record-keeping therein;
2) take decision on direction of the criminal proceedings;
3) implement State authorisation in the relevant step or stage
of the criminal proceedings by oneself or by involving another
official;
4) request that each person fulfils a criminal procedural duty
and complies with procedural order;
5) ensure the opportunity for persons involved in criminal
proceedings to implement the rights specified in the Law.
(2) The person directing the proceedings shall be:
1) an investigator or in exceptional cases a prosecutor - in
an investigation;
2) a prosecutor - in a criminal prosecution;
3) a judge who leads the trial - in preparing a case for
trial, as well as from the moment when the ruling with which
legal proceedings are completed in the court of the relevant
instance is announced, until the transferral of the case to the
next court instance or until execution of the ruling;
4) the composition of a court - during trial;
5) a judge - after entering into effect of a court ruling.
(3) An investigative group may be established for conducting
the pre-trial criminal proceedings whose leader is the relevant
person directing the proceedings.
[12 March 2009]
Section 28. Investigator
An investigator shall be an official of an investigating
institution who is authorised with an order of the head of the
investigating institution to perform an investigation in criminal
proceedings.
Section 29. Duties and Rights of an
Investigator as the Person Directing the Proceedings
(1) An investigator has a duty:
1) to examine information, which indicate the possible
commitment of a criminal offence, and to initiate criminal
proceedings as soon as a reason and grounds specified in the Law
have been determined or to refuse to initiate criminal
proceedings;
2) to perform investigative actions in order to ascertain
whether a criminal offence has taken place, who committed such an
offence, whether a person must be held criminally liable for such
offence, and to ascertain such person and acquire evidence that
gives grounds for holding such person criminally liable;
21) [This Clause shall come into force
concurrently with the regulatory enactment determining the
competent authority which evaluates the risk and protection
factors of the minor who has the right to defence, and shall be
included on the day when the respective regulatory enactment
comes into force. See Paragraph 68 of Transitional
Provisions];
3) to take all measures provided for in the Law for ensuring
compensation for harm;
4) to select the simplest form of criminal proceedings
corresponding to the specific circumstances, and also to select
and perform such procedural actions that would ensure the
achievement of the objective of criminal proceedings as quickly
and economically as possible;
5) to fulfil the orders of the direct supervisor, supervising
prosecutor, or higher-ranking prosecutor thereof or the penal
orders of the investigating judge;
6) in the cases and in accordance with the procedures laid
down in the law to suspend or terminate criminal proceedings.
(2) An investigator has the right:
1) to take any procedural decision in accordance with the
procedures laid down in law and to perform any procedural action
or assign the performance thereof to a member of an investigative
group or the executor of procedural tasks;
2) to propose for the supervising prosecutor to decide the
matter regarding the initiation of criminal prosecution;
3) to appeal the instructions of the direct supervisor
thereof;
4) to appeal the decisions and instructions of the supervising
prosecutor;
5) to appeal the instructions of a higher-ranking
prosecutor;
6) to appeal the decision of an investigating judge.
[28 September 2006; 19 January 2006; 12 March 2009; 20 June
2018]
Section 30. Member of an
Investigative Group
(1) A member of an investigative group shall be a prosecutor
or an official of an investigating institution authorised to
conduct criminal proceedings who has been included in the
composition of the investigative group by a decision of the
competent official of the investigating institution or a chief
prosecutor.
(2) Upon an assignment of the person directing the criminal
proceedings and within the framework specified thereby, a member
of an investigative group has the right to perform procedural
actions and take procedural decisions, except for decisions on
the direction of criminal proceedings, on application, amending
or revocation of security measures, on imposing or revocation of
seizure of property, as well as on the status or change in status
of such person who has the right to defence.
(3) A member of an investigative group may appeal an
assignment of the person directing the proceedings without
suspending the execution thereof.
(4) A member of an investigative group shall appeal the
instructions of the direct supervisor of an investigator and a
supervising prosecutor, as well as shall raise objection, with
the intermediation of the person directing the proceedings.
(5) [12 March 2009]
[12 March 2009; 18 February 2016; 7 January 2021]
Section 31. Direct Supervisor of an
Investigator
(1) The direct supervisor of an investigator shall be the head
of an investigating institution or a division thereof, or his or
her deputy, who has been assigned, in accordance with the
distribution of duties or an individual order, to control the
conduct of specific criminal proceedings during an
investigation.
(2) The direct supervisor of an investigator has a duty:
1) to ensure that the officials subordinated thereto commence
criminal proceedings in a timely manner;
2) to organise the work of executors of procedural tasks;
3) to confer procedural authorisation to the necessary circle
of officials subordinated thereto, in order to ensure that
criminal proceedings take place in a targeted manner and without
unjustified delay;
4) to give instructions regarding the direction of an
investigation and the conduct of investigative actions, if the
person directing the proceedings does not ensure a targeted
investigation and allows for unjustified intervention in the life
of a person or a delay.
(3) The direct supervisor of an investigator has a duty:
1) to become acquainted with the materials of the criminal
proceedings in the record-keeping of the official subordinated
thereto;
2) to take organisational decisions significant to the
proceedings, that is, to determine criteria for the distribution
of criminal proceedings, to transfer criminal proceedings to
another person directing the proceedings, to establish an
investigative group within the competence thereof, and to assume
leadership of criminal proceedings;
3) to participate in the procedural actions that are performed
by the person directing the proceedings or a member of an
investigative group;
4) to perform an investigative action by informing the person
directing the proceedings beforehand regarding such carrying out
of the investigative action;
5) to give instructions and to revoke the decisions taken
unjustifiably and unlawfully by the officials subordinated
thereto;
6) to appeal the decision of and instructions given by the
prosecutor, returning the criminal case to the investigating
institution for continuing the investigation.
[12 March 2009; 20 June 2018]
Section 32. Executor of Procedural
Tasks
(1) The executor of procedural tasks shall be an official of
an investigating institution, or a prosecutor, who the person
directing the proceedings has assigned to carry out one or more
investigative actions, without including him or her in the
composition of the investigative group.
(2) The executor of procedural tasks shall be liable for the
qualitative execution of an assigned investigative action, and he
or she has an obligation to inform the person directing the
proceedings about all facts that may be significant to legal and
fair completion of criminal proceedings. In order to ensure
execution of the assigned investigative action, the executor of
procedural tasks has the right to take the decision on conveyance
by force.
[11 June 2020]
Section 33. Expert of an
Expert-examination Institution
(1) An expert of an expert-examination institution has
authorisation to conduct criminal proceedings if he or she has
acquired the right to perform specific types of
expert-examination and has received a task of the person
directing the proceedings.
(2) An expert on the assignment of the person directing the
proceedings shall:
1) conduct an expert-examination, if a study has to be
conducted in order to obtain information necessary for evidence
using special knowledge, devices, and substances;
2) perform inspections of the site of the event or other
sites, the corpse, the terrain, and objects;
3) conduct an examination of persons;
4) remove samples for comparative research;
5) participate in the performance of other investigative
actions;
6) use special knowledge for the discovery and removal of
traces and other items of the criminal offence.
(3) An expert has the right:
1) to familiarise himself or herself with the materials of the
criminal case;
2) to request from the person directing the proceedings the
additional information and materials necessary for the
performance of an expert-examination;
3) to refuse to perform an expert-examination (give a
conclusion), if the submitted materials are not sufficient or the
questions posed exceed the competence thereof;
4) to ask questions within the limits of the subject of the
expert-examination to persons which are being interrogated with a
permit of or via the person directing the proceedings.
(4) An expert has the right to perform the expert-examination
specified by the person directing the proceedings or a
participant of the investigative group and to provide answers to
questions posed. If an expert is of the conclusion that he or she
may acquire information, using special knowledge, that is
important to the criminal proceedings, and regarding which a
question has not been posed, he or she shall inform the person
directing the proceedings regarding such acquisition in
writing.
(5) An expert shall fulfil his or her obligations:
1) on the basis of an instruction given by the person
directing the proceedings that has been recorded in the account
of the investigative actions in which the expert is a
participant.
2) in accordance with a procedural decision to determine an
expert-examination.
[12 March 2009]
Section 34. Invited Expert
(1) The person directing the proceedings may invite, and
assign with a decision, a person to perform an expert-examination
who is not an expert of an expert-examination institution, but
whose knowledge and practical experience is sufficient for the
performance of expert-examination.
(2) An invited expert has the rights indicated in Section 33,
Paragraphs three and four of this Law, as well as the rights to
receive reimbursement for those expenses arisen due to arrival
upon invitation of a person directing the criminal
proceedings.
[12 March 2009]
Section 35. Auditor
(1) An auditor shall have the authorisation to conduct
criminal proceedings if he or she has obtained the relevant
qualification, obtained a certificate, in accordance with the
procedures laid down in the law, for performing audits, and has
received a specific task specified in a decision of the person
directing the proceedings or recorded in the account of the
investigative action.
(2) Upon an assignment of the person directing the
proceedings, an auditor shall:
1) take inventory;
2) perform the inspection and removal of documents;
3) inspect goods, products, and raw materials in the amount
necessary for the performing of an audit;
4) provide a description of economic and financial activity in
an account, if it is possible to give such a description without
the performing of an audit;
5) question witnesses or participate in the interrogation
thereof;
6) perform an audit in the amount co-ordinated with the person
directing the proceedings;
7) familiarise interested persons with audit materials;
8) provide an auditor assessment on the objections of
interested persons.
Section 36. Prosecutor in Criminal
Proceedings
(1) A prosecutor in criminal proceedings shall perform
investigation supervision, investigation, criminal prosecution,
the maintenance of State prosecution and other functions
specified in this Law.
(2) A prosecutor shall decide, in the cases determined by law,
the question regarding the initiation of criminal proceedings,
and shall conduct investigations himself or herself.
[19 January 2006]
Section 37. Prosecutor Supervising
Investigation
(1) The prosecutor who must perform supervision of an
investigation in accordance with the distribution of duties
specified in a prosecutorial institution, or an order in specific
criminal proceedings, shall be the supervising prosecutor.
(2) During an investigation, a supervising prosecutor has a
duty:
1) to give instructions regarding the selection of the form of
proceedings, the direction of an investigation and the conduct of
investigative actions, if the person directing the proceedings
does not ensure a targeted investigation and allows for
unjustified intervention in the life of a person or a delay;
2) to request that the direct supervisor of an investigator
replace the person directing the proceedings, or make changes in
the investigative group, if assigned instructions are not
fulfilled or if procedural violations are allowed that threaten
the progress of criminal proceedings;
3) [28 September 2005];
4) [12 March 2009];
5) to examine complaints within the competence thereof;
6) to decide rejections within the competence thereof;
7) to take over the direction of criminal proceedings without
delay when sufficient evidence for the fair regulation of
criminal legal relations has been obtained in an
investigation.
(3) The prosecutor supervising an investigation has the right
to:
1) take a decision to initiate criminal proceedings and to
transfer them to an investigating institution;
2) give instructions and request execution of the provided
instructions;
3) carry out investigative actions, informing the person
directing the proceedings beforehand regarding such carrying out
of investigative actions;
4) familiarise himself or herself at any time with the
materials of the criminal proceedings;
5) revoke the decisions of the person directing the
proceedings and a member of the investigative group, and also the
decisions of the direct supervisor of the investigator which are
not related to organisational issues of significance to the
proceedings;
6) submit a proposal to a chief prosecutor for the
determination of the direct supervisor of another investigator in
the specific criminal proceedings or the transfer of criminal
proceedings to another investigating institution;
7) participate in a meeting wherein the investigating judge
decides on granting the permission to apply compulsory measures
and to perform special investigative actions;
8) to participate in the performance of the procedural actions
that are directed at co-operation with the person who has the
right to defence, as well as to participate in the selection of
simpler proceedings.
[28 September 2005; 12 March 2009; 20 June 2018; 7 January
2021]
Section 38. Prosecutor as the Person
Directing the Proceedings
(1) A supervising prosecutor acquires the status of the person
directing the proceedings from the moment when he or she takes
over the leadership of criminal proceedings and decides on the
initiation of criminal proceedings:
1) on the basis of a proposal of the person directing the
proceedings of an investigation;
2) upon an instruction of the chief prosecutor;
3) on the basis of his or her own initiative.
(2) A chief prosecutor may impose the duties of the person
directing the proceedings on another prosecutor.
(3) In exceptional cases, the Prosecutor General, the chief
prosecutor of the Criminal Justice Department of the Office of
the Prosecutor General, or of a court district may determine a
prosecutor as the person directing the proceedings in the
investigative stage.
[7 January 2021]
Section 39. Duties and Rights of a
Prosecutor - Person Directing the Proceedings
(1) A prosecutor has the following duties as the person
directing the proceedings:
1) to not permit unjustified delay and to initiate criminal
prosecution in the term specified in the Law;
11) to select the most simple form for the
completion of pre-trial criminal proceedings corresponding to the
specific circumstances, and also to select and carry out such
procedural actions that would ensure the achievement of the
objective of criminal proceedings as quickly and economically as
possible;
2) withdraw from criminal prosecution and termination criminal
proceedings if the prerequisites provided for such withdrawal or
termination exist in the Law;
3) determine the criminal cases to be transferred to a court,
and the set of materials of an archive file;
4) issue to a person who has the right to defence copies or
true copies of the materials of the criminal case to be
transferred to a court (hereinafter - the copies) or to acquaint
such person according to the procedures laid down in law with the
materials of the criminal case to be transferred to a court;
5) issue to a victim copies of materials provided for in the
Law;
6) decide on submitted applications;
61) request an evaluation report from the State
Probation Service regarding a person who has been accused of
committing a criminal offence directed against morality and
gender inviolability;
62) request from the State Probation Service an
evaluation report on the minor who has been accused of committing
a criminal offence;
7) submit to a court an agreement that was entered into with
the accused for the admission of guilt and sentence;
8) take a decision to transfer a criminal case to a court, and
submit the criminal case to the court;
9) terminate criminal proceedings if grounds specified in the
Law have been determined;
10) submit a criminal case for trial in accordance with the
special procedures of proceedings.
(2) A prosecutor has the following rights in criminal
prosecution:
1) to terminate criminal prosecution and to determine
additional investigation;
2) to take any procedural decision in accordance with the
procedures laid down by the law and to perform any procedural
action or assign the performance thereof to a member of an
investigative group or the executor of procedural tasks;
3) to terminate criminal proceedings, applying the
prosecutor's penal order;
4) to prepare an draft agreement;
5) to submit proposals for the recognition of specified facts
as proven without an verification of evidence in a court;
6) if necessary, to request an evaluation report of a person
from the State Probation Service.
(21) Within the scope of the proceedings regarding
the application of coercive measures on a legal person the
prosecutor has the right terminate the proceedings by applying
the injunction of a prosecutor regarding a coercive measure.
(3) If a preliminary ruling of the Court of Justice of the
European Union on the interpretation or validity of the legal
norms of the European Union is necessary for the acceptance of a
procedural decision, a prosecutor may propose that the Prosecutor
General sends the uncertain matter to the Court of Justice of the
European Union.
[19 January 2006; 12 March 2009; 21 October 2010; 14 March
2013; 12 November 2015; 20 June 2018; 27 September 2018 /
Clause 6.2 of Paragraph one shall come into force
on 1 January 2019. See Paragraph 69 of Transitional
Provisions]
Section 39.1 Duties and
Rights of a Chief Prosecutor
(1) A chief prosecutor has a duty:
1) to decide on the proposal of a supervising prosecutor to
replace the direct supervisor of an investigator or an
investigating institution;
2) to replace a supervising prosecutor or prosecutor - person
directing the proceedings, if supervision and criminal
prosecution is not completely ensured;
3) to establish an investigative group, if the amount of work
jeopardises the completion of criminal proceedings in a
reasonable term;
4) to decide rejections within the competence thereof;
5) to replace a maintainer of state prosecution, if the
maintenance of prosecution is not completely ensured.
(2) A chief prosecutor has the right:
1) to familiarise himself or herself with all materials in
criminal proceedings wherein he or she performs the functions of
a chief prosecutor;
2) to determine a supervising prosecutor, if it is necessary
to deviate from the principles of the distribution of criminal
proceedings that were previously approved;
3) assign a prosecutor the execution of the functions of a
supervising prosecutor or a prosecutor - person directing the
proceedings, or undertake such functions himself or herself;
4) to request that the head of an investigating institution to
whom the direct supervisor of an investigator is administratively
subordinated in specific criminal proceedings determine another
supervisor in such proceedings;
5) to assign another investigating institution to perform an
investigation in criminal proceedings.
[7 January 2021]
Section 40. Investigating Judge
An investigating judge shall be the judge whom the chairperson
of the district (city) court has assigned, for a specific term in
the cases and in accordance with the procedures laid down in the
law, the control over the respect for human rights in criminal
proceedings.
Section 41. Duties and Rights of an
Investigating Judge
(1) An investigating judge has the following duties during an
investigation and criminal prosecution:
1) to decide on the application of compulsory measures in the
cases provided for by law;
2) to decide on the applications of a suspect or an accused
regarding the amending or revoking of the security measures
thereof that have been applied with a decision of the
investigating judge;
3) to examine complaints, in the cases provided for by law,
regarding a security measure applied by the person directing the
proceedings;
4) to decide, in the cases provided for by law, on the
performance of procedural actions;
5) [12 March 2009];
6) to decide on complaints in relation to an unjustified
violation during criminal proceedings of confidentiality that is
protected by law;
7) [12 March 2009];
8) [12 March 2009];
9) [12 March 2009];
10) to decide on the request of a person who has the right to
defence on the exemption from payment for the assistance of an
advocate.
(2) From a court of first instance to the commencement of
trial of a case, an investigating judge has a duty to decide on
the following:
1) the application of an accused in relation to the amending
or revocation of security measures;
2) the proposal of a prosecutor in relation to the selection
or amendment of a security measure;
3) the acquaintance of a person involved in criminal
proceedings, who has the right to get acquainted with the
materials of a criminal case, with special investigative actions
that are not attached to a criminal case (primary documents).
(3) An investigating judge shall not be permitted to replace
the person directing the proceedings and the supervising
prosecutor in pre-trial criminal proceedings by giving
instructions regarding the direction of an investigation and the
performance of investigative actions.
(4) An investigating judge has the following rights during an
investigation and criminal prosecution:
1) to familiarise himself or herself with all materials in a
criminal proceeding wherein a proposal of the person directing
the proceedings, a complaint or application of a person, or
application for removal has been submitted;
2) to request additional information from the person directing
the proceedings in criminal proceedings wherein special
investigative actions are being performed or a security measure
related to imprisonment is applied, as well as to determine terms
for performance of special investigative actions;
3) to apply a procedural sanction regarding the non-execution
of duties or the non-observance of procedures during pre-trial
criminal proceedings;
4) to propose that officials who are authorised to conduct
criminal proceedings are held liable for infringements of human
rights that have been permitted as a result of an actualisation
of criminal procedural authorisation.
(5) An investigating judge may also have other rights and
duties specially specified in this Law.
[19 January 2006; 12 March 2009; 14 January 2010; 21
October 2010]
Section 42. Maintainer of State
Prosecution
(1) A state prosecution shall be maintained in a court of
first instance by the prosecutor who has transferred the criminal
case to the court. A chief prosecutor may assign the maintenance
of prosecution to another prosecutor.
(2) A state prosecution shall be maintained in an appellate
court to the extent possible by the same prosecutor who
maintained such prosecution in a court of first instance. A chief
prosecutor may assign the maintenance of the state prosecution to
another prosecutor.
(3) [12 March 2009]
[12 March 2009; 7 January 2021]
Section 43. Authorisation of a
Maintainer of State Prosecution in a Court of First Instance and
Appellate Court
(1) In maintaining prosecution in a court of first instance
and appellate court, a prosecutor has the following duties and
rights:
1) to refuse the maintenance of prosecution with the consent
of a higher-ranking prosecutor, if reasonable doubts exist
regarding the guilt of the accused;
2) to submit a recusation, if grounds specified by law
exist;
3) to express himself or herself regarding each matter to be
decided in court;
4) to direct a verification of evidence of the prosecution,
and to participate in a verification of other evidence;
5) to request an interval for the submission of additional
evidence or for the drawing up of a new prosecution;
6) to submit requests;
7) to speak in court debates;
8) to familiarise himself or herself with the minutes of a
court hearing, full text of a ruling, and complaints submitted by
persons;
9) to appeal court rulings, if there are grounds to do so.
(2) A prosecutor shall have the authorisations indicated in
Paragraph one of this Section in all criminal proceedings
regardless of the special features of the progress of proceedings
in cases of separate categories.
[12 March 2009; 21 October 2010]
Section 43.1 Prosecutor
in a Cassation Court
(1) In a cassation court, a prosecutor shall express a
position regarding the legality and justification of a court
ruling.
(2) A prosecutor in a cassation court has the rights and
duties specified in Chapter 54 of this Law.
[12 March 2009]
Section 44. Maintainer of Private
Prosecution
[21 October 2010]
Section 45. Higher-ranking
Prosecutor in Criminal Proceedings
(1) A higher-ranking prosecutor shall control, in accordance
with the procedures laid down in the law, how a prosecutor
implements his or her authorisation.
(2) The following shall fulfil the duties of a higher-ranking
prosecutor:
1) a court district prosecutor if the functions of a
prosecutor specified in this Law are performed by a prosecutor or
chief prosecutor of the district (city) office of the
prosecutor;
2) a prosecutor of the Office of the Prosecutor General if the
functions of a prosecutor specified in this Law are performed by
a prosecutor of the office of the prosecutor of a court
district;
3) the chief prosecutor of the Office of the Prosecutor
General if the functions of a prosecutor specified in this Law
are performed by the chief prosecutor or a prosecutor of the
Division of the Office of the Prosecutor General, a prosecutor of
the Department of the Office of the Prosecutor General, or the
chief prosecutor of a court district, as well as on the basis of
the initiative thereof;
4) the Prosecutor General if the functions of a prosecutor
specified in this Law are performed by the chief prosecutor of
the Department of the Office of the Prosecutor General;
5) any prosecutor if he or she has been authorised in specific
criminal proceedings by the Prosecutor General or the chief
prosecutor of the Office of the Prosecutor General;
6) a European Delegated Prosecutor if the European Prosecutor
has authorised him or her in criminal proceedings within the
competence of the European Public Prosecutor's Office.
(3) [19 January 2006]
[19 January 2006; 7 January 2021]
Section 46. Duties and Rights of a
Higher-ranking Prosecutor
(1) A higher-ranking prosecutor has the following duties:
1) to decide on complaints in relation to the decisions and
actions of a supervising prosecutor and a prosecutor - person
directing the proceedings;
2) to decide rejections within the competence thereof;
3) [7 January 2021];
4) [7 January 2021];
5) [7 January 2021];
6) [7 January 2021];
7) to decide whether withdrawal from prosecution is justified
and lawful.
(2) A higher-ranking prosecutor has the following rights:
1) to familiarise himself or herself with all materials in a
criminal proceeding wherein he or she performs the functions of a
higher-ranking prosecutor;
2) [7 January 2021];
3) assign a prosecutor the performance of the functions of a
prosecutor - person directing the proceedings, or undertake such
functions himself or herself;
4) [7 January 2021];
5) [7 January 2021];
6) to give instructions to an investigator, a supervising
prosecutor or a prosecutor - person directing the proceedings
regarding the selection of the form of proceedings, the direction
of pre-trial proceedings, and the performance of investigative
actions;
7) to revoke the decisions of an investigator, a member of an
investigative group, and a lower-ranking prosecutor;
8) to give instructions to a maintainer of state prosecution
regarding the tactic for verifying evidence and for submitting
additional sources of evidence;
9) to decide on the proposal of a maintainer of state
prosecution to withdraw from the maintenance of prosecution in
court, approving such decision, or to undertake such prosecution
himself or herself.
[19 January 2006; 12 March 2009; 7 January 2021]
Section 47. Judge as the Person
Directing the Proceedings in the Preparation of a Criminal Case
for Trial
(1) In preparing a case for trial, a judge shall:
1) ascertain the jurisdiction of such case for the court;
2) decide the matter on the possibility for the trial of such
case;
3) determine the time and place for the trial, and the form of
the trial;
4) assign the Court Registry to perform preparatory
activities.
(2) During preparation, a judge shall not evaluate evidence
and the legal qualification of an offence, and shall not take
decisions on settlement of criminal legal relations.
Section 48. Court as the Person
Directing the Proceedings
(1) In examining a criminal case, a court shall have the
authorisation of the person directing the proceedings in the
leading of criminal proceedings and in the ensuring of procedural
order, as well as the exclusive right to administer justice.
(2) A court shall do the following to fulfil the function
thereof:
1) to request each person to fulfil the criminal procedural
obligation and follow the procedures during a court hearing;
2) to apply procedural sanctions;
3) to participate in a verification of evidence without
interfering in the maintenance of prosecution and the
actualisation of defence;
4) to decide received applications, requests, and
recusations;
5) to examine and hear a case, and to announce a ruling;
6) to take measures in order to hold liable officials who
conduct criminal proceedings and implement the authorisation
thereof fraudulently.
(3) [12 March 2009]
[12 March 2009]
Section 49. Judge as the Person
Directing the Proceedings after Trial of a Case and the Making of
a Ruling
After trial of a case and making of a ruling, and until the
transferral of such ruling for execution or the sending thereof
to a court of the next instance, a judge shall:
1) ensure the availability of the minutes of the court hearing
and the ruling on the specified day to all persons provided for
in the Law;
2) assign the sending of the criminal case together with
submitted complaints to a court of the next instance;
3) convene the composition of the court in order to decide the
unsatisfied objections attached to the minutes of the court
hearing;
4) take the decision to transfer the ruling of the court for
execution and to assign the performance of the necessary
activities for the execution of such decision;
5) convene the composition of the court in order to decide
matters related to the execution of the court ruling.
Chapter 4 Conditions that Prohibit
the Conduct of Criminal Proceedings
Section 50. Inadmissibility of a
Conflict of Interests in Criminal Proceedings
(1) An official shall not be allowed to undertake
authorisation to conduct criminal proceedings if, by doing so,
such person comes into a conflict of interests, that is, if the
personal interests of such person do not coincide with the
objective of criminal proceedings either directly or indirectly,
or if conditions exist that justifiably give the person involved
in the criminal proceedings a reason to allow for such
interest.
(2) [21 October 2010]
(3) The persons referred to in Paragraph one of this Section
shall refuse to conduct criminal proceedings as soon as a
conflict of interests is discovered.
(4) Persons who conduct criminal proceedings have the
obligation to achieve the exclusion of a person who has a
conflict of interests from criminal proceedings by taking a
decision within the framework of the competence thereof or by
submitting a recusation.
[21 October 2010; 20 June 2018]
Section 51. Conclusive Conditions of
a Conflict of Interests
The existence of a conflict of interests is recognised without
any clarification of additional conditions if an official who
conducts criminal proceedings:
1) is in a relation of kinship to the third degree, a relation
of affinity to the second degree, or is married to the person who
conducts defence, or with the victim or representative
thereof;
2) receives, or if the spouse, children, or parents thereof
receive income from the person who conducts defence, or from the
victim or representative thereof;
3) is related to a common household with the person who
conducts defence, or with the victim or representative
thereof;
4) has an explicit conflict of interests with the person who
conducts defence, or with the victim or representative
thereof;
5) is a witness, victim or representative thereof in such
proceedings, or the person in such proceedings who conducts
defence, or has conducted defence or representation of the
victim.
[12 March 2009; 11 June 2009; 20 June 2018]
Section 52. Conflict of Interest
Conditions for Individual Persons Involved in Criminal
Proceedings
(1) Persons who are mutually connected by marriage, a common
household, or kinship of the first degree shall not be involved
in one pre-trial criminal proceedings if such persons are the
following in the specific criminal proceedings:
1) the supervising prosecutor or the person directing the
proceedings in an investigation;
2) the higher-ranking prosecutor, person directing the
proceedings, or supervising prosecutor;
3) the investigating judge, person directing the proceedings,
or supervising or higher-ranking prosecutor;
(2) The person who has the right to decide on a recusation
shall decide a matter on termination of the conflict of interests
referred to in Paragraph one of this Section.
(3) The investigating judge shall not be the person who has
been the person directing the proceedings or supervising
prosecutor in the same criminal proceedings.
(4) A judge shall not participate in examination of a case if
he or she:
1) has participated in pre-trial criminal proceedings or
proceedings of court of first instance or appellate court in any
status;
2) is in kinship to the third degree, affinity to the second
degree, or married to another judge involved in the trial, the
maintainer of prosecution, or the prosecutor who has transferred
the criminal case for trial, or if he or she has a common
household with the referred to judge, maintainer of prosecution,
or prosecutor.
[27 September 2018]
Section 53. Grounds for a Recusation
of an Expert and Auditor
In addition to the conditions referred to in Sections 50 and
51 of this Law, the grounds for a recusation of an expert and an
auditor may also be insufficient professional readiness for the
fulfilment of the relevant obligations.
Section 54. Recusal of Oneself from
Conducting the Criminal Proceedings
(1) In a conflict of interest situation, a report on the
recusal of oneself from conducting the criminal proceedings shall
be submitted by:
1) a member of an investigative group, an expert, and an
auditor - to the person directing the proceedings;
2) the person directing the proceedings in an investigation
and the direct supervisor of an investigator - to a supervising
prosecutor;
3) a supervising prosecutor, a prosecutor - a person directing
the proceedings and a maintainer of state prosecution - to a
chief prosecutor;
31) a chief prosecutor - to a higher-ranking
prosecutor;
4) a higher-ranking prosecutor - to a chief prosecutor;
5) an investigating judge - to the chief judge;
6) a judge until the initiation of trial or after the transfer
of ruling for execution - to the chief judge;
7) a judge, in trying a criminal case - to the composition of
the court;
8) the chief judge - to a chief judge of the court that is one
level higher.
(2) An official who has received a report shall ensure the
replacement of the resigned person, or shall recognise the
resignation as unfounded and assign to continue conducting of the
criminal proceedings.
[12 March 2009; 7 January 2021]
Section 55. Submission of
Recusation
(1) A person who conducts defence, a victim, or a person
authorised to conduct proceedings, if such person has certain
conditions that prohibit an official from conducting the specific
criminal proceedings, shall submit the recusation of such person
to the persons referred to in Section 54, Paragraph one of this
Law who have the right to decide on the recusation. If a
recusation for a maintainer of a State prosecution is submitted
during a court hearing, it shall be decided by the composition of
the court. If a recusation for an investigating judge is
submitted during a court hearing, it shall be decided by the
investigating judge.
(2) In pre-trial criminal proceedings and examination of a
case, a recusation shall be submitted in writing up to the
initiation of a trial, but orally during a court hearing,
recording such recusation in the minutes of the court
hearing.
(3) A recusation may not be submitted more than once on the
same grounds.
(4) A submitted recusation shall not be reasoned with the
actions of a person in the specific criminal proceedings. Actions
shall be appealed in accordance with the procedures laid down in
the law.
[12 March 2009; 11 June 2020]
Section 56. Taking of a Decision on
a Submitted Recusation
(1) An examination of the motives for recusation shall be
initiated without delay. A decision shall be taken if the grounds
for recusation have been approved or if conviction has been
acquired that the grounds for recusation do not exist.
(2) An explanation shall be received in all cases from the
person for whom a recusation has been submitted.
(3) In exceptional cases, a person may be relieved from the
execution of duties until the taking of a decision.
Section 57. Appealing the Decision
on Recusation or a Refusal to Reject
(1) A decision on recusation, or a refusal to reject, taken
outside a court hearing may be appealed within 10 days:
1) a decision of the person directing the proceedings in an
investigation - to the supervising prosecutor;
2) the decision of a supervising prosecutor or chief
prosecutor - to a higher-ranking prosecutor;
3) a decision of a higher-ranking prosecutor - to the next
higher-ranking prosecutor;
4) [12 March 2009];
5) [19 January 2006];
6) the decision of a European Delegated Prosecutor - to the
European Prosecutor.
(2) The decision taken during a court hearing shall not be
subject to appeal.
(3) A decision of the persons referred to in Paragraph one of
this Section shall not be subject to appeal.
[19 January 2006; 12 March 2009; 7 January 2021]
Section 58. Consequences of Failing
to Prevent a Conflict of Interests
(1) A person shall be held liable as specified by law if a
conflict of interests is not knowingly prevented, especially if
conditions exist that in themselves exclude the participation of
the person in criminal proceedings.
(2) The determination of the conditions referred to in
Paragraph one of this Section shall be grounds for the revoking
of a decision taken by the relevant person and for the doubting
of the admissibility of the acquired evidence.
Chapter 5 Persons who Conduct
Defence
Section 59. Grounds for Conducting
Defence
(1) Grounds for conducting defence shall be an assumption or
allegation expressed in writing in accordance with the procedures
laid down in this Law by an official authorised for the conduct
of criminal proceedings that a person has committed a criminal
offence.
(2) Depending on acquired evidence, assumptions shall be
divided in the following manner:
1) the actual possibility exists that the person has committed
the criminal offence to be investigated (criminal proceedings
against the person may be initiated);
2) individual facts provide the grounds to believe that the
such person has committed the criminal offence (the person may be
detained);
3) the totality of evidence provides grounds for the
assumption that such person has most likely committed the
criminal offence to be investigated (person may be a
suspect);
4) the totality of evidence provides grounds for the
prosecutor - the person directing the proceedings to assume that
precisely this person has committed the specific criminal offence
(person may be prosecuted);
5) the prosecutor - person directing the proceedings does not
doubt that he or she will be able to convince the court with the
existing evidence that reasonable doubts do not exist regarding
the fact that precisely such person has committed a specific
criminal offence.
(3) An assumption shall achieve the form of an allegation
if:
1) a person who has the right to defence certifies, in
accordance with the procedures laid down in the law, that the
assumption of a prosecutor is correct, and both affirm that the
person has committed a specific criminal offence;
2) a court, in evaluating evidence, determines that a person
has committed a specific criminal offence.
(4) For a legal person, grounds for conducting defence shall
be an assumption expressed by the person directing the
proceedings in accordance with the procedures laid down in this
Law that a natural person has committed a criminal offence in the
interests or for the benefit of or as a result of insufficient
supervision or control by the very legal person.
(5) [12 March 2009]
[12 March 2009; 14 March 2013]
Section 60. Persons who Conduct
Defence
(1) A person who has the right to defence shall conduct his or
her procedural defence, that is, a person:
1) regarding whom the assumption or allegation referred to in
Section 59 of this Law has been expressed;
2) against whom proceedings are taking place for the
determination of compulsory measures of a medical nature;
3) against whom criminal proceedings have been terminated for
non-exonerating reasons;
4) against whom criminal proceedings have been terminated in
connection with the existence of conditions that exclude criminal
liability, if such person disputes his or her own actions
provided for in the Criminal Law.
(11) The person who has performed an act conforming
to the constituent elements of a criminal offence provided for in
the Criminal Law, but cannot be held criminally liable due to his
or her juvenility, also has the right to defence. This person has
the same right to defence as the person against whom criminal
proceedings have been initiated.
(2) The following also implement the right to procedural
defence of a person entitled to procedural defence:
1) defence counsel;
2) a representative;
3) a person who makes a stand for the exoneration of a
deceased person.
(3) If the assumption or allegation referred to in Section 59
of this Law has been expressed regarding a natural person who
operates in the interests of a legal person, such legal person
shall implement its procedural right to defence with the
assistance of a representative.
[12 March 2009; 27 September 2018]
Section 60.1 Obligation
of a Person who has the Right to Defence to Notify Address for
Receiving Consignments
(1) A person who has the right to defence has an obligation to
notify in writing a postal or electronic address of receipt of
his or her consignments upon request of the person directing the
criminal proceedings.
(2) By a notification referred to in Paragraph one of this
Section a person shall undertake to receive consignments sent by
an official conducting criminal proceedings within 24 hours and
arrive without delay upon invitation of a person directing the
criminal proceedings or to fulfil other referred to criminal
procedural obligation.
(4) If a consignment is sent in an adequate manner to the
notified address, it shall be considered that after expiration of
the term referred to in Paragraph two of this Section has been
received by an addressee.
(4) A person has a duty immediately, but not later than within
one working day, to notify the person directing the criminal
proceedings regarding the change of an address for receiving
consignments indicating a new address.
[12 March 2009]
Section 60.2 Fundamental
Rights of a Person who has the Right to Defence in Criminal
Proceedings
(1) A person who has the right to defence has the following
rights:
1) to immediately retain a defence counsel and enter into an
agreement with him or her or to use the legal assistance ensured
by the State if the person is incapable of entering into an
agreement with the defence counsel at the person's own
expense;
2) to meet a defence counsel in circumstances that ensure
confidentiality of the conversation without a special permit from
the person directing the proceedings and without limitation of
time;
3) to receive legal assistance from a defence counsel;
4) to request participation of an advocate for ensuring
defence in a separate procedural action in the cases provided for
by the law, if an agreement on defence has not been entered into
yet with a particular advocate or this defence counsel has been
unable to appear;
5) to receive from the person directing the proceedings a list
of advocates who practice in the relevant court district, as well
as to use telephone free of charge for retaining a defence
counsel;
6) to be notified of what assumption has been made or what
suspicion has arisen against the person or what prosecution has
been brought against him or her;
7) to receive an oral or written translation in a language
comprehensible to him or her in accordance with the procedures
and in the scope laid down in the law;
8) to stay silent, testify or refuse to testify;
9) to appeal the procedural decisions in the cases, within the
terms and in accordance with the procedures laid down in the
law;
10) to request information regarding the direction of the
criminal proceedings, regarding officials who conduct or have
conducted the particular criminal proceedings, regarding the
restrictions of the rights applicable to a person and their time
periods;
11) to request that a defence counsel be replaced, if the
obstacles to his or her participation determined in the Law
exist.
(2) Failure to testify shall not be judged as interference
with divulging the truth in the case and evasion of the pre-trial
proceedings and the trial.
(3) In addition to the rights laid down in Paragraph one of
this Section the detained, and also the suspect or the accused,
to whom the security measure related to the deprivation of
liberty is applied, has the following rights:
1) to become familiar with those materials of the case which
justify the proposal to apply a security measure related to the
deprivation of liberty insofar as such access does not infringe
the fundamental rights of other persons, the interests of the
society and does not interfere with the achievement of the
objective of criminal proceedings;
2) to request that his or her immediate family, educational
institution, employer is notified of his or her detention or
arrest, as well as to contact one of them, insofar as such
contacting does not endanger the fundamental rights of other
persons, public interests and does not hinder the achievement of
the objective of criminal proceedings. A foreigner has the right
to request that the diplomatic or consular mission of his or her
country is notified of his or her detention or arrest, as well as
to contact it;
3) to receive information regarding rights to emergency
medical assistance and healthcare in accordance with the laws and
regulations;
4) to receive information regarding the maximum number of
hours or months for which the person's liberty may be restricted
during pre-trial proceedings.
(31) In addition to the rights laid down in
Paragraphs one and three of this Section, a minor who has the
right to defence has the following rights:
1) to participate in procedural actions together with a
representative;
2) to participate in procedural actions together with a
trusted person;
3) right to specific arrangements for the protection of
private life;
4) to receive individual assessment;
5) right to have the procedural compulsory measures that are
alternative to deprivation of liberty primarily applied;
6) right to special treatment during the application of the
compulsory measure related to the deprivation of liberty.
(4) As soon as the person has acquired the right to defence,
the information related to the rights laid down in Paragraphs
one, three and 3.1 of this Section shall be
immediately issued in writing and, where necessary, explained to
him or her. The person shall confirm with his or her signature
that the information has been issued and, where necessary, the
rights have been explained.
[23 May 2013; 29 May 2014; 18 February 2016; 20 June 2018;
27 September 2018]
Section 61. Person against whom
Criminal Proceedings have been Initiated
(1) If the actual possibility exists that a specific person
has committed a criminal offence to be investigated, criminal
proceedings shall be initiated against such person. If in
initiating proceedings there is already grounds for the
expression of the referred to assumption, then the specific
person shall be indicated in the decision to initiate criminal
proceedings.
(2) If in the initiated criminal proceedings information is
obtained, that it is possible that the specific person has
committed the criminal offence under investigation, such person
shall acquire the status of a person against whom criminal
proceedings have been initiated.
(3) From the moment when the person referred to in Paragraphs
one and two of this Section is involved in the performance of
procedural activities, or the person directing the proceedings
has publicly made known information regarding the initiation of
criminal proceedings against such person, such person shall
acquire procedural right to defence.
(4) A person against whom criminal proceedings have been
initiated has the fundamental rights laid down in Section
60.2, as well as the rights determined in Section 66,
Paragraph one, Clauses 3, 9, 12, 13, 14, and 16 of this Law, and
the obligations determined in Section 67, Paragraph one, Clauses
1, 1.1, 2, 5, and 6 of this Law. Security measures
shall not be applied to such persons.
(5) From the moment indicated in Paragraph three of this
Section, a person has the right to the completion of criminal
proceedings in a reasonable term.
(6) During the term of the conducting of procedural
activities, a person against whom criminal proceedings have been
initiated shall not be photographed, filmed, or recorded in any
other way with technical means for the purpose of using the
obtained materials in the mass media without the consent of such
person.
[19 January 2006; 12 March 2009; 23 May 2013; 29 May 2014;
20 June 2018; 11 June 2020]
Section 62. Detained Person
(1) A detained person shall be a person who is temporarily
detained, in accordance with the procedures laid down in the law,
because separate facts provide grounds to believe that such
person has committed a criminal offence.
(2) A person shall acquire the status of detained person at
the moment of actual detention.
(3) A person shall lose the status of detained person if:
1) criminal proceedings are terminated as a whole or against
the particular person;
2) the person is recognised as a suspect or accused; or
3) the person is released from a temporary place of detention
and has not been recognised as a suspect or accused. In such case
the relevant person shall acquire the status of a person against
whom criminal proceedings have been commenced.
[17 May 2007]
Section 63. Rights of a Detained
Person
(1) A detained person has the fundamental rights determined in
Section 60.2 of this Law, as well as the right:
1) to become familiar with the detention protocol and receive
an excerpt from this Law regarding the rights and duties of a
detained person;
2) to express orally or in writing his or her attitude in
relation to the justification for detention;
3) to submit a recusation;
4) to submit complaints regarding the actions of
officials;
5) to submit requests for the emergency conduct of
investigative actions as a result of which evidence may be
acquired for the approval of unjustified suspicions.
(2) An image of a detained person recorded during procedural
actions as a photograph, video, or by other types of technical
means shall not be published in the mass media without the
consent of such detained person unless such publication is
necessary for the disclosure or prevention of a criminal
offence.
(3) [23 May 2013]
[19 January 2006; 12 March 2009; 23 May 2013; 27 September
2018]
Section 64. Duties of a Detained
Person
(1) A detained person has a duty to provide true identifying
information regarding himself or herself.
(11) A detained person has a duty to provide true
testimonies if he or she is exercising the right to testify.
(2) A detained person has the obligation to allow for himself
or herself to be subjected to a study of an expert, and issue
samples the creation of which does not depend on the will of the
person for comparative study.
(3) A detained person shall comply with specified procedures
during the conducting of procedural actions.
[27 September 2018; 11 June 2020]
Section 65. Suspects
A suspect is such a person as regards whom the totality of
evidence provides grounds for the person directing the
proceedings to assume that the investigated criminal offence was
most likely committed by the respective person. The person
obtains the status of a suspect from the moment when the person
directing the proceedings takes the relevant decision.
[20 June 2018]
Section 66. Rights of a Suspect
(1) From the moment when a person is notified that he or she
is recognised as a suspect, such person has the fundamental
rights determined in Section 60.2 of this Law, as well
as the right:
1) to receive a copy of the decision by which such person has
been recognised as a suspect, or a notification of the decision
taken in accordance with urgent procedures, and an excerpt from
this Law regarding the rights and obligations of a suspect;
2) [20 June 2018];
3) to submit a recusation;
4) to submit applications regarding the performance of
investigative actions and participation thereof;
5) to participate in investigative actions that are performed
on the basis of an application of such person or his or her
defence counsel, if such participation does not hinder the
performance of investigative actions or does not infringe the
rights of another person;
6) to receive a reasoned decision if the suspect has been
refused participation in the investigative actions that are
performed upon his or her request or upon request of his or her
defence counsel;
7) to familiarise himself or herself with the decision to
determine an expert-examination before transferring it for
execution, if the expert-examination applies to such person, and
to request the raising of additional questions regarding in
relation to which the expert must give a conclusion, except in
cases where an expert-examination has been determined during
another investigative action;
8) to become familiar with the opinion of the
expert-examination after receipt thereof, if the
expert-examination has been performed subject to the application
of the person;
9) to submit complaints, in accordance with the procedures
laid down in the law, regarding action of an official authorised
for the conduct of criminal proceedings;
10) [29 May 2014];
11) to express his or her attitude in oral or written form
towards suspicions expressed;
12) to require that measures for regulation of criminal legal
relations are taken with the consent of the person;
13) to settle with the victim;
14) to submit an application regarding termination of criminal
proceedings;
15) to participate with the investigating judge in examination
of proposals of the person directing the proceedings and the
person's own and his or her defence counsel's complaints and
applications, unless the Law determines other procedures for
examination;
16) to express a wish to co-operate with the officials who are
conducting the criminal proceedings.
(2) An image of a suspect recorded during procedural actions
as a photograph, video, or by other types of technical means
shall not be published in the mass media without the consent of
such suspect unless such publication is necessary for the
disclosure or prevention of a criminal offence.
(3) [23 May 2013]
[19 January 2006; 12 March 2009; 21 October 2010; 23 May
2013; 29 May 2014; 20 June 2018; 27 September 2018]
Section 67. Obligations of a
Suspect
(1) From the moment when a person is notified that he or she
is recognised as a suspect, such person shall have the following
obligations:
1) to arrive for the conduct of the proceedings in a specific
time at the place indicated by an authorised official, if the
summons has been made in accordance with the procedures laid down
in law;
11) to provide true testimonies if he or she is
exercising the right to testify;
2) to not delay and hinder the progress of criminal
proceedings;
3) to comply with the provision of a security measure and the
restrictions referred to in the Law;
4) to allow for himself or herself to be subjected to a study
of an expert, and issue samples the creation of which does not
depend on the will of the person for comparative study;
5) to comply with the specified procedures during the
performance of procedural actions;
6) to indicate the fact that during the commitment of the
criminal offence, such person was in another place (hereinafter -
the alibi), or the conditions provided for in the Criminal Law
that exclude criminal liability.
(2) The non-execution of the provision of a security measure
or the lawful requests of officials, the violation of specific
restrictions, or the non-observance of procedures shall be
grounds for the matter to be decided on the application of a
stricter security measure, the determination of additional
restrictions, or the application of procedural sanctions.
[27 September 2018; 11 June 2020]
Section 68. Termination of the
Status of a Suspect
(1) A person shall lose the status of a suspect, if:
1) criminal proceedings are terminated completely or against
the specific person;
2) the decision with which such person has been recognised as
a suspect is revoked;
3) such person is held criminally liable and the criminal
prosecution thereof is initiated;
4) proceedings for determination of compulsory measure of
medicinal nature have been initiated against him or her.
(2) The fact that the decision with which a person has been
recognised as a suspect has been revoked shall not be an obstacle
to the repeated recognition of such person as a suspect, if
additional evidence is obtained that provides sufficient grounds
for the assumption that precisely such person has most likely
committed a criminal offence; nevertheless, such person shall
retain the rights to the completion of criminal proceedings in a
reasonable term. If the decision is revoked, but criminal
proceedings are not terminated against the relevant person, such
person shall retain the status of the person against whom the
criminal proceedings have been initiated.
(3) A person against whom criminal prosecution has been
initiated may not be recognised as a suspect for the same
criminal offence.
[12 March 2009]
Section 69. Accused Person
(1) An accused person shall be the person who is held
criminally liable, with a decision of the person directing the
proceedings, regarding the committing of a criminal offence, and
against whom initiated criminal proceedings have not been
terminated, and who has not been acquitted or found guilty with a
court judgment that has entered into effect.
(2) One and the same person may not simultaneously be the
accused and the suspect in the same criminal proceedings.
Section 70. Rights of an Accused in
Pre-trial Proceedings
(1) An accused has the same rights in pre-trial criminal
proceedings as a suspect, as well as the following rights:
1) after completion of pre-trial criminal proceedings, to
receive copies of all the materials of a criminal case to be
transferred to a court, which relate to the accusation brought
against him or her and his or her personality, if such materials
have not been issued earlier or with the consent of a prosecutor
to become acquainted with these materials;
2) to submit applications up to the end of the pre-trial
criminal proceedings and to become acquainted with the received
or presented materials of a criminal case to be transferred to a
court;
3) after completion of pre-trial criminal proceedings, to
submit an application to the investigating judge requesting that
he or she be acquainted with the materials of special
investigative actions that are not attached to the criminal case
(primary documents);
4) to give consent or not give consent to the termination of
criminal proceedings, conditionally freeing him or her from
criminal liability, or to the prosecutor's penal order;
5) to agree with the person directing the proceedings -
prosecutor regarding the completion of criminal proceedings in an
agreement process;
6) to agree with the person directing the proceedings -
prosecutor regarding the possibility for a criminal case in a
prosecution wherein the accused is incriminated to be examined in
court without verification of evidence;
7) to revoke the complaints of defence counsel.
(2) Separate rights may be restricted in accordance with the
procedures laid down in the law, or implemented in a particular
way, depending on the selected form of proceedings.
(3) [23 May 2013]
(4) Following the completion of the pre-trial criminal
proceedings and receipt of a decision to transfer the case to a
court the accused may submit to a court those requests which have
arisen upon getting acquainted with the materials of the
case.
[19 January 2006; 12 March 2009; 21 October 2010; 23 May
2013]
Section 71. Rights of an Accused in
a Court of First Instance
An accused in a court of first instance has the fundamental
rights determined in Section 60.2 of this Law, as well
as the right:
1) to find out the place and time of the trial in a timely
manner;
2) to participate in person in the trial of the criminal
case;
3) to submit a recusation;
4) [27 September 2018];
5) to agree to the non-performance of a verification of
evidence in a court hearing;
6) to express his or her opinion regarding each matter to be
discussed, if it applies to his or her prosecution or personal
characterising data;
7) to participate in examination of each piece of evidence,
performed directly and orally, if the evidence applies to his or
her prosecution or personal characterising data;
8) to submit to the court a reasoned request to express his or
her opinion and participate in verification of evidence also in
cases if the matter or evidence to be verified does not directly
apply to his or her prosecution or personal characterising
data;
9) to submit requests;
10) to speak in court debates, if the defence counsel does not
participate;
11) to say the last word;
12) to receive a copy of a court ruling and familiarise
himself or herself with the minutes of a court hearing, as well
as to submit notes thereon in writing, which shall be attached to
the materials of the criminal case;
13) to appeal a court ruling in accordance with the procedures
laid down in the law.
[23 May 2013; 27 September 2018]
Section 72. Rights of an Accused in
an Appellate Court
(1) In an appellate court, the rights of an accused are to be
held by an accused:
1) who has submitted an appellate complaint;
2) regarding the prosecution of whom a prosecutor or victim
has submitted an appellate protest or complaint;
3) whose interests are directly infringed upon with an
appellate complaint in the part regarding the prosecution of
another accused; and
4) if a judge - person directing the proceedings has
recognised such rights as necessary.
(2) In a hearing of an appellate court, an accused has the
same rights as in a court of first instance, as well as the
right:
1) to receive copies of the appellate complaint or protest
that is the grounds for his or her participation in an appellate
court;
2) to receive information regarding the term for examination
of complaints;
3) to submit objections or explanations regarding the
appellate complaint or protest;
4) to maintain and justify his or her complaint, or withdraw
his or her complaint or the complaint of a defence counsel.
(3) If a complaint is examined in a written procedure in an
appellate court, an accused has the right:
1) to receive copies of the appellate complaint or protest
that is the grounds for his or her participation in the appellate
court;
2) to submit objections or explanations regarding the
appellate complaints and protest, as well as submit objections
against trial of the case in a written procedure;
3) to submit a recusation to the composition of the court, or
an individual judge;
4) to receive information regarding the procedures for the
examination of the complaint and protest and the day of
availability of the ruling;
5) to withdraw his or her complaint or a complaint of a
defence counsel.
(4) An accused has the right, starting from the day specified
by a court, to receive a copy of the ruling of an appellate court
and submit a cassation complaint.
[12 March 2009]
Section 73. Rights of an Accused in
a Cassation Court
(1) In a cassation court, the rights of an accused are to be
held by an accused:
1) who has submitted a cassation complaint;
2) regarding the prosecution of whom a prosecutor or victim
has submitted a cassation protest or complaint;
3) whose interests are directly infringed upon with a
cassation complaint in the part regarding the prosecution of
another accused; and
4) if a judge - person directing the proceedings has
recognised such rights as necessary.
(2) In a court of cassation, until trial of a case is
commenced an accused has the fundamental rights determined in
Section 60.2 of this Law, as well as the right:
1) to receive copies of the cassation complaint or protest
that is the grounds for his or her participation in the cassation
court;
2) to receive information regarding the term and procedures
for examination of complaints;
3) to submit objections or explanations regarding the
cassation complaint or protest;
4) to retain a defence counsel.
(3) If a case is tried in the oral procedure in a court
hearing, an accused has the right to maintain or withdraw his or
her complaint or a complaint of a defence counsel, and to express
his or her view regarding other complaints that have been the
grounds for the recognition of the status of an accused in a
cassation court, as well as to submit a recusation.
(4) If a complaint is examined in a written procedure in a
cassation court, an accused has the right:
1) to receive copies of the cassation complaint or protest
that is the grounds for his or her participation in the cassation
court;
2) to submit a recusation;
3) to submit written objections regarding the complaints of
other persons;
4) to submit a reasoned request for the examination of a
complaint in the oral procedure in a court hearing in his or her
presence.
[12 March 2009; 23 May 2013]
Section 74. Duties of an Accused
An accused has the same duties in all stages of criminal
proceedings as a suspect.
Section 74.1 Convicted
Person
An accused shall acquire the status of a convicted person from
the date of the entering into effect of a judgment of conviction
or a prosecutor's penal order.
[21 October 2010]
Section 74.2 Rights of a
Convicted Person
(1) During the execution of a ruling, a convicted person has
the right to the protection in the court of his or her lawful
interests related to the transfer of the ruling for execution,
that is, the right:
1) to retain a defence counsel;
2) to participate in court hearings and to testify;
3) to submit materials, which have been prepared in order to
examine the matter regarding the execution of the ruling;
4) to submit complaints regarding decisions of the judge.
(2) Upon examining matters related to the execution of a
ruling, the participation of a defence counsel in the cases
determined in this Law is mandatory.
(3) During the execution of a prosecutor's penal order, a
convicted person has the right to the protection of his or her
rights to lawful interests in the Office of the Prosecutor, if
they are related to the execution of the punishment determined in
the penal order, but in matters related to the substitution of
the punishment determined in the penal order or release from
punishment in accordance with the procedures laid down in laws -
in the court.
[21 October 2010]
Section 74.3 Duties of a
Convicted Person
A convicted person has a duty:
1) to arrive for the conduct of the proceedings in a specific
time at the place indicated by an authorised official, if the
summoning has been made in accordance with the procedures laid
down in law;
2) not to delay and hinder the process of examining the
matters, which have arisen during the execution of a ruling;
3) to comply with the specified procedures during the
performance of procedural actions;
[21 October 2010]
Section 75. Rights of a Person
against whom Proceedings is being Held for Determination of
Compulsory Measures of a Medical Nature
(1) A person who has committed a criminal offence in a state
of incapacity, but who may participate in criminal proceedings,
in accordance with the conclusion of a court psychiatric
expert-examination, regarding the determination of a compulsory
measure of a medical nature, has the same rights as an accused,
except for the right to refuse a defence counsel and the right to
speak in court debates.
(2) The person referred to in Paragraph one of this Section
has the right to the payment from State resources of the
assistance of a defence counsel.
(3) If, in accordance with a conclusion of a court psychiatric
expert-examination, a person may not participate in criminal
proceedings, all the rights thereof to defence shall be
implemented by a defence counsel and a representative.
[12 March 2009]
Section 76. Rights of a Person
against whom Criminal Proceedings have been Terminated for
Reasons Other Than Exoneration
(1) If a person, against whom criminal proceedings have been
terminated in connection to limitation period of criminal
liability or act of amnesty, does not admit his or her guilt in
the committing of a criminal offence, such person has the right
to submit a complaint regarding the decision of an investigator
or prosecutor on the termination of criminal proceedings in the
court that has jurisdiction over examination of the relevant
criminal offence in the first instance.
(2) During the examination of a complaint, the submitter of
the complaint has the same rights as an accused in a court of
first instance, except for the right to the last word and the
right to appeal a court ruling.
[12 March 2009]
Section 77. Rights of a Person who
Pleads Exoneration of a Deceased Person
(1) If criminal proceedings are terminated with a decision of
the person directing the proceedings for reasons other than
exoneration, in substance finding a person guilty for the
committing of a criminal offence, and the person dies after such
termination, the legal representatives or the immediate family of
such person, or persons at the disposal of whom are facts that
testify to the innocence of such deceased person, may enter into
criminal proceedings in order to exonerate the deceased
person.
(2) The persons referred to in Paragraph one of this Section
have the right to request the continuation of criminal
proceedings, assigning an advocate for the defence of the claim
referred to in the application, and determining the framework of
the advocate's authorisation.
(3) A person who has requested the continuation of proceedings
has the same rights as an accused in pre-trial proceedings and in
court, except for the right to the last word in court.
(4) In pre-trial proceedings and in court, the advocate who
conducts the defence of the requests referred to in an
application has the same rights as a defence counsel in
proceedings regarding the determination of a compulsory measure
of a medical nature, when the defendant cannot participate in
proceedings.
[12 March 2009]
Section 78. Rights of a Person
against whom Criminal Proceedings have been Terminated in
Connection with Conditions that Exclude Criminal Liability
(1) If criminal proceedings are terminated in connection with
the fact that a person has committed a criminal offence which has
the signs of content of a criminal offence provided for in the
Criminal Law without exceeding the limits of necessary
self-defence, while conducting detention, in a state of extreme
necessity, or as a result of justified professional risk, or has
fulfilled a criminal command or criminal order, but such person
disputes factual circumstances, such person has a right to submit
a complaint regarding the decision of the investigator or the
prosecutor in the court that has jurisdiction over examination of
the relevant criminal offence in the first instance.
(2) During the examination of a complaint, the submitter of
the complaint has the same rights as an accused in a court of
first instance, except for the right to the last word and the
right to appeal a court ruling.
[12 March 2009]
Section 79. Defence Counsel
(1) A defence counsel shall be an advocate practicing in
Latvia who implements the defence in criminal proceedings, or a
specific stage or separate procedural action thereof of a person
who has the right to defence
(2) The following may be a defence counsel in criminal
proceedings:
1) a sworn advocate;
2) an assistant of a sworn advocate;
3) a citizen of a European Union Member State who has acquired
the classification of an advocate in one of the Member States of
the European Union;
4) a foreign advocate (except for the advocate referred to in
Paragraph three of this Section) in accordance with the
international agreement regarding legal assistance binding on the
Republic of Latvia.
(3) A defence counsel shall participate in a case from the
moment of an agreement, if the defendant has obtained the right
to defence in accordance with the procedures laid down in this
Law. A defence counsel may not refuse the defence that he or she
must conduct in accordance with an agreement without the consent
of the defendant.
(4) A defence counsel provided by the State shall participate
in a case from the moment of acceptance of a task until the
termination of criminal proceedings, except in the cases when he
or she is invited to ensure defence in a separate procedural
action. Conduct of defence in a separate procedural action shall
not impose the obligation to undertake defence in the entire
criminal proceedings on an advocate.
(5) The rights of an advocate as a defence counsel to
participate in criminal proceedings shall be attested by an order
to be submitted to the person directing the proceedings without
delay.
(6) A defence counsel shall not undertake the defence of
another person, or provide legal assistance thereto, if such
undertaking or provision is in conflict with the interests of the
defendant with whom an agreement was signed earlier.
(7) A defence counsel shall not enter into an agreement
regarding the defence of several persons in one criminal
proceedings if conflicts exist between the defence interests of
such persons.
(8) If one person has several defence counsels and any of them
has not arrived to a procedural action, it shall not be an
obstacle for the performance of the procedural action.
[19 June 2008; 12 March 2009; 11 June 2020]
Section 80. Retaining a Defence
Counsel
(1) An agreement with an advocate regarding defence shall be
entered into by the person himself or herself or other persons in
the interests thereof. Upon undertaking the provision of legal
assistance, the advocate shall not delay conducting of a case
within reasonable terms.
(2) The person directing the proceedings shall not enter into
an agreement regarding defence and may not retain a particular
advocate as a defence counsel, but shall ensure an interested
person with the necessary information and provide such person
with the opportunity to use means of communication for the
retention of the defence counsel.
(3) If a person who has the right to defence or another person
in his or her interests has not entered into an agreement on
defence, but the participation of a defence counsel is mandatory
or the person wishes for the participation of a defence counsel,
the person directing the proceedings shall notify the senior of
the sworn advocates of the territory of the relevant court
process of the necessity to ensure the participation of a defence
counsel in criminal proceedings.
(4) The senior of sworn advocates shall, not later than within
three working days after receipt of the request of the person
directing the proceedings, notify the person directing the
proceedings regarding the participation of the relevant advocate
in criminal proceedings.
[19 June 2008; 27 September 2018; 11 June 2020]
Section 81. Retaining a Defence
Counsel in a Separate Procedural Action
(1) If an agreement on defence has not been concluded or a
defence counsel with whom the agreement has been concluded may
not be present for the performance of procedural action, the
person directing the proceedings shall invite an advocate to
ensure defence in the following separate procedural actions:
1) investigative actions in which the detained person is
involved;
2) announcement of the decision on recognition as a suspect,
and the first interrogation of the suspect;
3) examination by an investigating judge of a matter related
to the application of a security measure.
(2) The person directing the proceedings for ensuring defence
in a separate procedural action shall invite an advocate in
conformity with the schedule of the advocates on duty compiled by
the senior of the sworn advocates of the territory of the
relevant court process.
(3) The person directing the proceedings shall invite a
defence counsel in accordance with the procedures laid down in
Paragraph two of this Section, if an investigative action with
the participation of a minor needs to be performed and the
defence counsel of the minor with whom the agreement has been
entered into cannot arrive within the nearest four hours.
[19 June 2008; 27 September 2018]
Section 82. Rights and Duties of a
Defence Counsel in Ensuring Defence in an Individual Procedural
Action
(1) In ensuring the defence of a detained person, a suspect,
or an accused in an individual procedural action, a defence
counsel has the same rights and duties in connection with a
specific procedural action as a defence counsel who participates
in the entire proceedings.
(2) A defence counsel may meet with the defendant both before
and after a procedural action in order to prepare for the
performance of the operation, and to discuss the results
thereof.
(3) A defence counsel has also the right, after completion of
an operation and independent of the defendant, to use the rights
specified for a defence counsel in the submission of a complaint
regarding the actions of officials, and in the submission of a
request, if such use arises directly from the performed operation
and complies with the co-ordinated defence position of the
defendants.
(4) A defence counsel, using his or her professional knowledge
and experience, shall provide a detained person, suspect, or
accused with the legal information and recommendations that are
necessary in order to designate a defence position corresponding
to the conditions, and to implement such position.
Section 83. Mandatory Participation
of a Defence Counsel
(1) The participation of a defence counsel is mandatory in
criminal proceedings:
1) if a minor or person with diminished mental capacity has
the right to defence;
2) regarding the determination of compulsory measures of a
medical nature;
3) if such proceedings are continued in connection with an
application regarding the exoneration of a deceased person;
4) if the right to defence is held by a person who is not able
to completely use his or her procedural rights due to a mental or
other health impairment;
5) if the right to defence is held by an illiterate person or
a person with a level of education so low that such person may
not completely use his or her procedural rights.
(2) [30 March 2017]
(3) During a trial the participation of a defence counsel is
mandatory, if a case is examined while the accused is absent (in
absentia) or without the participation of the accused, as well as
if the trial is taking place under the proceedings regarding the
application of coercive measures on a legal person, whereby such
proceedings are isolated in separate records, and the
representative of the legal person does not participate in the
trial.
[12 March 2009; 21 October 2010; 14 March 2013; 23 May
2013; 30 March 2017]
Section 84. Payment for the
Assistance of a Defence Counsel
(1) Payment for the assistance of a defence counsel shall be
ensured, in accordance with an agreement, by the person who has
retained the defence counsel and signed the agreement.
(2) The Cabinet shall determine the amount of payment and
reimbursable expenses related to the provision of the ensured
legal assistance, the amount and expenses thereof to an advocate
for the provision of legal assistance, provided by the State, to
a person who has not entered into an agreement regarding
defence.
[19 June 2008]
Section 85. Rights to Exemption from
Payment for the Assistance of a Defence Counsel
(1) The following have the right to exemption from payment for
the assistance of a defence counsel, which in such case shall be
covered from State resources:
1) a person whose financial situation excludes the possibility
to ensure payment from his or her own resources for the
assistance of a defence counsel;
2) a person whose representative must mandatory participate in
criminal proceedings in accordance with Section 83, Paragraph one
of this Law.
(2) A decision on payment from State resources of the
assistance of a defence counsel shall be taken by an
investigating judge in pre-trial proceedings, or by the court in
trial.
[30 March 2017]
Section 86. Rights and Duties of a
Defence Counsel
(1) A defence counsel has all the rights that are held by his
or her defendant in the relevant proceedings, as well as the
right:
1) to request and receive, in accordance with the procedures
laid down in laws and regulations, information necessary for the
defence of a person;
2) to participate, in accordance with the procedures
corresponding to the form and stage of proceedings, in an
interrogation of the defendant, to participate in other
investigative actions regarding the performance of which a person
who has the right to defence or the defence counsel has submitted
a request, and to participate in the investigative actions
wherein the defendant would be entitled to participate, but does
not do so;
3) to familiarise himself or herself in criminal proceedings,
in the cases of mandatory defence referred to in Section 83,
Paragraph one of this Law, with all the materials of the case
from the moment of the submission of the prosecution, and to
receive copies of such materials;
4) to familiarise himself or herself, after completion of a
pre-trial criminal proceedings, with the materials of a criminal
case, and to copy the necessary materials with technical
means;
5) to speak in court debates;
6) to submit an application regarding the renewal of criminal
proceedings in connection with newly disclosed circumstances.
(2) A defence counsel shall not replace a defendant, but shall
operate in the interest thereof. Only a defendant shall be
represented by himself or herself in the procedural actions
wherein his or her subjective view is expressed, and, in
particular:
1) in the expression of his or her attitude toward the
suspicions or prosecution;
2) in the provision of testimony;
21) in the selection of simpler proceedings;
3) in the last word.
(3) A defence counsel has the right to meet with a defendant
detained or arrested in conditions ensuring confidentiality,
without restrictions on the number or duration of meeting times,
and without the special permission of the person directing the
proceedings, and, if necessary, inviting an interpreter. Such
meeting may take place in the visual control conditions of an
authorised official, but outside of hearing distance.
(31) A defence counsel, who participates in
investigative actions, has the right:
1) to pose questions to a person who has the right to defence,
witnesses, victims, their representatives, an expert, a
specialist;
2) to familiarise himself or herself with the minutes of
investigative actions and make written notes in such minutes
regarding the correctness and completeness of records;
3) to ask that the questions rejected by the person directing
the proceedings are registered in the minutes of investigative
actions.
(4) If there is specific information on facts that testify
that a defence counsel uses his or her rights in order to delay a
procedural action, or consciously violates his or her rights, an
investigating judge, on the basis of a proposal of the person
directing the proceedings, or a court may restrict the duration
of meetings or provide that meetings occur in conditions that
exclude the transferral of written materials or other objects to
the defendant. The Latvian Council of Sworn Advocates shall be
notified regarding such decision.
(5) A defence counsel has an obligation to use his or her
professional knowledge and experience, as well as all the means
and techniques of defence indicated in the Law, in order to
ascertain what the justifying and mitigating circumstances are
for a person who has the right to defence, and to provide such
person with the necessary legal assistance.
(6) In appealing the ruling of a prosecutor on the completion
of proceedings, a defence counsel shall inform the defendant.
(7) A defence counsel is not entitled to disclose information
regarding what has been made known to him or her in connection
with the conduct of defence without the consent of the
defendant.
[12 March 2009]
Section 87. Conditions that Prohibit
an Advocate from Participating in Criminal Proceedings
(1) An advocate shall not undertake defence or the provision
of legal assistance, and he or she shall inform the defendant
regarding the necessity to revoke an agreement if such agreement
has already been entered into, if:
1) he or she has provided or provides legal assistance in such
case to the person whose interests are in conflict with the
interests of the person who requested the provision of legal
assistance in the same case;
2) [12 March 2009];
3) the interests of the defendant are in conflict with the
interest of the advocate or of persons with whom such defendant
is in a relation of kinship to the third degree, affinity to the
second degree, or to whom he or she is married or with whom he or
she has a common household;
4) earlier in such proceedings, the advocate was an official
who was authorised to conduct criminal proceedings;
5) the official with whom the advocate has a relation of
kinship to the third degree, affinity to the second degree, or to
whom he or she is married or with whom he or she has a common
household conducts or has conducted the specific criminal
proceedings;
6) the advocate is a witness or victim in such
proceedings.
(2) If an advocate continues to operate in a conflict of
interest situation, the person involved in criminal proceedings
may express a recusation to the advocate, which shall be decided
by the person directing the proceedings.
[12 March 2009; 20 June 2018]
Section 88. Refusing of a Defence
Counsel
(1) A person who has the right to defence is entitled to
refuse a defence counsel. Such refusal shall be allowed only on
the basis of the initiative of the person himself or herself. The
refusing of a defence counsel shall not be an obstacle to the
participation, in criminal proceedings, of a maintainer of State
prosecution and the defence counsel of another person.
(2) If a person who has the right to defence refuses a defence
counsel, it shall be explained to him or her that the person
himself or herself will implement his or her defence henceforth.
Refusal of a defence counsel shall be recorded in the minutes of
the procedural action, and the person shall certify with his or
her signature that the refusing of a defence counsel has taken
place voluntarily and upon initiative of the person himself or
herself. If a person who has the right to defence has expressed a
request regarding the participation of a defence counsel, the
refusal of a defence counsel may take place only in the presence
of the defence counsel.
(3) The persons referred to in Section 83, Paragraph one of
this Law may not refuse the defence counsel.
[12 March 2009; 18 February 2016]
Section 89. Representative and
Trusted Person of a Minor
(1) In order to completely ensure the rights and interests of
a minor person who has the right to defence, the representative
thereof may participate in criminal proceedings.
(11) When deciding on the recognition of a person
as the representative, the person directing the proceedings shall
take into account the ability and willingness of this person to
genuinely protect interests of the minor and shall evaluate his
or her suitability for the achievement of the objective of
criminal proceedings. A person against whom criminal proceedings
have been initiated, detained person, suspect or the accused may
not be a representative.
(2) The following persons may be representatives:
1) one of the lawful representatives (mother, father,
guardian);
2) one of the grandparents, or a brother or sister of legal
age, if the minor has lived together with one of such persons and
the relevant member of the immediate family takes care of the
minor;
3) [27 September 2018];
4) [27 September 2018].
(21) If the person referred to in Paragraph two of
this Section does not exist, cannot be reached or refuses to
participate, or the person directing the proceedings has not
recognised this person in accordance with Paragraph
1.1 of this Section, another person of legal age which
shall be indicated by the minor may be recognised as the
representative.
(22) If the person referred to in Paragraph two of
this Section or another person indicated by the minor is not
recognised as the representative, a representative of an
authority protecting the rights of children or such
non-governmental organisation which fulfils the function of
protecting the rights of children shall be recognised as the
representative.
(3) A representative shall be permitted to participate in
criminal proceedings, or he or she shall be replaced upon a
decision of the person directing the proceedings, which may also
be written in the manner of a resolution.
(4) A representative shall be permitted to participate in
criminal proceedings from the moment when a minor has acquired
the right to defence, and a decision has been taken on
participation of his or her representative.
(5) A decision shall be taken without delay, but not later
than within three working days.
(6) A representative shall terminate his or her participation
in criminal proceedings when the person to be represented attains
legal age.
(7) With the permission of the person directing the
proceedings, a minor has the right to participate in procedural
activities together with the trusted person, unless this person
is involved in criminal proceedings.
[12 March 2009; 27 September 2018]
Section 90. Rights of the
Representative of a Minor Person in the Actualisation of
Defence
(1) If a minor person has the right to defence, his or her
representative is entitled:
1) to know the procedural status and rights of the person to
be represented;
2) to receive copies of the decisions determining the status
of the person to be represented, or a notification of the
decisions taken in accordance with urgent procedures that
includes their content, and information regarding his or her
rights;
21) to receive written information with an
explanation of the rights of the person to be represented;
3) to submit a recusation to the official who conducts the
criminal proceedings;
4) to submit complaints regarding the actions and decisions of
officials, to submit requests in accordance with the same
procedures as the person to be represented;
5) after completion of pre-trial criminal proceedings, if a
security measure related to deprivation of liberty is applied to
the minor, to receive copies of those materials of the criminal
case to be submitted to the court, which apply to the accusation
brought against the person to be represented and his or her
personality, if such materials have not been issued earlier or
with the consent of a prosecutor to become acquainted with these
materials;
6) [19 January 2006];
7) to receive information regarding the term and place of the
trial of a criminal case in a court of any instance;
8) to participate in closed court hearings;
9) to familiarise himself or herself with court rulings in
accordance with the same procedures as a defence counsel;
10) to appeal court rulings in accordance with the same
procedures and amount as the person to be represented;
11) to retain a defence counsel for the enforcement of the
rights of defence.
(2) A representative may participate with the consent of the
person directing the proceedings in the procedural actions
wherein the person to be represented participates.
[19 January 2006; 12 March 2009; 20 June 2018; 27 September
2018]
Section 91. Representative in
Criminal Proceedings regarding the Determination of Compulsory
Measures of a Medical Nature
(1) In order to completely ensure the rights and interests of
a person who has committed a criminal offence in a state of
incapacity, the representative thereof may participate in
criminal proceedings.
(2) The following may be a representative:
1) a trustee;
2) a spouse;
3) a mother, father, or guardian;
4) one of the grandparents, persons of legal age - a brother
or sister, a son or daughter, or another member of the immediate
family;
5) a representative of such non-governmental organisation that
performs the function of protecting the rights of persons with
mental disabilities;
6) a representative of the Orphan's and Custody Court.
(3) A representative shall be permitted to participate in
criminal proceedings, or he or she shall be replaced upon a
decision of the person directing the proceedings, which may also
be written in the manner of a resolution. In deciding such
matter, the person directing the proceedings shall observe the
sequence specified in Paragraph two of this Section and the
opportunities and desire of the specific persons to truly protect
the interests of the person in a state of incapacity, as well as
take into account the opinion of the person to be represented
insofar as it is possible.
(4) A representative of a person who has committed a criminal
offence, and proceedings for the determination of compulsory
measures of a medical nature have been initiated because the
person has fallen ill with mental disturbances after committing
of the criminal offence, may also participate in criminal
proceedings.
(5) A representative shall be permitted to participate in
criminal proceedings from the moment when proceedings are
initiated for the determination of compulsory measures of a
medical nature, and a decision has been taken on participation of
the representative.
(6) A representative shall terminate his or her participation
in criminal proceedings if the proceedings are continued in
accordance with general procedures.
[12 March 2009; 29 May 2014; 30 March 2017]
Section 92. Rights of a
Representative in Proceedings Regarding the Determination of
Compulsory Measures of a Medical Nature
(1) The representative of a person who has committed a
criminal offence in a state of incapacity has the right:
1) to receive information regarding his or her own rights and
the rights of the person to be represented;
2) to submit a recusation to the official who conducts the
criminal proceedings;
3) to submit complaints regarding the actions and decisions of
officials, to submit requests in accordance with the same
procedures as the person to be represented;
4) after completion of pre-trial criminal proceedings, to
receive copies of those materials of the criminal case to be
submitted to the court, which directly apply to a criminal
offence committed by a person to be represented, if such
materials have not been issued earlier or with the consent of a
prosecutor to become acquainted with these materials of the
criminal case;
5) [19 January 2006];
6) to receive information regarding the term and place of
examination of a criminal case in a court of any instance;
7) to participate in closed court hearings;
8) to familiarise himself or herself with court rulings, and
to appeal such rulings in accordance with the same procedures as
a defence counsel;
(2) The rights referred to in Paragraph one of this Section
are also to be held by the representative of a person who has
fallen ill with mental disturbances after committing of a
criminal offence.
[19 January 2006; 12 March 2009; 20 June 2018]
Section 93. Representative of a
Legal Person in Proceedings regarding the Application of a
Coercive Measure
(1) In order to ensure the rights and interests of a legal
person in proceedings regarding the application of a coercive
measure to the legal person in connection with a criminal offence
of a natural person committed in the interests of such legal
person, a representative of the legal person may participate in
criminal proceedings.
(2) The following may be a representative of a legal
person:
1) a natural person in accordance with the authorisations that
have been specified in documents governing the activities of the
legal person;
2) a natural person, on the grounds of a power of attorney
issued specially for such purpose.
(3) The representative of a legal person may not be a person
who is a victim in the specific criminal proceedings, or the
personal interests of whom or of the immediate family of whom are
in conflict with the interests of the legal person to be
represented.
(4) A representative shall be permitted to participate in
proceedings, or he or she shall be replaced upon a decision of
the person directing the proceedings, which may also be written
in the manner of a resolution.
(5) Failure of the representative to participate in the
proceedings shall not be an obstacle for the continuation with
the proceedings.
(6) If a person has been a witness earlier in the same
proceedings, the person directing the proceedings shall assess
the possibility of this person to be a representative.
[12 March 2009; 14 March 2013]
Section 94. Rights of a Legal Person
in Proceedings Regarding the Application of a Coercive
Measure
(1) The rights of a legal person shall be exercised by the
representative thereof. From the time when a person is permitted
to participate in the proceedings regarding the application of a
coercive measure as the representative of a legal person
according to the decision of the person directing the
proceedings, such person has the right:
1) to receive a copy of such decision by which the proceedings
regarding the application of a coercive measure have been
initiated;
2) to retain a defence counsel at the expense of the legal
person for full enforcement of rights;
3) [20 June 2018];
4) to submit a recusation to the official who conducts the
criminal proceedings;
5) to file applications regarding the performance of
investigative actions and participation therein;
6) to participate in the investigative actions that are
performed subject to the application by the person or the defence
counsel, unless such participation interferes with the
performance of the investigative actions or infringes the rights
of another person;
7) to receive a reasoned decision if the representative of the
legal person is refused the participation in the investigative
actions performed subject to his or his request of the request of
the defence counsel;
8) to become familiar with the opinion of the
expert-examination after receipt thereof, if the
expert-examination has been performed subject to the application
of the person;
9) to file complaints in the cases, within the terms and in
accordance with the procedures laid down in the law regarding
action of an official authorised for the conduct of
proceedings;
10) to appeal the procedural decisions in the cases, within
the terms and in accordance with the procedures laid down in the
law;
11) to express his or her attitude with regard to an expressed
assumption orally or in writing;
12) to testify or refuse to testify;
13) to require that measures for regulation of criminal legal
relations are taken with the consent of the person;
14) to reach a settlement with the victim;
15) to file an application for termination of the
proceedings;
16) to express a wish to co-operate with the officials who
conduct the proceedings;
17) to receive copies of the materials of the criminal case to
be handed over to the court after completion of pre-trial
proceedings, which refer to the particular legal person, upon an
application thereof, unless such copies have been issued earlier;
or to become familiar with such materials subject to the consent
by the prosecutor;
18) to withdraw the complaints of the defence counsel;
19) to agree or disagree to the termination of the proceedings
by applying the prosecutor's penal order regarding a coercive
measure.
(2) In the court, the representative of a legal person has the
same rights as an accused.
[14 March 2013; 20 June 2018]
Section 94.1 Duties of
the Representative of a Legal Person in Proceedings Regarding the
Application of a Coercive Measure
From the time when a person is permitted to participate in the
proceedings regarding the application of a coercive measure as
the representative of a legal person according to the decision of
the person directing the proceedings, such person has a duty:
1) to arrive at the specified time at the place indicated by
an official authorised to conduct the proceedings, if the
summoning has been made in accordance with the procedures laid
down in the law;
2) not to delay or interfere with the progress of the
proceedings;
3) to conform to the specified procedures during the
performance of procedural actions.
[14 March 2013]
Chapter 6 Victims and the
Representation thereof
Section 95. Persons who may be
Victims
(1) A victim in criminal proceedings may be a natural person
or legal person to whom harm was caused by a criminal offence,
that is, a moral injury, physical suffering, or a material
loss.
(2) A victim in criminal proceedings may not be a person to
whom moral injury was caused as a representative of a specific
group or part of society.
(3) If a person dies, one of the members of the immediate
family of the deceased may be the victim in criminal
proceedings.
[12 March 2009; 18 February 2016]
Section 96. Recognition as a
Victim
(1) A person shall be recognised as a victim by the person
directing the proceedings, with his or her decision which may
also be written in the form of a resolution.
(2) The person directing the proceedings shall inform a person
in a timely manner regarding the rights thereof to be recognised
as a victim in criminal proceedings.
(3) A person may be recognised as a victim only with the
consent of such person or his or her representative. A person who
does not want to be a victim shall obtain the status of a
witness. If a person, due to physical or mental deficiencies, is
not able to express his or her will to be a victim by himself or
herself, the person shall be recognised as a victim without his
or her consent.
(4) A court may recognise a person as a victim during the
trial of a criminal case up to the commencement of a court
investigation in a court of first instance, if such request is
submitted to a court. A decision of the court shall be entered in
the minutes and it shall not be subject to appeal.
(5) If a victim has died after commencement of a court
investigation in a court of first instance or during examination
of a case in an appellate court, and a request of a person
referred to in Section 95, Paragraph three of this Law has been
applied to a court, the court may recognise such person as a
victim. A decision of a court shall be recorded in the minutes
and it shall not be subject to appeal. In such case the trial
shall not be commenced de novo, but a victim upon his or her
application has the right to familiarise himself or herself with
the materials of a criminal case and the minutes of a court
hearing.
[12 March 2009; 14 January 2010; 18 February 2016]
Section 96.1 Specially
Protected Victim
(1) The following victims shall be specially protected:
1) a minor;
2) a person who is not able to completely exercise his or her
procedural rights due to a mental or other health
deficiencies;
3) a person who has suffered from a criminal offence directed
against the morality or sexual inviolability of a person, or from
human trafficking;
4) a person who has suffered from a criminal offence related
to violence or threat of violence and committed by a member of
the immediate family, former spouse of the victim or by a person
with whom the victim has been in a continuous intimate
relationship;
5) a person who as a result of a criminal offence has been,
possibly, inflicted serious bodily injuries or mental
impairments;
6) a person who has suffered from a criminal offence,
possibly, committed due to racial, national, ethnic, or religious
reasons.
(2) By a decision of the person directing the proceedings also
a victim who is not referred to in Paragraph one of this Section,
but who, due to the harm inflicted as a result of a criminal
offence, is particularly vulnerable and is not protected from
repeated threat, intimidation, or revenge, shall be recognised as
a specially protected victim.
(3) Information regarding the status of a specially protected
victim shall be indicated in the decision to recognise a person
as a victim. The decision taken shall be notified to the victim
and his or her representative, if any. The court shall recognise
a victim as specially protected in accordance with the procedures
laid down in Section 96, Paragraph four of this Law.
(4) If the circumstances referred to in Paragraph one or two
of this Section have become known after a decision has been taken
to recognise a person as a victim, the person directing the
proceedings may take a decision to determine the status of a
specially protected victim as soon as he or she has become aware
of such circumstances. The decision taken shall be notified to
the victim and his or her representative, if any.
(5) A specially protected victim may participate in procedural
activities, with a permission of the person directing the
proceedings, together with the trusted person, unless it is a
person against whom criminal proceedings have been initiated, a
detained, a suspect, or an accused.
(6) A specially protected victim may request and receive
information regarding release or escape of such arrested or
convicted person from a place of imprisonment or a place of
temporary detention who has inflicted harm to him or her, if
there is a threat to the victim and there is not risk of harm to
the arrested or convicted person. Such request may be notified
until making of a final ruling in criminal proceedings.
[18 February 2016; 27 September 2018]
Section 97. General Principles of
the Rights of a Victim
(1) A victim, by taking into account the amount of moral
damages, physical suffering, and financial loss caused to him or
her, shall submit the amounts of such harm, and use his or her
procedural rights for acquiring moral and financial
compensation.
(2) A victim may enforce all of the rights referred to in
Sections 98, 99, 100, and 101 of this Law only in the part of
criminal proceedings that directly applies to the criminal
offence with which harm was caused to him or her.
(3) [18 February 2016]
(31) [18 February 2016]
(4) A victim - natural person may implement the rights thereof
himself or herself, or with the intermediation of a
representative.
(5) The rights of a victim - legal person shall be implemented
by the representative thereof.
(6) [18 February 2016]
(7) A victim shall implement his or her rights voluntarily and
in an amount designated by him or her. The non-utilisation of
rights shall not delay the progress of proceedings.
(8) [18 February 2016]
(9) An image of a victim recorded as a photograph, video, or
by other types of technical means shall not be published in the
mass media during procedural actions without the consent of such
victim if such publication is not necessary for the disclosure of
a criminal offence.
(10) Until ascertaining the age of a victim regarding whose
legal age there are doubts, the victim shall have the rights of a
minor victim.
(11) The representative of the victim or provider of legal aid
ensured by the State shall participate in the case from the
moment of accepting the task until the termination of criminal
proceedings.
[12 March 2009; 29 January 2015; 18 February 2016; 27
September 2018]
Section 97.1 Fundamental
Rights of a Victim in Criminal Proceedings
(1) A victim has the following rights:
1) to receive information regarding the conditions for
applying for and receipt of a compensation, including State
compensation and to submit an application regarding compensation
for the harm inflicted in accordance with the procedures laid
down in this Law;
2) to participate in criminal proceedings, using the language
in which he or she is fluent, if necessary, using the assistance
of an interpreter without remuneration;
3) to not testify against himself or herself or against his or
her immediate family;
4) to settle with a person who has inflicted harm to him or
her, as well as to receive information regarding implementation
of the settlement and its consequences;
5) to retain an advocate for the receipt of legal
assistance;
6) to submit an application for taking measures in case of a
threat to the person himself or herself, his or her immediate
family or property;
7) in the cases provided for in this Law to submit an
application regarding reimbursement of procedural expenses which
have arisen during criminal proceedings;
8) to submit a complaint in the cases, within the terms and in
accordance with the procedures laid down in this law regarding a
procedural ruling or an action of an official authorised for the
conduct of criminal proceedings;
9) to receive contact information for communication regarding
the particular criminal proceedings;
10) to receive information regarding the support and medical
assistance available;
11) to request information regarding the direction of the
criminal proceedings, regarding the officials who conduct or have
conducted criminal proceedings.
(11) During testifying a victim shall have the same
rights as a witness.
(2) A victim, his or her guardian or trustee has the right, in
all stages of criminal proceedings and in all forms thereof, to
request that a European protection order is issued, if the
grounds for taking a European protection order laid down in this
Law exist.
(3) As soon as the person is recognised a victim, he or she
shall, without delay, be issued and, if necessary, explained the
information regarding the fundamental rights of the victim. The
victim shall confirm with his or her signature that the
information has been issued and, if necessary, the rights have
been explained.
[18 February 2016; 30 March 2017; 20 June 2018; 11 June
2020]
Section 98. Rights of a Victim in
Pre-trial Criminal Proceedings
(1) A detained person has the fundamental rights laid down in
Section 97.1 of this Law in pre-trial criminal
proceedings, as well as the right:
1) to submit a recusation to the official who conducts the
criminal proceedings;
2) [12 March 2009];
3) to submit applications for the performance of investigative
and other operations;
4) to familiarise himself or herself with a decision to
determine an expert-examination before the transferral thereof
for execution, and to submit an application regarding the
amendment thereof, if the expert-examination is conducted on the
basis of his or her own application;
5) [19 January 2006];
6) [18 February 2016];
7) [18 February 2016];
8) after completion of pre-trail criminal proceedings, to
receive copies of the materials of the criminal case to be
transferred to a court that directly apply to the criminal
offence with which harm has been caused to him or her, if such
materials have not been issued earlier, or with the consent of a
prosecutor to become acquainted with these materials of a
criminal case;
9) [19 January 2006];
10) to submit a request to the investigating judge that he or
she be acquainted with the materials of special investigative
actions that are not attached to the criminal case (primary
documents);
11) to receive a written translation in the cases provided for
in the law.
(11) A victim in criminal proceedings regarding a
criminal offence related to violence or directed against gender
inviolability or morality has the right to request the person
directing the proceedings to inform him or her regarding the
progress of the criminal proceedings in the part regarding such
criminal offence, by which he or she was caused harm.
(2) [11 June 2020]
[19 January 2006; 12 March 2009; 29 May 2014; 18 February
2016; 20 June 2018; 11 June 2020]
Section 99. Rights of a Victim in a
Court of First Instance
(1) A victim in a court of first instance has the fundamental
rights laid down in Section 97.1 of this Law, as well
as the right:
1) to find out the place and time of the trial in a timely
manner;
2) to submit a recusation to the composition of the court, an
individual judge, a maintainer of state prosecution, and an
expert;
3) to participate himself or herself in examination of a
criminal case;
4) to express his or her view regarding every matter to be
discussed;
5) to participate in an examination performed directly and
orally of each piece of evidence to be examined in court;
6) to submit applications;
7) to speak in court debates;
8) to familiarise himself or herself with a court ruling and
the minutes of a court hearing;
9) [18 February 2016].
(2) In addition to the rights laid down in Paragraph one of
this Section a specially protected victim may request that his or
her participation and hearing in a court hearing takes place
using technical means.
[19 January 2006; 18 February 2016]
Section 100. Rights of a Victim in
an Appellate Court
(1) If a ruling of a court of first instance is appealed in
the part regarding a criminal offence with which harm was caused
to a victim, the person directing the proceedings shall send
copies of received appellate complaints to the victim, and an
appellate court shall notify of the time, place, and procedures
for the examination of complaints.
(2) In a court hearing, a victim has the same rights as in a
court of first instance, as well as the right to maintain and
justify his or her complaint, or withdraw such complaint.
(21) If a decision has been taken to examine the
case in a written procedure, a victim has the right to submit a
recusation to the composition of the court, or an individual
judge, as well as submit objections against trial of the case in
a written procedure.
(3) A victim has the right to receive a ruling of an appellate
court on the day specified by the court, and to submit a
cassation complaint.
[12 March 2009]
Section 101. Rights of a Victim in a
Cassation Court
(1) If a ruling of an appellate court is appealed in the part
regarding a criminal offence with which harm was caused to a
victim, the person directing the proceedings shall send copies of
received cassation complaints to the victim, and a cassation
court shall notify of the time, place, and procedures for the
examination of complaints.
(2) If a complaint is examined in a written procedure in a
cassation court, a victim has the right:
1) to submit a recusation to the composition of the court, or
an individual judge;
2) to submit written objections regarding the complaints of
other persons;
3) to submit a reasoned request for the examination of a
complaint in the oral procedure in an open court hearing in his
or her presence.
(3) In examining a case in a court hearing in proceedings
taking place orally, a victim has the right to submit
recusations, maintain or withdraw his or her complaint, and to
express a view regarding other complaints that have been the
grounds for his or her participation in a cassation court.
Section 102. Victim in a Private
Prosecution Case
[21 October 2010]
Section 103. Duties of a Victim
(1) A victim has the obligation to arrive at the time and
place indicated by an official authorised to conduct criminal
proceedings, and to participate in an investigative action.
During testifying a victim shall have the same duties as a
witness.
(2) A victim does not have a duty to use his or her procedural
rights, and he or she may not be asked to be subjected to
conveyance by force, if such victim is not asked in connection
with the necessity to participate in an investigative action.
(3) Upon a request of the person directing the proceedings, a
victim has an obligation to immediately notify in writing the
postal or electronic address for the receipt of his or her
consignments. By this notification a victim undertakes to receive
consignments within 24 hours sent by officials conducting
criminal proceedings and to arrive without delay on the basis of
a summon of the person directing the proceedings or perform other
referred to criminal-procedural obligations.
[12 March 2009; 11 June 2020]
Section 104. Persons who may be the
Representative of a Victim - Natural Person
(1) A victim - natural person of legal age may be represented
by any natural person of legal age who is not subject to
trusteeship, on the grounds of the authorisation of the victim,
which is drawn up as a notarially certified power of attorney. If
the victim has expressed the authorisation orally, the person
directing the proceedings shall draw it up in writing. Such power
of attorney shall be signed by the victim and the representative,
and the person directing the proceedings shall certify the
signatures of the parties. An oral authorisation expressed during
a court hearing shall be recorded in the minutes of the court
hearing. An order shall certify the right of an advocate to
participate in the criminal proceedings as a representative.
(2) If harm has been caused to a minor person, the victim
shall be represented by:
1) a mother, father, or guardian;
2) one of the grandparents, a brother or sister of legal age,
if the minor has lived together with one of such persons and the
relevant member of the immediate family takes care of the
minor;
3) a representative of an authority protecting the rights of
children;
4) a representative of such non-governmental organisation that
performs the function of protecting the rights of children.
(21) If harm has been caused to a minor who stays
in the Republic of Latvia without the presence of the persons
referred to in Paragraph two of this Section, the victim may be
represented by such person of legal age who during the time of
stay in the Republic of Latvia is responsible for the minor.
(3) If harm has been inflicted to a person who is subject to
trusteeship due to mental or other health impairment, the victim
shall be represented by his or her trustee, any of the persons
referred to in Paragraph two of this Section, or a representative
of such non-governmental organisation who carries out protection
of the interests and rights of persons with mental
impairments.
(31) If harm has been inflicted to a person who due
to physical or mental impairments has been recognised a victim
without his or her consent, the victim shall be represented by
any of his or her relatives.
(4) In the cases referred to in Paragraphs two,
2.1, three, and 3.1 of this Section, all
the rights of a victim belong completely to his or her
representative, and the victim may not independently implement
such rights, except for the rights of a minor to provide
testimony and express his or her view.
(5) If the rights of a minor and the protection of the
interests thereof are encumbered or otherwise not ensured, or the
representatives referred to in Paragraph two of this Section
submit a reasoned request, the person directing the proceedings
shall take a decision on retaining of an advocate as the
representative of a minor victim. In exceptional cases, the
person directing the proceedings shall take a decision on
retaining of the representative - advocate of a victim - a person
in need or low-income person of legal age, if it is otherwise not
possible to ensure the protection of the rights and interests of
the person in criminal proceedings. The person directing the
proceedings shall invite an advocate also in cases when any
member of the immediate family is not able to represent the
victim referred to in Paragraph 3.1 of this Section. In such
cases, the Cabinet shall determine the amount of payment for the
provision of legal assistance ensured by the State and
reimbursable expenses related to the provision of legal
assistance ensured by the State, the amount thereof and
procedures for payment.
(6) In the cases provided for in Paragraph five of this
Section, the person directing the proceedings shall notify the
decision on necessity to ensure a representative in criminal
proceedings to the senior of the sworn advocates of the territory
of the relevant court process. Not later than within three
working days after receipt of the request of the person directing
the proceedings, the senior of the sworn advocates shall notify
the person directing the proceedings regarding the participation
of the relevant advocate in criminal proceedings. The person
directing the procedures, which are to be carried out immediately
and in which the victim has been involved, if necessary, shall
retain an advocate for ensuring representation in conformity with
the schedule of the advocates on duty compiled by the senior of
the sworn advocates in the territory of the relevant court
process.
(7) [21 October 2010]
(8) A representative of a minor person or a victim who is
subject to trusteeship due to mental or other health impairment
shall be permitted to participate in criminal proceedings with a
decision by the person directing the proceedings, which may also
be written in the manner of a resolution.
(9) In deciding a matter regarding permission for a person to
participate in criminal proceedings as a representative of a
minor victim or a victim who is subject to trusteeship due to
mental or other health impairment, the person directing the
proceedings shall observe the sequence specified in Paragraph two
of this Section, and the possibilities and desire of the specific
persons to truly protect the interests of the victim.
[19 June 2008; 12 March 2009; 21 October 2010; 23 May 2013;
18 February 2016]
Section 105. Representation of a
Victim - Legal Person in Criminal Proceedings
(1) A legal person that has been recognised as a victim may be
represented by natural persons:
1) in accordance with the authorisations specified in the
Law;
2) in accordance with the authorisations that have been
specified in documents governing the activities of the legal
person;
3) on the grounds of a power of attorney issued specially for
such purpose.
(2) A representative shall be permitted to participate in
criminal proceedings, after submission and examination of his or
her power of attorney, upon a decision of the person directing
the proceedings, which may also be written in the manner of a
resolution.
Section 106. Persons who may not be
the Representative of a Victim
(1) An official who conducts or has conducted the specific
criminal proceedings may not be the representative of a
victim.
(2) A person who is directly or indirectly interested in the
deciding of a case in favour of a person who has caused harm may
not be the representative of the victim.
[20 June 2018]
Section 107. Rights of the
Representative of a Victim
(1) If a victim implements his or her interests with the
intermediation of a representative, the representative has all
the rights of the victim.
(2) The representative of a minor victim who has reached the
age of fifteen years may implement his or her rights together
with the person to be represented.
Section 108. Provision of Legal
Assistance to a Victim
(1) A victim or the representative thereof may retain an
advocate for the provision of legal assistance in order to fully
enforce rights of such victim.
(2) An advocate who participates as the representative of a
victim does not have the rights referred to in Paragraph one of
this Section.
(3) A provider of legal assistance has the right to
participate in all procedural actions that take place with the
participation of a victim, and to completely or partially use the
rights of the victim upon request of such victim.
(4) The rights of an advocate to participate in the criminal
proceedings as a provider of legal assistance shall be attested
by an order.
(5) Provision of legal assistance to a minor victim and the
representative of a minor victim is mandatory in criminal
proceedings regarding a criminal offence related to violence
committed by a person, upon whom the minor victim is financially
or otherwise dependent, or regarding a criminal offence against
morals or sexual inviolability.
(6) If a minor victim or his or her representative has not
entered into an agreement with an advocate regarding provision of
legal assistance, in the case provided for in Paragraph five of
this Section the person directing the proceedings shall take a
decision to retain an advocate as the provider of legal
assistance in accordance with the procedures provided for in
Section 104, Paragraph six of this Law. In such case payment to
the advocate for the provision of State ensured legal assistance
and the reimbursable expenses related to the provision thereof
shall be covered in accordance with Cabinet regulations governing
payment for the provision of State ensured legal assistance.
[12 March 2009; 27 October 2010; 29 May 2014]
Chapter 7 Other Persons Involved
in Criminal Proceedings
Section 109. Witnesses
(1) A witness is a person who has been summoned, in accordance
with the procedures laid down in law, to provide information
(testify) regarding the circumstances to be proven in criminal
proceedings and the facts and auxiliary facts related to such
circumstances.
(2) In pre-trial criminal proceedings, a witness shall provide
information in an inquiry or interrogation. During trial, a
victim shall provide information only in an interrogation.
(3) The person directing the proceedings may also summon as a
witness an official who is or was authorised to conduct
proceedings in pre-trial proceedings, except for an investigating
judge or prosecutor, if such person maintains State prosecution
in the specific criminal proceedings.
Section 110. Rights of a Witness
(1) A witness has the right to know in what criminal
proceedings he or she has been summoned to testify, to which
official he or she has provided information, and the procedural
status of such official.
(2) Before an inquiry and interrogation, a witness has the
right to receive information from an executor of a procedural
action regarding his or her rights, duties, and liability, the
mode of the recording of information, as well as regarding the
right to provide testimony in a language that he or she knows
well, using the services of an interpreter, if necessary.
(3) A witness has the right:
1) to express notes and additions in testimonies recorded in
writing, or to request the possibility to write testimonies by
hand in a language that he or she commands;
2) to not testify against himself or herself or against his or
her immediate family;
3) to submit a complaint regarding the progress of an inquiry
or interrogation during pre-trial criminal proceedings;
4) to submit a complaint to an investigating judge regarding
the unjustified disclosure of a private secret, or to request
that the court withdraws a matter regarding a private secret, and
to request that the request is entered in the minutes of the
court hearing if such request is rejected;
5) to retain an advocate for the receipt of legal
assistance.
(31) In all stages of criminal proceedings and in
all types thereof a witness may request that a European
protection order is taken, if the grounds for taking a European
protection order laid down in this Law exist.
(4) An image of a witness recorded as a photograph, video, or
by other types of technical means shall not be published in the
mass media during procedural actions without the consent of such
witness if such publication is not necessary for the disclosure
of a criminal offence.
[12 March 2009; 29 January 2015; 7 October 2021]
Section 111. Duties of Witnesses
(1) In answering posed questions, a victim shall provide only
true information, and shall testify regarding everything that is
known to him or her in connection with a specific criminal
offence. The right to not testify is held only by the persons to
whom such procedural immunity has been granted by the
Constitution, this Law, and international treaties binding to
Latvia.
(2) A witness has an obligation, upon a request of the person
directing the proceedings, to notify his or her postal or
electronic mail address for receipt of consignments in writing,
as well as to arrive at the time and place indicated by the
official conducting criminal proceedings, and to participate in
an investigative action, if the procedures for summoning have
been complied with.
(3) A witness shall not disclose the content of an inquiry or
interrogation, if he or she has been specially warned regarding
the non-disclosure of such content.
[24 May 2012]
Section 111.1 Rights and
Duties of the Owner of Property Infringed during Criminal
Proceedings
(1) If the rights to take action with a property of owner or
legal possessor have been limited or deprived as a result of
procedural activities and if such person does not have the right
to defence provided for in this Law, the owner or legal possessor
of such property shall have the following rights in the pre-trial
criminal proceedings personally or through the intermediation of
a representative:
1) to express his or her attitude orally or in writing towards
decisions taken in respect of the property;
2) to submit applications or complaints regarding conduct or
decisions of officials in respect of the property;
3) to retain an advocate for the receipt of legal
assistance.
(2) In addition to the rights laid down in Paragraph one of
this Section the owner of property infringed during criminal
proceedings whose property has been seized shall have the
following rights in a court of first instance:
1) to find out the place and time of the trial in a timely
manner;
2) to submit a recusation to the composition of the court, an
individual judge, a maintainer of state prosecution, and an
expert;
3) to participate himself or herself in examination of a
criminal case;
4) to express his or her views regarding origin of the
property;
5) to participate in an verification performed directly and
orally of each piece of evidence to be verified in court;
6) to submit applications in relation to the property;
7) to speak in court debates in relation to the property;
8) to familiarise himself or herself with a court ruling and
the minutes of a court hearing;
9) to appeal a court ruling regarding a property in accordance
with the procedures laid down in the law.
(3) If a ruling of a court of first instance is appealed in
the part which affects the rights of the owner of property
infringed during criminal proceedings whose property has been
seized to act with the property, the court that made the ruling
shall send him or her copies of received appellate complaints or
protests, but an appellate court shall notify of the time, place,
and procedures for the examination of complaints or protests. In
an appellate court, the owner of property infringed during
criminal proceedings whose property has been seized has the same
rights as in a court of first instance, as well as the right to
maintain and justify his or her complaint, or withdraw such
complaint.
(4) If a ruling of an appellate court is appealed in the part
which affects the rights of the owner of property infringed
during criminal proceedings whose property has been seized to act
with the property, an appellate court shall send him or her
copies of received cassation complaints or protests, but a
cassation court shall notify regarding the time, place, and
procedures for examination of complaints or protests. In a
cassation court, the owner of property infringed during criminal
proceedings whose property has been seized has the same rights as
in an appellate court, as well as the right to submit written
objections or views regarding the complaints of other persons,
insofar it applies to his or her property.
(5) The owner of a property infringed during criminal
proceedings has the obligation to, upon a request of the person
directing the proceedings, notify his or her postal or electronic
mail address for the receipt of consignments in writing, as well
as to inform regarding the change thereof. By this notification
the owner of a property infringed during criminal proceedings
pledges to receive the consignments sent by the official
conducting criminal proceedings within 24 hours and to arrive
without delay upon a summons of the person directing the
proceedings or to fulfil other referred to criminal-procedural
obligation.
[22 June 2017; 27 September 2018]
Section 112. Advocate in Criminal
Proceedings
(1) Each person in criminal proceedings has the right to
retain an advocate for the receipt of legal assistance. The work
remuneration of an advocate shall be ensured by the person
himself or herself, except the cases referred to in this Law.
(2) An advocate who provides legal assistance to a person in
criminal proceedings has the right to receive information from
the person directing the proceedings regarding the essence of the
criminal case, as well as to participate together with the person
in the investigative actions that take place with the
participation of such person, to provide such person with legal
assistance and explanations, to submit requests, and to submit
evidence.
Section 113. Specialist
(1) A specialist is a person who provides assistance to an
official conducting criminal proceedings, on the basis of the
invitation of such official, using his or her special knowledge
or work skills in a specific field.
(2) An official who has invited a specialist shall inform such
specialist regarding the procedural action in which he or she has
been invited to provide assistance, regarding his or her rights
and duties, as well as regarding liability for knowingly
providing false information.
(3) A specialist has a duty:
1) to arrive at the time and place indicated by an official
conducting criminal proceedings, and to participate in an
investigative action, if the procedures for summoning have been
complied with.
2) to provide assistance, using his or her knowledge and
skills, but without conducting practical studies, in the
performance of an investigative action, the disclosure of traces
of a criminal offence, the understanding of facts and
circumstances, as well as in the recording of the progress and
results of the investigative action;
3) to direct the attention of the performers of an
investigative action to the circumstances that are significant in
the disclosure and understanding of circumstances;
4) to not disclose the content and results of an investigative
action, if he or she has been specially warned regarding the
non-disclosure of such content and results.
(4) A specialist has the right to express notes in connection
with the activities that he or she has performed or the
explanations that he or she has provided.
[7 October 2021]
Section 114. Persons - Assistants of
the Person Directing the Proceedings
(1) The assistant of a judge, the assistant of a prosecutor,
the secretary of a court hearing, or an employee of the
secretariat staff of the relevant institution may perform, under
the assignment of the person directing the proceedings, the
procedural actions that are not investigative actions and are not
related to the taking of a decision, but rather with the
execution thereof.
(2) The interpreters of investigating institutions, the office
of a prosecutor, a court, and prisons shall ensure the rights of
a person to use the language that such person commands. The
person directing the proceedings may assign to fulfil the duty of
an interpreter to another person who commands the relevant
language.
(3) The official who invites an interpreter shall inform him
or her regarding the rights and duties of an interpreter, as well
as the liability regarding false translation or a refusal to
translate. An interpreter for whom translation is a professional
duty, and who, in commencing the execution of the duties thereof,
has certified his or her liability with a signature, shall not
need to be informed regarding rights and duties.
Section 115. Conditions that
Restrict the Participation of a Person in Criminal
Proceedings
(1) A specialist, the secretary of a court hearing, and an
interpreter shall inform the person directing the proceedings of
the conditions that may provide grounds for doubting the
objectivity of a procedural action performed by such persons. The
person directing the proceedings shall decide on the summoning of
such persons to participate in criminal proceedings, or the
dismissal thereof from criminal proceedings.
(2) Grounds for the dismissal of an interpreter or a
specialist may also be insufficient professional preparedness for
the fulfilment of the duties thereof.
Chapter 8 Immunity from Criminal
Proceedings
Section 116. Grounds for Immunity
from Criminal Proceedings
(1) The grounds for immunity from criminal proceedings are the
special legal status of a person, information or a place
specified in the Constitution, this Law, other laws and
international treaties, which guarantees the rights for a person
to completely or partially not fulfil a criminal procedural duty,
or that restricts the rights to perform specific investigative
actions.
(2) The immunity from criminal proceedings of a person arises
from the following:
1) the criminal legal immunity of such person that is
specified in the Constitution or in international treaties;
2) the office or profession of such person;
3) the status of such person in the particular criminal
proceedings;
4) the kinship of such person.
(3) A person has the right to immunity from criminal
proceedings, if the information requested from such person
is:
1) official secret;
2) professional secret protected by the law;
3) commercial secret protected by the law;
4) confidentiality of the private life protected by the
law.
(4) The special legal status of a place specified in
international treaties shall restrict the rights of an official
to enter such place and to perform investigative actions
therein.
Section 117. Types of Immunity from
Criminal Proceedings
(1) Immunity from criminal proceedings shall provide a person
with advantages of various levels in the execution of a criminal
procedural duty, in particular:
1) completely discharges a person from the duty to participate
in criminal proceedings;
2) determines special procedures for holding a person
criminally liable;
3) prohibits or restrict the application of compulsory
measures to a person, or determines special procedures in
relation to such person;
4) prohibits or restricts the control of the means of
communication and correspondence of such person;
5) discharges a person from the provision of testimony
completely or in a part thereof;
6) determines special procedures for the removal of
documents.
(2) The special legal status of premises shall:
1) completely exclude the entry into, and the performance of
investigative actions in, such premises;
2) determine the special procedures in accordance with which a
permit is being received for entry into, and the performance of
investigative actions in, such premises;
3) restrict the objects to be viewed in and removal from such
premises.
Section 118. Diplomatic Immunity
(1) Diplomatic immunity shall discharge foreign diplomats,
persons equivalent thereto, and the family members thereof from
criminal liability in accordance with the Criminal Law, and from
all criminal procedural duties.
(2) A diplomatic courier shall not be detained or
arrested.
(3) The rights of a person to diplomatic immunity shall be
certified by a certificate submitted by the Ministry of Foreign
Affairs wherein, in accordance with international treaties
entered into by the Republic of Latvia, the privileges and
immunity of the relevant person are indicated.
(4) The status of a person whose diplomatic immunity is
certified with a diplomatic passport submitted by a foreign
country, or another personal identification document, shall be
ascertained with the intermediation of the Ministry of Foreign
Affairs.
(5) The premises of a diplomatic representation office, the
residence of the head of a representation office, and the
archives, documents, and official correspondence of a diplomatic
representation office shall be inviolable regardless of the
location thereof.
(6) A person who enjoys diplomatic immunity may be held
criminally liable, and criminal procedural duties shall be
imposed upon such person, only with the written consent of the
country of dispatch.
(7) The Prosecutor General or European Chief Prosecutor shall
submit a request to permit the holding of a foreign diplomat
criminally liable to the Ministry of Foreign Affairs for further
deciding by means of diplomacy.
[7 January 2021]
Section 119. Consular Immunity
(1) Foreign consular official provided for in international
treaties shall have consular immunity.
(2) A consular courier shall not be detained or arrested.
(3) The rights of a person to consular immunity shall be
certified by a certificate submitted by the Ministry of Foreign
Affairs wherein, in accordance with international treaties
entered into by the Republic of Latvia, the privileges and
immunity of the relevant person are indicated.
(4) It shall be forbidden to enter the part of consular
premises that is used only for the work needs of the consular
institution without the consent of the head of the consular
institution or the diplomatic representation office of the
country of dispatch.
(5) The archives, documents, and official correspondence of a
consular mission office shall be inviolable regardless of the
location thereof.
(6) The country of dispatch may refuse any immunity from
criminal proceedings. Such refusal shall be expressed in
writing.
Section 120. Immunity from Criminal
Proceedings of State Officials Guaranteed by Law
(1) The State President and a member of the Saeima
shall have the immunity from criminal proceedings specified in
the Constitution.
(11) A Justice of the Constitutional Court shall
have the immunity from criminal proceedings specified in the
Constitutional Court Law.
(2) Only the Prosecutor General shall initiate criminal
proceedings against a judge or ombudsman. A judge or ombudsman
may be held criminally liable or arrested only with the consent
of the Saeima. A decision on placing under arrest of a
judge or an ombudsman, conveyance by force, detention, or
subjection to a search shall be taken by a specially authorised
Supreme Court judge. If a judge or ombudsman has been apprehended
in the committing of a serious or especially serious crime, a
decision on conveyance by force, detention, or subjection to a
search shall not be necessary, but the specially authorised
Supreme Court judge and the Prosecutor General shall be informed
within 24 hours.
(3) [16 June 2009]
(4) A prosecutor may be detained, conveyed by force, subject
to a search, arrested, or held criminally liable in accordance
with the procedures laid down in the law, notifying the
Prosecutor General regarding such actions without delay.
(5) An official of a State security institution, the Internal
Security Bureau, and the Corruption Prevention and Combating
Bureau may be detained, conveyed by force, subjected to a search,
or a search or inspection may be conducted of the residential or
service premises thereof, or of the personal or service vehicle
thereof, and he or she may be held criminally liable, only with
the consent of the Prosecutor General. If an official has been
apprehended in the committing of a criminal offence, such consent
shall not be necessary, but the Prosecutor General and the head
of the relevant state security institution or office shall be
informed within 24 hours.
(6) In order to hold a person who has immunity from criminal
proceedings criminally liable, a prosecutor shall submit a
proposal to the competent authority for the receipt of
consent.
(7) A proposal shall indicate the circumstances of the
committing of a criminal offence, insofar as such circumstances
have been ascertained in criminal proceedings.
[19 January 2006; 22 November 2007; 12 March 2009; 16 June
2009; 8 July 2015; 11 June 2020]
Section 121. Professional Secrets
Protected by Criminal Proceedings
(1) The rights to not testify shall not be restricted, and
personal notes shall not be removed, for the following
persons:
1) a clergyman, regarding information that has been discovered
in a confession;
2) a defence counsel and an advocate who has provided legal
assistance in any form, regarding information the confidentiality
of which has been entrusted to him or her by a defendant;
3) an interpreter who has been invited by the person directing
the proceedings or a person who has the right to defence, or an
advocate for ensuring the right to defence, if they have notified
the person directing the proceedings thereof in writing,
indicating the following necessary information regarding the
interpreter: the identifying data, the place of practice or the
declared place of residence.
(2) The following shall be permitted only with the permission
of three judges of the Supreme Court:
1) to interrogate a judge and to remove his or her personal
notes regarding a secret of the deliberations room;
2) to interrogate, remove documents, and request information
regarding employees who perform direct detective operations in a
criminal environment, intelligence or counterintelligence in
foreign countries.
(3) The permission of an investigating judge shall be
necessary:
1) for the inspection and removal of secret or top secret
documents containing an official secret;
2) the inspection and removal of an unopened will, and the
interrogation of persons who have approved such will regarding
the will;
3) in order to interrogate an employee and the person who
performs investigative actions on behalf of the person directing
the proceedings or an investigating institution if such persons
do not wish to provide testimony.
(4) A medical treatment institution shall provide information
regarding a patient and a psychologist shall provide information
obtained upon fulfilment of the professional duties only on the
basis of a written request of the person directing the
proceedings.
(5) During the pre-trial proceedings, undisclosable
information that is at the disposal of credit institutions or
financial institutions or documents that contain such information
may be requested therefrom or transactions in the accounts of the
customers of credit institutions or financial institutions may be
monitored for a definite period of time only by a decision of the
person directing the proceedings which has been approved by the
investigating judge. Transaction in the account of a client of a
credit institution or financial institution may be monitored for
a period of time up to three months, but, if necessary, the
investigating judge may extend the time period for a period of
time up to three months. The abovementioned decisions shall not
be subject to appeal.
(51) During the pre-trial proceedings, the
information that is at the disposal of sworn auditors regarding
the facts which have become known to them during the provision of
professional services may be requested therefrom or they may be
interrogated regarding such facts, or the inspection or removal
of such documents which are at the disposal of the sworn auditor
or commercial company of sworn auditors, except for the
information referred to in Paragraph five of this Section, may be
performed by an investigator with the consent of a supervising
prosecutor or by a prosecutor.
(6) A mediator of the State Probation Service has the right
not to testify regarding settlement proceedings, as well as
regarding the behaviour of the parties involved and third parties
during the settlement meeting, except in cases when information
regarding another criminal offence is revealed during the
settlement proceedings.
[19 January 2006; 14 January 2010; 23 May 2013; 19 December
2013; 29 May 2014; 27 September 2018; 11 June 2020; 19 November
2020; 7 October 2021]
Section 122. Immunity of an
Advocate
(1) The following shall not be permitted:
1) to interrogate an advocate as a witness regarding facts
that have become known to him or her in providing legal
assistance in any form;
2) to control, perform an inspection, or remove documents that
an advocate has drawn up, or a correspondence that he or she has
received or sent in providing legal assistance, as well to
conduct a search in order to find and remove such correspondence
and documents;
3) to control the information systems and means of
communication to be used by an advocate for the provision of
legal assistance, to take information from such systems or means,
and to interfere in the operation thereof.
(2) Unlawful activity by a representative or advocate
performed in the interests of a client in providing legal
assistance of any form, as well as an activity for the promotion
of an unlawful offence of a client, shall not be recognised as a
provision of legal assistance.
Division Two
Evidence and Investigative Actions
Chapter 9 Proving and
Evidence
Section 123. Proving
Proving is an activity of a person involved in criminal
proceedings that is expressed as the justification, using
evidence, of the existence or non-existence of facts included in
an object of evidence.
Section 124. Objects of Evidence
(1) Objects of evidence are the totality of circumstances to
be proven, and the facts and auxiliary facts connected thereto,
in the course of criminal proceedings.
(2) The existence or non-existence of the content of a
criminal offence shall be proved in criminal proceedings, as well
as other conditions provided for in the Criminal Law and this Law
that have significance in the fair regulation of specific
criminal-legal relations.
(3) Related facts are not conditions to be proven in criminal
proceedings, but are connected thereto, and provide grounds for
drawing a conclusion regarding the conditions to be proven.
(4) The certainty or non-certainty of other evidence, as well
as the possibility or impossibility to use such evidence in
proving, shall be justified with auxiliary facts.
(5) The conditions included in an object of evidence shall be
considered proven, if any reasonable doubts regarding the
existence or non-existence thereof have been excluded during the
course of proving.
(6) In criminal proceedings and in proceedings regarding
criminally acquired property, the conditions included in an
object of evidence in relation to the criminal origin of the
property shall be considered proven if there are grounds to
recognise during the course of proving that a property is, most
likely, of criminal rather than lawful origin.
(7) In order to prove the laundering of proceeds from crime,
there is no need to establish the specific predicate criminal
offence.
[22 June 2017; 20 June 2018; 21 November 2019]
Section 125. Legal Presumption of a
Fact
(1) Without the additional performance of procedural actions,
the following conditions shall be considered proven, if the
opposite is not proven during the course of criminal
proceedings:
1) generally known facts;
2) facts determined in another criminal proceedings with a
court judgment or the prosecutor's penal order that has entered
into effect;
3) the fact of an administrative offence recorded in
accordance with the procedures laid down in the law, if a person
has known such fact;
4) the fact that a person knows or should have known his or
her duties provided for in laws and regulations;
5) the fact that a person knows or should have known his or
her professional duties and duties of office;
6) the correctness of research methods generally accepted in
contemporary science, technology, art, or skilled trades;
7) the fact established by a court ruling which has come into
effect that the property is criminally acquired or related to a
criminal offence.
(2) It shall be considered proven that a person has violated
the copyrights, related rights, or rights to a trademark of a
legal owner, if such person is not able to believably explain or
justify the acquisition or origin of such rights.
(3) It shall be considered proven that the property with which
laundering activities have been performed is criminally acquired
if a person involved in criminal proceedings is not able to
believably explain the legality of origin of the relevant
property and the totality of evidence provides grounds for the
person directing the proceedings to assume that a property is,
most likely, of criminal origin.
[12 March 2009; 21 November 2019]
Section 126. Subjects of Evidence
and the Duty of Proving
(1) All persons involved in criminal proceedings upon whom the
obligation has been imposed, or the rights have been conferred,
with this Law to perform proving shall be considered subjects of
evidence.
(2) The person directing the proceedings has the duty of
proving in pre-trial criminal proceedings, and the maintainer of
prosecution has such duty in court.
(3) If a person involved in criminal proceedings considers
that one of the facts presumed in Section 125 of this Law is not
true, the person involved in proceedings who contends such fact
has the duty to indicate evidence regarding the non-conformity
with reality of such fact.
(31) If a person involved in criminal proceedings
affirms that the property is not considered as criminally
acquired, such person shall have a duty to prove the legality of
the origin of the relevant property. If the person does not
provide credible information regarding the legality of the origin
of the property within a specific time period, such person is
forbidden to receive compensation for the harm caused thereto in
relation to the restrictions imposed within the criminal
proceedings to act with this property.
(4) A person who has the right to defence in relation to the
investigation of an offence shall indicate circumstances that
exclude criminal liability, as well as indicate the alibi, if
such information has not already been acquired in the
investigation. If the person does not indicate such circumstances
or the alibi, the prosecution does not have a duty to prove the
non-existence thereof, and the court shall not provide the
assessment thereof in a judgment, but the person shall be
prohibited from the possibility to receive compensation for
losses that have occurred in unjustifiably regarding him or her
as a suspect, if the termination of criminal proceedings or the
acquittal of the person is related to the ascertaining of the
referred to circumstances.
[22 June 2017; 21 November 2019]
Section 127. Evidence
(1) Evidence in criminal proceedings is any information
acquired in accordance with the procedures provided for in the
Law, and fixed in a specific procedural form, regarding facts
that persons involved in the criminal proceedings use, in the
framework of the competence thereof, in order to justify the
existence or non-existence of conditions included in an object of
evidence.
(2) Persons involved in criminal proceedings may use as
evidence only reliable, attributable, and admissible information
regarding facts.
(3) Information regarding facts acquired in operational
activities measures, including information which indicates the
committing of a criminal offence committed by another person,
also information that has been recorded with the assistance of
technical means, shall be used as evidence only if it is possible
to examine such information in accordance with the procedures
laid down in this Law.
(4) If the information referred to in Paragraph three of this
Section is used as evidence in criminal proceedings, a reference
shall be attached thereto regarding which institution, when and
for what time period has accepted the performance of operational
activities measures. A reference shall be issued to the person
directing the proceedings by the head of the institution which
has accepted the performance of the operational activities
measure or an official authorised by him or her.
[12 March 2009; 11 June 2020]
Section 128. Reliability of
Evidence
(1) The reliability of evidence is the degree of the
determination of the veracity of a piece of information.
(2) The reliability of the information regarding facts that is
to be used in proving shall be assessed by considering all the
facts, or information regarding facts, acquired during criminal
proceedings as a whole and in the mutual relation thereof.
(3) No piece of the evidence has a previously specified degree
of reliability higher than other pieces of evidence.
Section 129. Relevance of
Evidence
Evidence shall be attributable to a specific criminal
proceedings if information regarding facts directly or indirectly
approves the existence or non-existence of the circumstances to
be proven in the criminal proceedings, as well as the existence
or non-existence of other evidence, or the possibility or
impossibility to use other evidence.
Section 130. Admissibility of
Evidence
(1) It shall be admissible to use information regarding facts
acquired during criminal proceedings, if such information was
obtained and procedurally fixed in accordance with the procedures
laid down in this Law.
(2) Information regarding facts that has been acquired in the
following manner shall be recognised as inadmissible and unusable
in proving:
1) using violence, threats, blackmail, fraud, or duress;
2) in a procedural action that was performed by a person who,
in accordance with this Law, did not have the right to perform
such operation;
3) allowing the violations specially indicated in this Law
that prohibit the use of a specific piece of evidence;
4) violating the fundamental principles of criminal
proceedings.
(3) Information regarding facts that has been obtained by
allowing other procedural violations shall be considered
restrictedly admissible, and may be used in proving only in the
case where the allowed procedural violations are not essential or
may be prevented, or such violations have not influenced the
veracity of the acquired information, or if the reliability of
such information is approved by the other information acquired in
the proceedings.
(4) Evidence acquired in a conflict of interest situation
shall be allowed only if a maintainer of prosecution is able to
prove that the conflict of interests has not influenced the
objective progress of the criminal proceedings.
Section 131. Testimony
(1) Evidence in criminal proceedings may be information
regarding facts provided in a testimony during an interrogation
or questioning by a person regarding the circumstances to be
proven in the criminal proceedings, and the facts and auxiliary
facts connected thereto.
(2) Testimony is also a report, submission or explanation
regarding the criminal offence, specific facts and circumstances
written and signed by the person himself or herself and addressed
to an investigating institution, office of the prosecutor, or
court.
(3) If a person had the right, in the cases determined in this
Law, to refuse to provide testimony, and the person was informed
regarding such right, but nevertheless did provide such
testimony, then such testimony shall be assessed as evidence.
[12 March 2009; 21 October 2010; 20 June 2018]
Section 132. Conclusion of an Expert
or Auditor
(1) Evidence in criminal proceedings may be the conclusion of
an expert or an auditor regarding facts and circumstances that
has been provided by an expert or auditor involved in specific
criminal proceedings.
(2) Explanations provided by an expert or an auditor regarding
a conclusion, or provided information regarding or circumstances,
shall be the testimony of the expert or auditor.
Section 133. Conclusion of the
Competent Authority
(1) A piece of evidence in criminal proceedings may be the
written conclusion of an authority performing the function of
control or supervision regarding the facts and circumstances of
an event the control of the observance or supervision of which is
performed by such institution in accordance with the competence
(authorisation) specified in laws and regulations.
(2) An inventory or audit statement drawn up by a commission
of competent persons authorised for the drawing up of such
statement shall also be considered the conclusion of the
competent authority in criminal proceedings.
(3) A statement issued by the competent authority regarding
facts and circumstances that are at the disposal of such
institution in connection with the competence and directions of
operations thereof shall also be considered the conclusion of the
competent authority.
Section 134. Material Evidence
(1) Material evidence in criminal proceedings may be anything
that was used as an object for committing a criminal offence, or
that has preserved traces of a criminal offence, or contains
information in any other way regarding facts and is usable in
proving. The same thing may be a material evidence in several
criminal proceedings.
(2) If a thing is to be used in proving in connection with the
thematic information included therein, such thing shall be
considered not as material evidence, but rather as a
document.
[12 March 2009; 22 June 2017]
Section 135. Documents
(1) A document may be evidence in criminal proceedings, if
such document is to be used in proving only in connection with
the thematic information contained therein.
(2) A document may contain information regarding facts in
writing or in another form. Computerised information media, and
recordings made with sound and image-recording technical means,
the thematically recorded information in which may be used as
evidence shall also be considered documents, within the meaning
of evidence, in criminal proceedings.
Section 136. Electronic Evidence
Evidence in criminal proceedings may be information regarding
facts in the form of electronic information that has been
processed, stored, or broadcast with automated data processing
devices or systems.
Section 137. Information Acquired by
Investigative Actions
Evidence in criminal proceedings may be information regarding
facts that has been fixed in the minutes of investigative
actions, or recorded in other forms specified in this Law.
Chapter 10 Investigative
Actions
Section 138. Investigative
Actions
(1) Investigative actions are procedural actions that are
directed toward the acquisition of information or the examination
of already acquired information in specific criminal
proceedings.
(2) A person authorised to conduct criminal proceedings is
entitled to perform, within the framework of his or her
authorisation, only the investigative actions provided for in
this Law.
Section 139. General Provisions for
the Performance of Investigative Actions
(1) Investigative actions to be previously planned shall
usually be performed in the hours from 8:00 to 20:00. An
investigative action shall be conducted without delay in cases
where such investigative action is not deferrable because such
course of action may lead to the loss of essential evidence, and
jeopardises the achievement of the objective of criminal
proceedings.
(2) At the beginning of an investigative action, the performer
thereof shall inform a person involved in the specific
proceedings of his or her rights and obligations, and shall
notify of the liability for the failure to fulfil his or her
obligations. A person whose procedural duties are also
simultaneously the professional work duties thereof shall not be
informed and notified.
(3) It is prohibited to use violence, threats, or lies against
a person who participates in an investigative action, as well as
other illegal actions, actions that do not comply with moral
norms, or actions that endanger the life or health of the person
or that injure the dignity of the person. A person of the
opposite sex, with the exception of medical practitioners, is
prohibited from participating in or performing investigative
actions that are related to the denuding of the body of a
person.
(4) The disclosure of information regarding the private life
of a person who participates in an investigative action is
prohibited, as is the disclosure of information that contains a
professional secret or commercial secret, except in cases where
such information is necessary for proving.
(5) An investigative action may be performed by using
technical means in accordance with the procedure specified in
Section 140 of this Law, as well as if it is necessary by
inviting an expert, auditor or specialist.
(6) The trial at which the special features of investigative
actions are performed shall be determined by Divisions Eight
through Eleven of this Law.
(7) In performing the procedural actions, communication
between the victim and his or her immediate family with the
person who has the right to representation shall be avoided as
much as possible, unless such communication is necessary for
achieving the objectives of criminal proceedings.
[12 March 2009; 18 February 2016]
Section 140. Performance of an
Investigative Action by Using Technical Means
(1) The person directing the proceedings may perform an
investigative action by using technical means (teleconference,
videoconference) if the interests of criminal proceedings require
such use.
(2) During the course of a procedural action using technical
means, it shall be ensured that the person directing the
proceedings and persons who participate in the procedural action
and are located in various premises and buildings can hear each
other during a teleconference, and see and hear each other during
a videoconference.
(21) In the case referred to in Paragraph two of
this Section the person directing the proceedings shall authorise
or assign the head of the institution located in the second place
of the occurrence of the procedural action to authorise a person
who will ensure the course of the procedural action at his or her
location (hereinafter - authorised person).
(3) In commencing a procedural action, the person directing
the proceedings shall notify:
1) regarding the places, date, and time of the occurrence of
the procedural action;
2) the position, given name, and surname of the person
directing the proceedings;
3) the positions, given name, and surname of the authorised
persons who are located in the second place of the occurrence of
the procedural action;
4) regarding the content of the procedural action and the
performance thereof using technical means.
(4) On the basis of an invitation, persons who participate in
a procedural action shall announce the given name, surname, and
procedural status thereof.
(5) The authorised person shall examine and certify the
identity of a person who participates in a procedural action, but
is not located in one room with the person directing the
proceedings.
(6) The person directing the proceedings shall inform the
persons who participate in procedural actions regarding the
rights and duties thereof, and in the cases provided for by law
shall notify of the liability for the non-execution of the duties
thereof and initiate an investigative action.
(7) The authorised person shall draw up a certification,
indicating the place, date, and time of the occurrence of a
procedural action, the position, given name and surname thereof,
and the identifying data and address of each person present at
the place of the occurrence of such procedural action, and also
the announced report, if the Law provides for liability for the
non-execution of the duty thereof. Notified persons shall sign
regarding such report. The certification shall also indicate
interruptions in the course of the procedural action, and the end
time of the procedural action. The certification shall be signed
by all the persons present at the place of the occurrence of the
procedural action, and such certification shall be sent to the
person directing the proceedings for attachment to the minutes of
the procedural action.
(71) That specified in Paragraphs 2.1,
five, and seven of this Section need not be conformed to, if the
person directing the proceedings has the possibility of
ascertaining the identity of the person located in another room
or building, using technical means. In pre-trial proceedings the
procedural action shall be recorded in accordance with the
procedures laid down in Section 143 of this Law.
(8) The investigative actions performed using technical means
shall be recorded in pre-trial proceedings in accordance with the
procedures laid down in Section 143 of this Law, and other
procedural actions shall be recorded in accordance with the
procedures laid down in Section 142 of this Law. During trial of
a case, the procedural actions performed using technical means
shall be recorded in the minutes of a court hearing.
[21 October 2010; 11 June 2020; 7 October 2021]
Section 141. Recording of an
Investigative Action
(1) An investigative action shall be recorded in minutes,
sound or sound and image recording.
(2) [20 June 2018]
(3) In the cases determined in this Law, the progress and
results of an investigative action may be recorded only in a
conclusion, report, or account.
[20 June 2018]
Section 142. Minutes of an
Investigative Action
(1) The minutes of an investigative action shall be written
during the course of the investigative actions or immediately
after completion thereof by the performer of the investigative
action or, under the assignment thereof, by another person
present.
(2) The minutes of an investigative action shall be written in
accordance with the requirements of Section 326 of this Law.
(3) If the disclosure of the address of a person involved in
an investigative action is not usable due to security reasons,
such address shall be substituted in the minutes by the address
and telephone number of the institution through the
intermediation of which it is possible to contact the relevant
person.
(4) The performer of an investigative action shall familiarise
the persons who participate in the investigative action with the
minutes, and all shall sign such minutes. If a person refuses or,
due to physical deficiencies or other reasons, is not able to
sign, an entry shall be made in the minutes regarding such
refusal specifying the reasons and motives.
(5) Before signing, each person is entitled to request that
corrections and additions be made in the minutes, or that such
person make additions himself or herself.
[12 March 2009]
Section 143. Use of a Sound, Sound
and Image Recording
(1) The performer of the investigative action, by recording
the course of the investigative action in a sound or sound and
image recording, shall notify the persons who participate in the
investigative action of such recording before the commencement of
the investigative action.
(11) When commencing a sound or sound and image
recording of the investigative action, the following shall be
recorded therein:
1) the investigative action to be conducted;
2) the place and date of the occurrence of the action;
3) the time when the action was commenced;
4) the position, given name, and surname of the performer of
the procedural action;
5) the identifying data of the person who participates in the
investigative action, while for the advocate - the given name,
surname, place of practice, and procedural status;
6) informing the person of his or her rights and obligations,
in the cases provided for in the law - warning of liability for
the failure to fulfil the obligations.
(2) The whole course of the investigative action, as well as
the time when the action was completed shall be recorded in the
recording. A partial recording shall not be allowed.
(21) In investigative actions which cover a wide
territory or premises or which are to be performed within an
extended time period a recording may be made partly fixing only
the information and facts possibly related with the criminal
offence to be investigated.
(3) Information recorded in a sound or sound and image
recording shall be recognised as more precise and more complete
in comparison with information recorded in writing.
(4) A report shall be prepared on the investigative action
recorded in the sound or sound and image recording where the most
essential facts established during the investigative action shall
be indicated. The report shall be prepared within seven days
after completion of the investigative action.
(5) The sound or sound and image recording of an investigative
action shall be stored together with the criminal case.
[12 March 2009; 20 June 2018; 7 October 2021]
Section 144. Use of
Scientific-technical Means in Investigative Actions
(1) Scientific-technical means may be used in investigative
actions.
(2) The use of scientific-technical means in investigative
actions is prohibited, if such use engenders the life and health
of persons who participate in the investigative action.
Section 145. Interrogation
Interrogation is an investigative action the content of which
is the acquisition of information from a person to be
interrogated.
Section 146. Summons to an
Interrogation
(1) A person shall be summoned to an interrogation with a
summons or in some other way, informing the person regarding who
is summoning such person, the case in which such person is being
summoned to provide testimony and the consequences of not
attending.
(2) A person arrested shall be summoned to an interrogation
through the intermediation of the institution in which such
person is held. A person arrested may also be interrogated in
such institution.
(3) A minor shall usually be summoned to an interrogation
through the intermediation of his or her lawful representative,
educational institution, or Orphan's and Custody Court. If
conditions exist that justifiably prohibit or hinder the use of
such summoning procedure, the minor shall be summoned without
using the referred to intermediation.
(4) A person for whom special protection has been specified
shall be summoned to an interrogation through the intermediation
of the institution that ensures the special protection of such
person.
[12 March 2009; 30 March 2017]
Section 147. Interrogation
Procedure
(1) Interrogation shall begin with the ascertaining of the
identity of the person to be interrogated and the languages to be
used in the interrogation. It shall be ascertained whether the
person being interrogated understands the language in which the
proceedings are taking place, and the language in which he or she
can testify.
(2) A performer of an investigative action shall explain to a
person being interrogated the rights and duties provided for him
or her in this Law.
(3) The identifying data of the persons to be interrogated are
a component of a testimony.
(4) If a testimony is related to numbers, dates, and other
information that is difficult to remember, a person being
interrogated has the right to use his or her documents and notes,
as well as to read such documents and notes. The notes of the
person being interrogated may be attached to the case.
(5) During the course of an interrogation, a person being
interrogated may be presented with the objects, documents, and
sound and image recordings attached to a case, and documents may
be read to him or her or recordings played for him or her,
regarding which a note shall be made in the minutes. Materials
shall be presented only after testimonies in the relevant matter
of a person being interrogated have been recorded in the
minutes.
(6) The reading or playing back of prior testimony of the
person being interrogated shall be allowed if:
1) there are substantial contradictions between prior
testimony and current testimony;
2) the person being interrogated refuses to testify; or
3) the case is being examined in court in the absence of the
person being interrogated.
(7) If special procedural protection has been specified for a
person, the provisions of Section 308 of this Law shall be
complied with in an interrogation thereof.
[20 June 2018; 7 October 2021]
Section 148. Length of an
Interrogation
(1) The length of an interrogation of a person of legal age
without the consent of such person shall not exceed eight hours
during a twenty-four-hour term, including an interruption.
(2) An interrogation of a minor shall be conducted in
accordance with the provisions of Sections 152 and 153 of this
Law.
Section 149. Recording of an
Interrogation
(1) A testimony provided in an interrogation shall be recorded
in minutes, sound or sound and image recording.
(2) If a testimony is recorded in the minutes, it shall be
written in the first person. Upon a request of the person to be
interrogated, he or she may write the testimony in the minutes by
hand himself or herself.
[20 June 2018]
Section 150. Interrogation of a
Person which has the Right to Defence
At the beginning of first interrogation of a person which has
the right to defence:
1) biographical information of the person shall be
ascertained: his or her place and time of birth, citizenship,
education, marital status, place of work or educational
institution, type of occupation or occupational position, place
of residence, criminal record, unless such data have been already
found out in the specific criminal proceedings;
2) the procedural situation of the person shall be explained
to such person, and a copy of the document (if such document is
provided for in the Law) that determines such procedural
situation, or a notification in which the content of the document
has been included shall be issued, if it has not already been
issued to such person in the specific criminal proceedings;
3) an extract from the Law shall be issued to the person
wherein the procedural rights and duties thereof are specified,
if such extract has not yet been issued to such person in the
specific criminal proceedings;
4) the rights of the person to not testify shall be explained
to such person, such person shall be notified that everything
that he or she says may be used against such person, as well as
such person shall be informed of the consequences of knowingly
giving false testimony.
[12 March 2009; 18 February 2016; 20 June 2018; 11 June
2020]
Section 151. Interrogation of
Witness, Victim, Representative and Owner of Property Infringed
during the Criminal Proceedings
(1) Before an interrogation, the rights and duties of a
witness, victim, a representative provided for in this Law and
owner or legal possessor of property infringed during the
criminal proceedings shall be explained to him or her and he or
she shall be notified regarding the liability for refusing to
testify or for knowingly giving false testimony.
(2) Witnesses and victims may be interrogated regarding all
the circumstances and regarding any person involved in the
criminal proceedings if the information provided is or may be
significant in a case. If it is established during interrogation
of a witness that there are grounds for changing the procedural
status of the witness, determining that he or she is a person who
has the right to defence, the interrogation of such person in the
status of a witness shall be discontinued.
(21) A submission expressed by a person in oral
form regarding a criminal offence may be recorded in the protocol
of interrogation.
(3) A representative and an owner of the property infringed
during the criminal proceedings shall be interrogated, observing
the provisions for interrogation of a witness, however, such
persons shall not lose the status of the representative or the
owner of the property infringed during the criminal
proceedings.
(4) The interrogation of a victim is conducted as soon as
possible. The number of interrogations is as small as possible.
The interrogation of a victim shall be performed, as much as
possible, by the same person.
[12 March 2009; 21 October 2010; 18 February 2016]
Section 151.1 Special
Features of Interrogation of a Specially Protected Victim in
Pre-trial Criminal Proceedings
(1) Interrogation of a specially protected victim is performed
in a separate room appropriate for such purposes or without the
presence of persons not related to the particular procedural
action.
(2) Interrogation of such person who has been recognised as a
victim of violence committed by a person upon whom the victim is
dependent financially or otherwise, a victim of human
trafficking, or a criminal offence directed against morality or
sexual inviolability of the person, shall be conducted by a
performer of an investigative action of the same gender. The
abovementioned condition need not be conformed to, if the victim
himself or herself or his or her representative agrees thereto.
If the victim of a criminal offence directed against morality or
sexual inviolability of a person and the person who has the right
to defence is of the same gender and if it is requested by the
victim or his or her representative, the interrogation shall be
performed by a performer of an investigative action of the
opposite gender.
[18 February 2016]
Section 152. Special Features of an
Interrogation of a Minor
(1) The course of interrogation of a minor shall be recorded
in a sound and image recording, if it is in the best interests of
the minor and if it is necessary for achieving the objective of
criminal proceedings. The course of interrogation of a minor who
has been recognised as a victim of violence committed by a person
upon whom the victim is dependent financially or otherwise, a
victim of human trafficking, or a criminal offence directed
against morality or sexual inviolability of the person, shall be
recorded in a sound and image recording, except when it is in
contradiction with the best interests of the minor or hinders the
achievement of the objective of criminal proceedings. The length
of an interrogation of a minor without the consent of such minor
may not exceed six hours, during a twenty-four-hour term,
including an interruption.
(2) A minor shall be interrogated by a performer of an
investigative action who has special knowledge regarding
communication with a minor during criminal proceedings. If the
performer of an investigative action has not acquired special
knowledge regarding communication with a minor during criminal
proceedings or if the performer of an investigative action deems
it necessary, the minor shall be interrogated in the presence of
a pedagogue or a psychologist. The representative of a minor has
the right to participate in interrogation if the minor does not
object thereto. The referred to person may ask the person being
interrogated questions, with the permission of the performer of
the investigative action.
(3) A minor who has not reached 14 years of age shall not be
notified regarding liability for refusal to testify and for
knowingly giving false testimony.
(4) If a psychologist indicates to the person directing the
proceedings that the psyche of a person who has not reached 14
years of age or the psyche of a minor who has been recognised as
a victim of violence committed by a person upon whom the victim
is financially or otherwise dependent, a victim of human
trafficking or criminal offence against morals or sexual
inviolability, may be harmed by repeated direct interrogation,
such direct interrogation shall be conducted only with the
permission of the investigating judge, but in a court - with a
court decision.
[12 March 2009; 20 December 2012; 29 May 2014; 18 February
2016; 27 September 2018 / See Paragraph 59 of Transitional
Provisions]
Section 153. Interrogation of a
Minor Person with the Intermediation of a Psychologist
(1) If a psychologist considers that the psyche of a person
who has not reached 14 years of age or the psyche of a minor who
has been recognised as a victim of violence committed by a person
upon whom the victim is financially or otherwise dependent, a
victim of human trafficking or criminal offence against morals or
sexual inviolability, may be harmed by a direct interrogation, it
may be performed with the intermediation of technical means and a
psychologist. If an investigator or prosecutor does not agree,
the direct interrogation shall be performed only with the
permission of the investigating judge, and in a court - with a
court decision.
(2) The person directing the proceedings and another person
invited by him or her shall be located in another room where
technical means shall ensure that the person to be interrogated
and the psychologist may be seen and heard. The person being
interrogated shall be located together with the psychologist in a
room that is suitable for a conversation with a minor, and in
which it has been technically ensured that the questions asked by
the person directing the proceedings are heard only by the
psychologist.
(3) If a person to be interrogated has not reached 14 years of
age, a psychologist, complying with the specific conditions,
shall explain to the minor the necessity of the operations taking
place and the meaning of the information provided by such minor,
ascertain personal data, ask the questions of the person
directing the proceedings in a form that corresponds with the
psyche of the minor, and, if necessary, inform regarding a break
in the investigative action and the resuming thereof.
(4) If the person to be interrogated has reached 14 years of
age, the person directing the proceedings shall inform a minor,
with the intermediation of a psychologist, regarding the essence
of the investigative action to be performed, ascertain the
personal data of such minor, explain his or her rights and
duties, and notify of the liability for the non-execution of the
duties thereof, ask the questions of the person directing the
proceedings in a form that corresponds with the psyche of the
minor, and, if necessary, inform regarding a break in the
investigative action and the resuming thereof.
(5) The course of an interrogation shall be recorded in
accordance with the requirements of Sections 141-143 of this Law.
A person to be interrogated who has not reached the age of 14
shall not sign minutes.
[12 March 2009; 20 December 2012; 29 May 2014]
Section 154. Duty to Indicate the
Source of Information
(1) A court may assign a mass-media journalist or editor to
indicate the source of published information.
(2) An investigating judge shall decide on the proposal of an
investigator or prosecutor, having listened to the submitter of
the proposal, or a mass-media journalist or editor, and having
familiarised himself or herself with the materials.
(3) An investigating judge shall take a decision on indication
of the source of information, complying with the proportionality
of the rights of the person and the public interest.
(4) A decision of a judge may be appealed by the submitter of
a proposal, or a mass-media journalist or editor, and such appeal
shall be examined within 10 days by a higher-level court judge in
a written procedure the decision of which shall not be subject to
appeal.
[12 March 2009]
Section 155. Questioning
(1) If the fact that a testimony has not been recorded in
detail does not threaten the achievement of the objective of
criminal proceedings, information regarding the facts included in
the object of evidence may also be acquired in accordance with
the questioning procedures. Such information (also clarifying
information regarding the amount of the loss caused) which does
not affect the legal qualification of the criminal offence may be
recorded in the questioning.
(2) During a questioning, the performer of an investigative
action shall ascertain the identity of the person to be
questioned, explain his or her rights and obligations, and find
out the information significant to the investigation known to
such person, or the non-existence of such information.
(3) [12 March 2009]
(4) The performer of the investigative action shall write a
report regarding the progress and results of the questioning in
which the following shall be indicated:
1) the place of the questioning or the fact that the
questioning takes place, using means of communication, and the
date, the start and end time thereof;
2) the position, given name, and surname of the person who
performed the questioning;
3) the given name, surname, and address of the questioned
persons;
4) the testimony provided by each person; if the testimonies
of several persons are the same, such information shall be
referred to only one time;
5) the used scientific-technical means;
(5) Several testimonies may be reflected in one report.
(6) The report shall not be written, if the questioning has
been performed, using electronic mail. Correspondence with the
person shall be appended to the case materials.
[12 March 2009; 20 June 2018]
Section 156. Interrogation of an
Expert and an Auditor
(1) The person directing the proceedings may summon an expert
or auditor to provide testimony in order to:
1) ascertain the matters significant to the case that are
related to the conclusion of the expert or auditor and that do
not require additional research;
2) clarify information regarding the research method used in
an expert-examination or audit, or the terms used in a
conclusion;
3) acquire information regarding other facts and conditions
that are not a component of a conclusion, but are related to the
participation of the expert or auditor in the criminal
proceedings;
4) ascertain the qualification of the expert or auditor.
(2) An interrogation of an expert or an auditor shall be
performed in conformity with the provisions of an interrogation
of a witness, however such persons shall not lose their status of
an expert or an auditor.
[12 March 2009]
Section 157. Confrontation
(1) Confrontation is the simultaneous interrogation of two or
more persons which is carried out if there are substantial
contradictions in the previous testimonies of such persons.
(2) [20 June 2018]
[20 June 2018]
Section 158. Confrontation
Procedure
(1) Confrontation shall take place in conformity with the
provisions of an interrogation, except for the provision
indicated in this Section.
(2) Confrontation shall be commenced with a question regarding
whether the confronted persons know each other, and regarding the
nature of the mutual relations of such persons.
(3) During the course of a confrontation, the confronted
persons shall be asked questions in succession regarding the
circumstances wherein there exist contradictions in the previous
testimonies thereof, and regarding the reasons for such
contradictions.
(4) Confronted persons may ask one another questions with the
permission of the performer of the investigative action. The
performer of the investigative action is entitled to reject
questions that are not essential or do not apply to the case. All
asked questions and answers shall be recorded.
(5) The previous testimonies of a confronted person may be
read only after testimony that he or she has provided during the
confrontation has been recorded.
(6) Each confronted person shall sign his or her testimony,
except when only a sound or sound and image recording has been
made.
(7) If a person for whom special procedural protection has
been specified participates in a confrontation, the confrontation
shall be conducted in conformity with the provisions provided for
in Division Four of this Law.
[20 June 2018]
Section 159. Inspection
(1) An inspection is an investigative action during the course
of which the performer of the investigative action directly
detects, determines, and records the features of an object, if
the possibility exists that such object is related to the
criminal offence being investigated.
(2) In order to find traces of a criminal offence, and to
ascertain other significant conditions, a visual inspection may
be performed of the site of the event, the terrain, the premises,
vehicle, item, document, corpse, animal, or another object.
Section 160. General Provisions of
an Inspection
(1) The performer of an investigative action may invite any
person involved in specific criminal proceedings to participate
in an inspection.
(2) In order to ensure the preservation of the object of an
inspection, the guarding thereof may be organised.
(3) If, during the course of an inspection, it becomes
necessary to conduct a search, perform presentation for
recognition, or perform other investigative actions, such
operations shall be performed in conformity with the provisions
for the performance of the relevant investigative action.
(4) If an object is found during the course of another
investigative action, the inspection thereof may be performed in
the same investigative action, recording the results of the
inspection in the minutes of the investigative action.
(5) An inspection of various premises or surrounding
territories may be performed simultaneously by several officials
who are authorised to conduct criminal proceedings. Each official
shall record the course of inspection separately, indicating the
borders and inspection results of each specific inspected
object.
(6) An inspection of automated data processing system (a part
thereof) shall not be usually performed on site, but such system
(a part thereof) shall be remove, ensuring retaining of data
completeness in unmodified condition.
[12 March 2009]
Section 161. Participation of an
Expert or Auditor in an Inspection
(1) If traces of a criminal offence, or objects for which the
performance of an expert-examination is subsequently necessary,
are found and remove during an inspection wherein an expert
participates, the location and features of such traces or
objects, the fact of its removal, and the persons under the
liability of whom such objects or traces have been transferred
shall be indicated in the minutes of the inspection. In such
cases, the inspection of the removed traces and things shall take
place during the course of an expert-examination.
(2) The person directing the proceedings may assign an expert
to perform an entire inspection completely, if the object to be
inspected is subjected as a whole to further
expert-examination.
(3) If an auditor participates in an inspection, the person
directing the proceedings may assign him to perform an inspection
and removal the documents necessary for an audit or inventory.
The minutes of an inspection shall only indicate such documents,
the location thereof, the fact of removal, and the auditor under
the liability of whom the documents removed for the performance
of the audit or inventory were transferred. The inspection of
documents shall take place in the course of the audit or
inventory.
Section 162. Inspection of the
Location of an Event
(1) An inspection of the location of an event is an inspection
of a specific place and the objects located therein, if such
inspection is performed after receipt of information regarding a
committed criminal offence, and if there are sufficient grounds
for thinking that a criminal offence has taken place or is
continuing to take place in such location.
(2) If an inspection of the location of an event has been
performed incompletely, and doubts or additional questions have
arisen, an additional inspection of the location of the event may
be performed. If essential violations of procedural order have
been allowed for in an inspection of the location of an event, a
repeated inspection of the location of the event may be
performed. An additional or repeated inspection of the location
of an event shall be performed in conformity with the provisions
of Section 163 of this Law.
(3) During the course of an inspection of the location of an
event, the performer of the investigative action may remove
documents and objects with traces of a criminal offence. Objects
and documents, the circulation of which is prohibited by law,
shall be removed regardless of the connection of such objects or
documents with the specific criminal proceedings. The removal of
objects and documents shall be a component of an inspection of
the location of an event.
Section 163. Inspection of terrain,
Premises, Vehicle, or Object
(1) If terrain, premises, vehicle, or object is related to a
committed criminal offence, an inspection of such terrain,
premises, vehicle, or object may be performed.
(2) An inspection of a publicly inaccessible terrain or
premises, the objects located in such terrain or premises, as
well as a vehicle, may be performed only with the consent of the
user of such terrain, premises, or vehicle, or a decision of an
investigating judge.
(21) In exceptional cases the inspection specified
in Paragraph two of this Section, unless it is the inspection of
the location of an event, may be performed by a decision of a
person directing the proceedings. An investigator shall perform
the inspection by a consent of a prosecutor. The person directing
the proceedings shall, not later than on the next working day,
notify the investigating judge of the inspection conducted by
presenting the inspection protocol and materials justifying the
necessity and emergency of the inspection.
(3) Terrain, premises, or vehicles located in the ownership,
possession, or usage of physical and legal persons shall be
inspected, as far as possible, in the presence of such persons or
of the representative thereof.
(4) In complying with the emergency nature of an inspection of
the location of an event, the consent of a person is not
necessary in order to enter the location of the event.
[12 March 2009]
Section 164. Inspection of
Corpses
(1) If a forensic-medicine expert has not been assigned to
perform an external inspection of a corpse, such inspection shall
be performed with the participation of a medical specialist.
(2) The cremation of a corpse shall be permitted only after
performance of a forensic-medicine expert-examination, if, during
pre-trial proceedings, the consent of a prosecutor has been
received, or if, during trial, a court decision has been
received.
Section 165. Exhumation of a
Corpse
The exhumation of a corpse from the place of burial in order
to perform an inspection thereof, present such corpse for
recognition, remove samples for comparison, or to perform an
expert-examination (exhumation of a corpse), shall be permitted
with the consent of a member of the immediate family of the
deceased person, or, during pre-trial proceedings, with a
decision of the investigating judge, or, during trial, with a
court decision.
[12 March 2009]
Section 166. Exhumation
Procedures
(1) An exhumation of a corpse shall be co-ordinated beforehand
with the competent health-protection institution, and a
forensic-medicine expert shall perform such co-ordination under
the assignment of the person directing the proceedings and in the
presence of a representative of the administration of the place
of burial.
(2) An exhumation shall be recorded in minutes and
photographed, or a video recording shall be made of such
exhumation.
(3) The reburial of a corpse after an exhumation shall be
conducted with the permission of the official whose decision was
the grounds for the conducting of the exhumation.
Section 167. Inspection of
Animals
In performing an inspection of an animal, the reaction of such
animal to commands or to the calling of the name of such animal
shall be recorded, if necessary.
Section 168. Examination
(1) An examination of a person may be performed if there are
sufficient grounds for thinking that there are traces of a
criminal offence, or special features that have significance in a
case, on the body of the person, or that the person himself or
herself is in some kind of particular physiological state, as
well as in order to ascertain the physical development of such
person.
(2) If the person directing the proceedings assigns another
person to perform an examination, he or she shall take a decision
on such examination that indicates the person who is to be
examined, the purpose for such examination, and the person who
has been assigned to perform such operation.
Section 169. Examination
Procedures
(1) Examination shall take place in conformity with the
provisions of an inspection, except for the provisions of this
Section.
(2) If an examination is related to the denuding of the body
of the person to be examined, but the executor of the
investigative action is a person of the opposite sex, the
performer of the investigative action shall assign a medical
specialist to perform such operation. Minutes shall be written by
the performer of the investigative action with the participation
of the medical specialist who performed the examination.
Section 170. Examination by
Force
(1) If a person does not agree to an examination, such
examination shall be conducted by force.
(2) The examination by force of a person who is not a detained
person, suspect, or accused in the specific criminal proceedings
may be performed only on the basis of a decision of an
investigating judge.
(3) If the performance of an examination is an emergency, and
if delay may lead to the loss of evidence or jeopardise the
achievement of the objective of criminal proceedings, such
examination may be performed with the consent of a prosecutor,
notifying the investigating judge of such examination, and
presenting the minutes and materials of the investigative action
that justified the necessity and emergency of the investigative
action, not later than the next working day after examination.
The judge shall examine the legality and validity of the
examination. If the investigative action was not justified, or if
such operation was performed illegally, the judge shall decide on
the admissibility of the acquired evidence.
Section 171. Investigative
Experiment
An investigative experiment is an investigative action whose
content is the conducting of special tests in order to ascertain
whether an event or activity could have occurred under certain
conditions or in a certain way, and also in order to acquire new
information, and examine previously acquired information,
regarding the conditions that have or may have significance in a
case.
Section 172. Procedures for an
Investigative Experiment
(1) Persons who perform the operations included in an
investigative experiment shall participate in the experiment, if
necessary, on the basis of an invitation of the performer of an
investigative action.
(2) An investigative experiment shall be conducted under
conditions that must comply as far as possible with the
conditions under which the event or activity to be examined took
place. In order to exclude a random result, the operations
included in the experiment may be conducted multiple times.
Section 173. On-site Examination of
Testimony
The on-site examination of testimonies is an investigative
action the content of which is an interrogation of a person
regarding a fact provided in earlier testimonies, and an
examination of such fact on site, as well as a comparison of
acquired results for the purpose of acquiring new information, or
of examining previously acquired information, regarding the
conditions of a case.
[20 June 2018]
Section 174. Procedures for
Conducting an On-site Examination
(1) the on-site examination of testimonies is conducted with
the participation of the person who has previously provided a
testimony.
(2) During an on-site examination of testimony, a person shall
testify in sequence regarding a fact characterised in his or her
previous testimony, and such testimony shall be followed by an
examination of such fact and an inspection of the location.
(3) If a contradiction between a testimony and a specific fact
is determined, the performer of an investigative action shall
summon the person being interrogated to explain the reason for
such contradiction.
[20 June 2018]
Section 175. Presentation for
Identification
(1) Presentation for identification is an investigative action
whose content is the demonstration of an object to a victim, a
person against whom the criminal proceedings have been commenced,
a detained person, witness, suspect, or accused for the purpose
of determining the identity thereof with the object that such
person knew or detected earlier in conditions that are related to
the event being investigated.
(2) A living person (on the basis of the external appearance,
dynamic features, or voice thereof), corpse, item , document,
animal or other object may be presented for identification.
[12 March 2009]
Section 176. Interrogation prior to
Presentation for Identification
Prior to the presentation of an object for identification, a
person shall be interrogated regarding the conditions under which
he or she perceived or detected the object to be identified, and
regarding the characteristics and features of the object on the
basis of which such person could identity such object. The
inability of the person being interrogated to describe the
characteristics and features of the object may not be a reason
for refusing to conduct the presentation for identification.
Section 177. Procedures for
Conducting a Presentation for Identification
(1) An object to be identified shall be presented together
with at least two more objects. All the objects shall be mutually
uniform, without drastic differences.
(2) The conditions under which a presentation for
identification take place shall be as similar as possible to the
conditions under which the identifier perceived the object to be
identified in connection with the event being investigated, but
the object to be identified shall, as far as possible, be in the
state and form that such object was at the time when the object
was first perceived.
(3) The placement of objects to be presented, or the order of
the presentation thereof, shall be such that the identifier is
unable to know beforehand the location of the object to be
identified, and that he or she can fully perceive the
characteristics and features thereof on the basis of which such
object may be identified. A person to be presented for
identification shall select, by himself or herself, a place among
the other persons to be presented.
(4) Objects to be presented shall be photographed, insofar as
possible, or a sound and image recording shall be made of such
objects.
(5) If the presentation of an actual object to be identified
is not possible, a representation thereof may be presented that
has been obtained with the assistance of photographic, video, or
other scientific-technical means, and in which the
characteristics and features thereof on the basis of which such
object may be identified have been recorded.
(6) The provision referred to in Paragraph five of this
Section shall also be complied with in cases where the object to
be identified is rarely encountered, and where it is difficult to
find two more mutually uniform objects.
(7) If an identifier indicates that one of the presented
objects is the object to be identified, such identifier shall be
invited to explain, in as much detail as possible, the
characteristics and features on the basis of which he or she
identified such object. The identified person shall be summoned
to announce his or her given name and surname.
(8) In cases where special procedural protection has been
determined for an identifier, and such protection is necessary
for the security thereof, identification shall be performed in
conformity with the provisions of Division Four of this Law.
(9) The procedures laid down in Paragraph eight of this
Section shall also be applied in cases where it is necessary, due
to ethical or psychological considerations, that the person to be
identified does not see the identifier.
Section 178. Presentation of Corpses
for Identification
(1) One corpse shall be presented for identification, if
necessary, after relevant tending thereto.
(2) The clothing of a corpse shall be presented for
identification separately in accordance with the procedures laid
down in Section 177 of this Law.
Section 179. Searches
(1) A search is an investigative action whose content is the
search by force of premises, terrain, vehicles, and individual
persons for the purpose of finding and removing the object being
sought, if there are reasonable grounds to believe that the
object being sought is located in the site of the search.
(2) A search shall be conducted for the purpose of finding
objects, documents, corpses, or persons being sought that are
significant in criminal proceedings.
Section 180. Decision on a
Search
(1) A search shall be conducted with a decision of an
investigating judge or a court decision. An investigating judge
shall take a decision based on a proposal of the person directing
the proceedings and materials attached thereto.
(2) The decision on a search shall indicate who will search
and removal, where, with whom, in what case, and the objects and
documents that will be sought and removed.
(3) In emergency cases where, due to a delay, sought objects
or documents may be destroyed, hidden, or damaged, or a person
being sought may escape, a search shall be performed with a
decision of the person directing the proceedings. If a decision
is taken by an investigator then a search shall be performed with
the consent of a prosecutor.
(4) A decision on a search shall not be necessary in
conducting a search of a person to be detained, as well as in the
case determined in Section 182, Paragraph five of this Law.
(5) The person directing the proceedings shall inform an
investigating judge of the search indicated in Paragraph three of
this Section not later than on the next working day after
conducting thereof, presenting the materials that justified the
necessity and emergency of the investigative action, as well as
the minutes of the investigative action. The judge shall examine
the legality and validity of the search. If the investigative
action has been conducted illegally, the investigating judge
shall recognise the obtained evidence as inadmissible in criminal
proceedings, and shall decide on the actions with the removed
objects.
[12 March 2009]
Section 181. Persons Present at a
Search
(1) A search shall be conducted in the presence of the person
at whose site the search takes place, or in the presence of a
family member of legal age of such person. If the presence of the
relevant person is not possible, or if such person avoids
participation in the search, the search shall be conducted in the
presence of the possessor, manager, or a representative of the
local government of the object subjected to the search.
(2) A search in the premises of a legal person shall be
conducted in the presence of a representative of the relevant
legal person, and in the presence of the person in connection
with the operations or inactions of whom the search is taking
place in the premises of the legal person, if objective obstacles
for conveying such person to the premises of the legal person do
not exist. If the presence of the representative is not possible,
of if the representative avoids participation in the search, the
search shall be conducted in the presence of a representative of
the local government.
(3) A search shall be conducted in the presence of a suspect
or accused person if it takes place in the declared place of
residence and work place of the referred to persons, except where
it is not possible due to objective reasons.
(4) In order to identify the objects being sought, a victim or
witness may also be invited to a search.
(5) The rights of persons located at the site of a search to
be present during the entire term of the operations of the
performer of the investigative action, and to express the remarks
thereof regarding such operations, shall be explained to such
persons.
[19 January 2006]
Section 182. Procedures for
Conducting a Search
(1) A performer of an investigative action, together with the
persons present during the investigative action, is entitled to
enter into the premises or geographical territory indicated in a
decision on a search in order to find the objects, documents,
corpse, or person being sought mentioned in the decision.
Guarding of the location of a search may be organised, if
necessary.
(2) In commencing a search, the performer of the investigative
action shall issue a copy of the decision on a search to the
person at whose site the search is taking place. Such person
shall sign regarding such decision. Then the performer of the
investigative action shall summon such person to voluntarily
issue the object being sought.
(3) If the person by whom a search is taking place refuses to
open up the premises or storage facilities located at the site of
the search, the performer of the investigative action is entitled
to open such premises or storage facilities without causing
unnecessary damage.
(4) Persons located at the site of a search may be prohibited
from leaving such site, moving, or talking among themselves until
the end of the investigative action. If such persons impede the
conducting of the search with the actions thereof, such persons
may be transported to other premises.
(5) A search of premises or a geographical territory may also
include a search of the vehicles and persons located therein. A
search of a vehicle may also include a search of the persons
located therein. If necessary, a search of a person may be
conducted at the beginning and at the end of a search of
premises, a geographical territory, or a vehicle.
(6) During a search, the objects and documents referred to in
a decision, as well as other objects and documents that may be
significant in the case, shall be removed. If things that are
prohibited from being kept, as well as things (objects,
documents) the nature, identification signs of which or traces
present on such things indicate to connection with another
criminal offence, are found during a search, such things shall be
removed, indicating the reason for such action in the
minutes.
(7) If a victim or witness present at a search recognises one
of the found objects, such finding shall be indicated in the
minutes.
(8) All objects found and removed in a search shall be
presented to the persons present, described in the minutes, and,
if possible, packaged and sealed.
(9) If the person directing the proceedings has assigned an
expert or auditor present at a search to remove the objects found
during the search and to perform the necessary expert examination
or audit, the minutes of the search shall indicate such objects,
the location and identifying features thereof, the fact of
withdrawal, and the expert-examination institution or auditor
under the liability of which the removed objects have been
transferred.
(10) After completion of a search, the location of the search
shall be returned, insofar as possible, to the previous state
thereof.
[12 March 2009; 14 January 2010; 11 June 2020; 7 October
2021]
Section 183. Search of a Person
(1) If there are sufficient grounds to believe that objects or
documents that are significant for criminal proceedings are
located in the clothing of a person, in the property in his or
her presence, on his or her body, or in the open cavities of his
or her body, a search of such person may be conducted.
(2) A search of a person may be conducted only by an official
of the same sex as such person, inviting a medical practitioner
to be present if necessary, regardless of his or her sex.
Section 184. Search in the Premises
of Diplomatic or Consular Mission Offices
(1) A search in the premises of a diplomatic or consular
mission office, or in premises used by the parliamentary and
governmental official delegations and missions of foreign
countries, may be conducted only upon request of the head of such
representative office, delegation, or mission, or with his or her
consent.
(2) A search of premises wherein reside the employees of the
diplomatic mission offices of foreign countries and other
institutions of foreign countries, as well as the members of the
parliamentary and governmental official delegations and missions
of foreign country who enjoy diplomatic immunity in accordance
with the international agreements binding on Latvia, and the
family members thereof, and a search of such employees, members,
and the family members thereof, may be conducted only upon
request thereof and with the consent thereof.
(3) The person directing the proceedings shall request the
consent referred to in this Section with the intermediation of
the Ministry of Foreign Affairs of the Republic of Latvia.
(4) The presence of a representative of the Ministry of
Foreign Affairs is mandatory in the conducting of a search in the
premises of a diplomatic or consular mission office.
Section 185. Issuance of a Copy of
the Minutes of a Search
A copy of the minutes of a search shall be issued to the
person at whose site such investigative action was conducted, or
to another person referred to in Section 181, Paragraphs one and
two of this Law.
Section 186. Removal
Removal is an investigative action whose content is the
removal of objects or documents significant to a case, if the
performer of the investigative action knows where or by whom the
specific object or document is located and a search for such
object or document is not necessary, or such object or document
is located in a publicly accessible place.
Section 187. Decision on Removal
(1) Removal shall be conducted with the decision of the person
directing the proceedings. A decision shall not be subject to
appeal.
(2) The decision on removal shall indicate who will perform
removal of an object or document, where, with whom, in what case,
and the objects and documents that will be withdrawn.
[11 June 2020]
Section 188. Removal Procedures
(1) Upon commencing a removal, the performer of the
investigative action shall issue a copy of the decision on
removal to the person at whose site the removal is being
conducted. Such person shall sign regarding such decision. Then
the performer of the investigative action shall invite the person
to issue the object being removed without delay.
(2) Removed objects or documents shall be described in the
minutes of the removal.
(3) A copy of the minutes of a seizure shall be issued, after
completion of the investigative action, to the person at whose
site the seizure was conducted.
(4) If a person refuses to issue the object to be removed, or
if the object or document to be removed cannot be found in the
indicated location and there are grounds to believe that such
object or document is located elsewhere, the decision to conduct
a search may be taken in accordance with the procedures laid down
in Section 180 of this Law, and the search may be conducted in
order to find such object or document.
[14 January 2010; 21 October 2010; 20 June 2018; 7 October
2021]
Section 189. Submission of Objects
and Documents on the basis of the Initiative of a Person
(1) Persons are entitled to submit to the person directing the
proceedings objects and documents that such persons believe may
be significant in the criminal proceedings.
(2) The fact of submission shall be recorded in the minutes,
which shall indicate the identifying features of the objects or
documents, as well as an explanation by the submitter regarding
the circumstances of the origination or acquisition of the
object.
(3) If a person submits an object or document during an
investigative action, such submission shall be recorded in the
minutes of such investigative action.
(4) If it has been ascertained that a submitted object or
document does not have any significance in criminal proceedings,
such object or document shall be returned to the submitter.
Section 190. Submission of Objects
and Documents Requested by the Person Directing the
Proceedings
(1) The person directing the proceedings, without conducting
the removal provided for in Section 186 of this Law, is entitled
to request from natural or legal persons, in writing, objects,
documents and information regarding the facts that are
significant to criminal proceedings, including in the form of
electronic information and document that is processed, stored or
transmitted using electronic information systems.
(2) If natural or legal persons do not submit the objects and
documents requested by the person directing the proceedings
during the time limit specified by such person directing the
proceedings, the person directing the proceedings shall conduct a
removal or search in accordance with the procedures laid down in
this Law.
(3) The heads of legal persons have a duty to perform a
documentary audit, inventory, or departmental or service
examination within the framework of the competence thereof and
upon a request of the person directing the proceedings, and to
submit documents, within a specific term, together with the
relevant additions regarding the fulfilled request.
(4) [19 January 2006]
(5) If a document or object significant to criminal
proceedings is in any administrative case, administrative offence
case, civil case or another criminal case, the person directing
the proceedings shall request it from the holder of the relevant
case. The original of a document or object shall be issued only
temporarily for conducting of an expert-examination, but in other
cases a certified copy of a document or image of an object shall
be issued.
[19 January 2006; 12 March 2009; 14 January 2010; 19
November 2020]
Section 191. Storage of Data located
in an Electronic Information System
(1) The person directing the proceedings may assign, with a
decision thereof, the owner, possessor or keeper of an electronic
information system (that is, a natural or legal person who
processes, stores or transmits data via electronic information
systems, including a merchant of electronic communications) to
immediately ensure the storage, in an unchanged state, of the
totality of the specific data (the retention of which is not
specified by law) necessary for the needs of criminal proceedings
that is located in the possession thereof, and the
inaccessibility of such data to other users of the system.
(2) The duty to store data may be specified for a term of up
to thirty days, but such term may be extended, if necessary, by
an investigating judge by a term of up to thirty days.
[12 March 2009; 14 January 2010]
Section 192. Disclosure and Issue of
Data Stored in an Electronic Information System
(1) During the pre-trial criminal proceedings an investigator
with the consent of a prosecutor or a data subject and a
prosecutor with the consent of a higher-ranking prosecutor or a
data subject may request, that the merchant of an electronic
information system disclose and issue the data to be stored in
the information system in accordance with the procedures laid
down in the Electronic Communications Law.
(2) During the pre-trial criminal proceedings the person
directing the proceedings may request in writing, on the basis of
a decision of an investigating judge or with the consent of a
data subject, that the owner, possessor or keeper of an
electronic information system disclose and issue the data stored
in accordance with the procedures provided for in Section 191 of
this Law.
(3) In trying a criminal case, a judge or the court panel may
request that a merchant of electronic communications discloses
and issues the data to be stored in accordance with the
procedures laid down in the Electronic Communications Law or that
the owner, possessor or keeper of an electronic information
system disclose and issue the data stored in accordance with the
procedures provided for in Section 191 of this Law.
[14 January 2010]
Section 193. Expert-examination
An expert-examination is an investigative action performed by
one or several experts under the assignment of the person
directing the proceedings, and the content of which is the study
of objects submitted to the expert-examination for the purpose of
ascertaining facts and circumstances significant to criminal
proceedings, regarding which the conclusion of the expert is
provided.
Section 194. Grounds for Determining
an Expert-examination
(1) An expert-examination shall be determined in cases where
the conducting of a study is necessary wherein special knowledge
in a sector of science, technology, art, or craftsmanship is to
be used in order to ascertain matters significant to criminal
proceedings.
(2) An expert-examination shall be determined as soon as
possible if the traces removed in the case are quick to vanish or
unstable, or the object to be studied may perish or get
damaged.
[20 June 2018]
Section 195. Mandatory
Expert-examinations
[20 June 2018]
Section 196. Additional
Expert-examination
(1) An additional expert-examination shall be determined if
the person directing the proceedings agrees to the conclusion of
an expert, yet there are uncertainties or deficiencies, or
additional questions have arisen.
(2) The same expert may be assigned to perform the additional
expert-examination.
Section 197. Repeated
Expert-examination
(1) A repeated expert-examination shall be determined if the
person directing the proceedings doubts the conclusion of an
expert essentially due to invalidity, substantial deficiencies,
or allowed errors of a methodical nature, as well as if the
insufficient qualification or incompetence of the expert has been
determined, or if substantial violations of the procedures for
conducting an expert-examination have been allowed.
(2) Another expert of a commission of experts shall be
assigned to conduct a repeated examination, placing the same
objects of research, and the conclusion of the initial
expert-examination, at the disposal of the expert or commission.
The expert who conducted the initial expert-examination may be
present during the conducting of the repeated expert-examination,
without participating in the research.
Section 198. Expert-examination of a
Commission of Experts
(1) An expert-examination of a commission of experts shall
usually be determined in order to conduct the following:
1) an expert-examination, if the loss of the object to be
studied, or substantial changes that exclude the possibility of a
repeated study, are intended as a result of such
expert-examination;
2) an expert-examination for identifying persons;
3) an expert-examination regarding an error of a medical
practitioner in providing medical treatment.
(2) The head of an expert-examination institution may assign a
commission of experts to perform any expert-examination.
(3) A commission from experts who do not work in one
expert-examination institution shall be established by the person
directing the proceedings, with a decision thereof, or by the
head of expert-examination institution, notifying thereof the
person directing the proceedings.
(4) All the members of a commission of experts shall sign an
expert-examination conclusion of the commission, but if there is
disagreement among such members, each of the experts shall give
his or her own conclusion.
[12 March 2009]
Section 199. Complex
Expert-examinations
(1) A complex expert-examination shall be determined, if, in
order to ascertain matters significant to criminal proceedings,
one object or several objects are to be investigated by experts
of various sectors.
(2) Experts who conduct a complex expert-examination shall
provide a joint conclusion.
(3) An expert who does not agree with a joint conclusion may
provide a separate conclusion.
Section 200. Decision to Determine
an Expert-examination
(1) The person directing the proceedings shall take a decision
to determine an expert-examination. A decision shall not be
subject to appeal.
(2) A decision to determine an expert-examination shall
indicate the following:
1) the reasons and grounds for the determination of the
expert-examination;
2) the conditions that apply to the object to be studied;
3) the expert-examination institution or the given name and
surname of an expert who has been assigned to perform the
expert-examination if such expert does not work in the
expert-examination institution;
4) the assignment put forth for the expert, and the questions
to be solved;
5) the materials transferred to the expert;
(3) In subjecting a living person to an expert-examination, a
decision shall indicate his or her personal data.
(4) If an expert of an expert-examination institution conducts
or participates in an investigative action under the assignment
of the person directing the proceedings and removes objects
subject to further research, the person directing the proceedings
may assign the same expert or the same expert-examination
institution to conduct the expert-examination of such objects,
recording such assignment and questions to be solved in the
minutes of the investigative action. If necessary, the person
directing the proceedings may assign additional questions to the
expert-examination, and submit additional materials.
[18 February 2016; 11 June 2020; 19 November 2020]
Section 201. Conducting of an
Expert-examination in an Expert-examination Institution
(1) In assigning an expert-examination institution the
conducting of an expert-examination, the decision on
determination thereof, the objects to be studied, and the
necessary case materials shall be submitted to the head of such
institution.
(2) The head of an expert-examination institution shall
determine an expert who will perform the expert-examination, and
shall inform the person directing the proceedings thereof.
(3) The head of an expert-examination institution is not
entitled to give an expert binding instructions that may
influence the results of research and the essence of a
conclusion, or to independently request additional materials,
except medical documents, necessary for an examination without
co-ordination with the person directing the proceedings.
[19 November 2020]
Section 202. Executor of an
Expert-examination - Invited Expert
(1) In assigning the conducting of an expert-examination to an
expert who does not work at an expert-examination institution,
the person directing the proceedings shall select a specialist
and:
1) verify regarding his or her character and competence;
2) ascertain that there are no obstacles that might prevent
him or her from conducting the expert-examination;
3) submit to the expert a decision to determine the
expert-examination, the object to be studied, and all the
necessary materials;
4) explain to him or her the rights and duties of an
expert;
5) notify him or her regarding the liability for refusing to
conduct an expert-examination and for consciously providing a
false conclusion;
6) if necessary, explain the procedures for drawing up an
expert-examination conclusion.
(2) An expert shall certify with the signature thereof that he
or she has been familiarised with a decision. The reports and
applications of the expert that the person directing the
proceedings may reject with a decision thereof shall be noted in
the same place.
(3) The person directing the proceedings shall ensure the
transfer of all objects of an expert-examination to an expert,
ensuring, if necessary, the presence of the person subjected to
the expert-examination.
(4) The assignment of the person directing the proceedings
given to an expert shall simultaneously impose a duty on the
employer of the expert to not create obstacles for conducting the
expert-examination.
Section 203. Expert Conclusion
(1) An expert shall give a written conclusion, which he or she
shall certify with the signature thereof.
(2) An expert shall indicate the following in a
conclusion:
1) his or her given name and surname;
2) the position to be held;
3) information regarding his or her qualification;
4) the decision or assignment with which the
expert-examination was determined;
5) the date of the conducting of the expert-examination;
6) the persons present;
7) the used case materials, and the initial data of the object
studied;
8) the methods used in the research, and the acquired
results;
9) the reasoned answers to assigned questions, or the reasons
due to which an answer is not possible;
10) other conditions significant to criminal proceedings,
which the expert has ascertained on the basis of the initiative
thereof.
(3) If an expert cannot give a specific and firm answer to a
question, a conclusion regarding the possibility of the fact to
be ascertained shall be allowed. The expert shall indicate the
degree of certainty of such possibility, if such degree may be
scientifically justified.
(4) Images and other objects or materials shall be attached to
the conclusion of an expert.
Section 204. Use of Compulsory
Measures in Conducting an Expert-examination
(1) In order to ensure a court psychiatric or psychological
expert-examination of a detained person, suspect, or accused, or
the conducting of an expert-examination related to an examination
of his or her body, compulsory measures may be used, if
necessary.
(2) A court psychiatric or psychological expert-examination of
a witness, victim, or a person against whom criminal proceedings
have been initiated, or an expert-examination related to an
examination of his or her body, may be conducted by force only
with a decision of an investigating judge, and only in the case
where the conditions to be proven in criminal proceedings cannot
be ascertained without such expert-examination.
Section 205. Report On the
Impossibility of Providing an Expert Conclusion
If an expert verifies, before the commencement of a study,
that he or she will not be able to answer the questions assigned
in a decision because he or she does not have the relevant
special knowledge, the relevant research methods, or the objects
of research are insufficient or of poor quality, or due to other
substantial circumstances, he or she shall write a reasoned
decision on such circumstances, which he or she shall transfer to
the person directing the proceedings.
Section 206. Samples Necessary for a
Comparative Study
In order to ensure an expert with the possibility to answer
assigned questions, the person directing the proceedings may
take, or assign the expert to take, samples necessary for a
comparative investigation that reflect the characteristics and
features of the object of study of the expert-examination.
Section 207. Persons from whom
Samples for a Comparative Study are Taken
(1) Samples for a comparative study may be taken from a person
against whom criminal proceedings have been initiated, detained
person, suspect, accused, or a person against whom criminal
proceedings are taking place regarding the determination of
compulsory measures of a medical nature.
(2) In order to ascertain whether traces on objects, or
circumstances significant in criminal proceedings, have arisen as
a result of the activities of other persons, samples may also be
taken from such persons, interrogating such persons accordingly
as victims or witnesses.
[24 May 2012]
Section 208. Procedures for Taking
Samples Necessary for a Comparative Study
(1) The person directing the proceedings or an expert under
the assignment thereof may take samples necessary for a
comparative study.
(2) When commencing the taking of the samples necessary for
the comparative study from a person, the performer of the
investigative action shall ask him or her to voluntarily provide
samples for the comparative study or let them be taken, and
explain to the person that samples may be taken also by force. If
samples necessary for a comparative study are taken from a person
with the consent thereof, such taking shall be recorded in
conformity with the provisions of Section 142 of this Law.
(3) The taking of samples necessary for a comparative study,
if such samples are not obtained from a person, shall be
conducted as a separate investigative action. Such taking may
also be conducted during the course of another investigative
action, compulsorily recording the relevant operations in the
minutes.
[27 September 2018]
Section 209. Taking of Samples by
Force Necessary for a Comparative Study
(1) The samples necessary for comparative study may be taken
by force only from a person who has the right to defence.
(2) The samples necessary for comparative study may be taken
from a witness or victim by force only based on a decision of the
investigating judge. In emergency cases where samples necessary
for a comparative study may be destroyed or damaged due to a
delay, the person directing the proceedings may take such samples
by force with the consent of a prosecutor. The person directing
the proceedings shall notify the investigating judge of such
taking by force not later than on the next working day after
conducting of the investigative action, presenting the materials
that justified the necessity and emergency thereof, as well as
the minutes of the investigative action. The judge shall examine
the legality and validity of the investigative action.
[27 September 2018]
Chapter 11 Special Investigative
Actions
Section 210. Provisions for
Performing Special Investigative Actions
(1) The special investigative actions provided for in this
Chapter shall be performed if, in order to ascertain conditions
to be proven in criminal proceedings, the acquisition of
information regarding facts is necessary without informing the
person involved in the criminal proceedings and the persons who
could provide such information.
(2) Persons directing the proceedings, or the institutions and
persons under the assignment thereof, shall perform special
investigative actions based on a decision of an investigating
judge. If the use of the means and methods of an investigative
action are necessary for the enforcement of such action, the
performance of such operation shall be assigned only to State
institutions specially authorised by law (hereinafter in this
Chapter - the specialised State institution).
(3) The performance of a special investigative action shall be
permitted only in investigating less serious, serious or
especially serious crimes.
[12 March 2009]
Section 211. Information Acquired as
a Result of Special Investigative Actions
(1) During the course of a special investigative action, only
information acquired in connection with less serious, serious or
especially serious crimes shall be recorded that:
1) is necessary for ascertaining conditions to be proven in
criminal proceedings;
2) indicates the committing of another criminal offences, or
the conditions of the committing thereof;
3) is necessary for the prevention of immediate and
significant threats to public security.
(2) The person directing the proceedings, his or her involved
persons, a prosecutor, and the investigating judge who supervises
special investigative actions shall implement all the necessary
measures in order not to allow the gathering and use of
information that is not in conformity with the purposes specified
in Paragraph one of this Section.
[12 March 2009]
Section 212. Permission for the
Performance of Special Investigative Actions
(1) Special investigative actions shall be performed on the
basis of a decision of an investigating judge, except in cases
determined in this Chapter.
(2) A decision of an investigating judge shall not be
necessary if all the persons who will work or live in the
publicly inaccessible location during the performance of a
special investigative action agree to the performance of such
operation.
(3) Within the meaning of this Chapter, locations that one may
not enter, or wherein one may not remain, without the consent of
the owner, possessor, or user are publicly inaccessible.
(4) In emergency cases, the person directing the proceedings
may commence special investigative actions by receiving the
consent of a prosecutor, and, not later than on the next working
day, a decision of an investigating judge.
[12 March 2009]
Section 213. Decision to Perform a
Special Investigative Action
(1) An investigating judge shall take the decision to perform
a special investigative action after reasoned proposal of the
person directing the proceedings, and the materials of the
criminal case, have been examined.
(2) The decision shall indicate the special investigative
action, the institutions or persons to which the conduct of such
action has been assigned, the purpose and allowed duration for
the conduct thereof, and all other conditions that have
significance in ensuring of the action to be conducted, including
the permit to imitate participation in committing a criminal
offence or participation in the form of a supporter.
(3) The duration of a special investigative action to be
performed in a publicly inaccessible location shall not exceed 30
days. An investigating judge may extend such term, if there are
grounds for such extension.
[12 March 2009]
Section 214. Consequences of
Violating the Procedures for Receiving Permission
(1) If the person directing the proceedings has not complied
with the procedures for receiving permission specified in this
Section, the evidence acquired as a result of a special
investigative action shall not be used in the evidence
process.
(2) If a special investigative action has been commenced in
accordance with the procedures provided for in Section 212,
Paragraph four of this Law, an investigating judge shall decide
on the justification of the commencement of such investigative
action, as well as the necessity for continuing such operation,
if such operation has not been completed. If the investigative
action was not justified, or was performed illegally, the judge
shall decide on the admissibility of the acquired evidence, and
on the actions with removed objects.
Section 215. Types of Special
Investigative Actions
(1) The following special investigative actions shall be
performed in accordance with the provisions of this Chapter:
1) control of legal correspondence;
2) control of means of communication;
3) control of data in an automated data processing system;
4) control of the content of transmitted data;
5) audio-control of a site or a person;
6) video-control of a site;
7) surveillance and tracking of a person;
8) surveillance of an object;
9) a special investigative experiment;
10) the acquisition in a special manner of the samples
necessary for a comparative study;
11) control of a criminal activity.
(2) In order to perform the investigative actions provided for
in Paragraph one of this Section, or to arrange the technical
means necessary for the ensuring thereof, the entering of
publicly inaccessible places shall be permitted if an
investigating judge has permitted such entering with a decision
thereof.
[12 March 2009]
Section 216. Recording of Special
Investigative Actions
(1) The person directing the proceedings shall write up
minutes if he or she performs a special investigative action by
himself or herself.
(2) If the specialised State institution performs a special
investigative action, a representative thereof shall write an
account, and submit such account, together with the materials
obtained as a result of such operation, to the person directing
the proceedings.
(3) If another person performs a special investigative action
under the assignment of the person directing the proceedings,
such person shall submit an account in writing to the person
directing the proceedings, and submit to him or her the materials
obtained as a result of such operation.
(4) A performer of a special investigative action shall do
everything possible so that the facts of interest to the
investigation are recorded with technical means.
(5) The person directing the proceedings shall inform the
institution that has jurisdiction in the investigation of another
criminal offence regarding information that indicates the
relevant criminal offence or the circumstances of the committing
thereof.
(6) The person directing the proceedings or a specialised
institution shall immediately notify the State security
institutions of the information necessary for the prevention of
immediate and significant threats to public security.
Section 217. Correspondence
Control
(1) Postal institutions, or persons who provide consignment
delivery services, shall perform control of a consignment placed
under the liability thereof, without information of the sender
and addressee, based on a decision of an investigating judge, if
there are grounds to believe that the consignment contains or may
contain information regarding facts included in the circumstances
to be proven, and if the acquisition of necessary information is
impossible or hindered without such operation.
(2) Postal institutions or persons who provide consignment
delivery services shall inform the official referred to in a
decision on the fact that a consignment subjected to control is
at the disposal of such official. Officials shall familiarise
themselves with the contents of a consignment immediately, but
not later than within 48 hours from the moment of the receipt of
information, and shall decide on the removal of such consignment,
or the further delivery thereof with or without the copying,
photographing, or other recording of the content thereof. In all
cases, an official shall write up a consignment inspection
protocol in the presence of a representative of the
deliverer.
(3) A consignment shall be removal only if there are grounds
to believe that during the proving process the original thereof
will have substantially larger significance than a copy or a
visual recording.
(4) If a consignment is removed or a removed consignment is
transferred to the addressee or deliverer with a substantial
delay, he or she shall be informed of the reasons for the delay
of the consignment and the grounds for the control, without
harming the interests of criminal proceedings, insofar as
possible.
(5) [17 May 2007]
[17 May 2007]
Section 218. Control of Means of
Communication
(1) The control of telephones and other means of
communications without the knowledge of the members of a
conversation or the sender and recipient of information shall be
performed, on the basis of a decision of an investigating judge,
if there are grounds to believe that the conversation or
transferred information may contain information regarding facts
included in circumstances to be proven, and if the acquisition of
necessary information is not possible without such operation.
(2) The control of telephones and other means of communication
with the written consent of a member of a conversation, or the
sender or recipient of information, shall be performed if there
are grounds to believe that a criminal offence may be directed
against such persons or the immediate family thereof, or also if
such person is involved or may be enlisted in the committing of a
criminal offence.
Section 219. Control of Data Located
in an Automated Data Processing System
(1) The search of an automated data processing system (a part
thereof), the data accumulated therein, the data environment, and
the access thereto, as well as the its removal without the
knowledge of the owner, possessor, or maintainer of such system
or data shall be performed, on the basis of a decision of an
investigating judge, if there are grounds to believe that the
information in the specific system may contain information
regarding facts included in circumstances to be proven.
(2) If there are grounds to believe that sought data
(information) is being stored in a system, located in another
territory of Latvia, that may be accessed in an authorised manner
by using the system referred to in a decision of an investigating
judge, a new decision shall not be necessary.
(3) The person directing the proceedings may request, for the
commencement of an investigative action, that the person who
oversees the functioning of a system or fulfils duties related to
data processing, storage or transmission provide the necessary
information, ensure the completeness of the information and
technical resources present in the system and make the data to be
controlled unavailable to other users. The person directing the
proceedings may prohibit such person to perform other actions
with data subject to control, as well as shall notify such person
of the non-disclosure of an investigative secret.
(4) In a decision on control of data in an automated data
processing system, an investigating judge may allow the person
directing the proceedings to remove or store otherwise the
resources of an automated data processing system, as well as to
make copies of these resources.
[12 March 2009]
Section 220. Control of the Content
of Transmitted Data
The interception, collection and recording of data transmitted
with the assistance of an automated data processing system using
communication devices located in the territory of Latvia
(hereinafter - the control of transmitted data) without the
information of the owner, possessor, or maintainer of such system
shall be performed, on the basis of a decision of an
investigating judge, if there are grounds to believe that the
information obtained from data transmission may contain
information regarding facts included in circumstances to be
proven.
[12 March 2009]
Section 221. Audio-control or
Video-control of a Site
The audio-control of a publicly inaccessible site without the
information of the owner, possessor, and visitors of such site
shall be performed, on the basis of a decision of an
investigating judge, if there are grounds to believe that the
conversations, other sounds, or occurrences taking place at such
site, may contain information regarding facts included in
circumstances to be proven. The audio-control or video-control of
a publicly inaccessible site shall be performed only if the
acquisition of necessary information is not possible without such
operation.
Section 222. Audio-control of a
Person
(1) The audio-control of a person without the information of
such person shall be performed, on the basis of a decision of an
investigating judge, if there are grounds to believe that the
conversations, or other sounds, of the person may contain
information regarding facts included in circumstances to be
proven, and if the acquisition of necessary information is not
possible without such operation.
(2) The audio-control of a person with the written consent of
such person, on the basis of a decision of the person directing
the proceedings, shall be performed if there are grounds to
believe that a criminal offence may be directed against such
person or the immediate family thereof, or if such person is
involved in, or may be enlisted in, the committing of a criminal
offence.
Section 223. Surveillance and
Tracking of a Person
(1) Surveillance and tracking of a person without the
information thereof shall be performed, on the basis of a
decision of an investigating judge, if there are grounds to
believe that the behaviour of the person, or his or her contact
with other persons, may contain information regarding facts
included in circumstances to be proven, for a term up to 30 days
which an investigating judge may extend, if necessary.
(2) An investigating judge shall indicate in a decision
whether the rights are granted to continue with the surveillance
and tracking, for a term of up to 48 hours, of other persons who
have been in contact with a person to be placed under
surveillance.
[12 March 2009]
Section 224. Surveillance of an
Object or a Site
Surveillance of an object or a site shall be performed, on the
basis of a decision of an investigating judge, if there are
grounds to believe that information regarding facts included in
circumstances to be proven may be acquired as a result of
surveillance.
Section 225. Special Investigative
Experiment
(1) A special investigative experiment shall be performed, on
the basis of a decision of an investigating judge, if there are
grounds to believe that:
1) a person has previously committed a criminal offence, and
is preparing to commit, or has commenced, the same criminal
activities;
2) a specific criminal offence may be interrupted within the
framework of initiated criminal proceedings;
3) information regarding facts included in circumstances to be
proven may be obtained as a result of the experiment, and if the
acquisition of necessary information is impossible or hindered
without such activity.
(2) A special investigative experiment creates a situation or
conditions, characteristic of the daily activities of a person,
that promote the disclosure of criminal intent, and records the
actions of the person in such conditions.
(3) The provocation of the actions of a person is prohibited,
as is the influencing of a person with violence, threats, or
blackmail, or the use of the state of helplessness thereof.
(4) If a special investigative experiment concludes with the
public recording of a criminal offence of a person, a protocol
shall be written regarding such recording in the presence of the
person.
Section 226. Acquisition of
Comparative Samples in a Special Manner
(1) If the interests of proceedings require that it not be
disclosed to a person that suspicions exist regarding his or her
association with the committing of a criminal offence, samples
for a comparative study may be obtained on the basis of a
decision of an investigating judge without informing the relevant
person regarding the obtaining thereof.
(2) Samples that may be obtained repeatedly and which have the
significance of evidence in criminal proceedings shall be removed
publicly when the need to keep the fact of study secret has
ceased to exist.
(3) Decision of the investigating judge shall not be required,
if the comparable samples the creation of which does not depend
on the will of the person are taken in a special way from a
person who has the right to defence.
[27 September 2018]
Section 227. Control of Criminal
Activity
(1) If, on the basis of a decision of an investigating judge,
a separate stage of a single criminal offence or mutually
connected criminal offences is determined, but, in immediately
discontinuing such stage, the opportunity to prevent another
criminal offence, or ascertain all involved persons, especially
the organisers and commissioning parties thereof, or all the
purposes of the criminal activity, will disappear, control of the
criminal activity may be performed.
(2) The determent of an interruption of a criminal offence for
the purpose of control shall not be allowed if the complete
prevention of the following is not possible:
1) threats to the life and health of people;
2) the spread of substances dangerous to the life of many
people;
3) the escape of dangerous criminals;
4) an ecological catastrophe, or irreversible financial
loss.
(3) If another special investigative actions must be performed
for the purpose of a control of criminal activity, permission for
the performance thereof shall be received in accordance with
general procedures.
(4) Performers of a control shall submit accounts to the
person directing the proceedings in accordance with the course of
a special investigative action, but not more rarely than
specified in a decision.
Section 228. Measures for Ensuring
Special Investigative Actions
(1) In order to ensure a special investigative action, the
officials and persons involved in such special investigative
action may use information and documents specially prepared
beforehand, organisations or undertakings specially established
beforehand, imitations of objects and substances, specially
prepared technical means, as well as imitate participation in the
committing of a criminal offence, or participation in the manner
of a supporter.
(2) In imitating a criminal activity, it shall not be
permitted to threaten the life and health of people, or to cause
any losses, if such losses are not absolutely necessary for the
disclosure of a more serious and more dangerous crime.
(3) A person shall be responsible in accordance with general
procedures for the use of the security measures referred to in
Paragraph one of this Section outside of the framework necessary
for the performance of a special investigative action.
Section 229. Use of the Results of
Special Investigative Actions in Proving
(1) The protocols, accounts, sound and image recordings,
photographs, other results recorded with technical means, and
removed objects and documents or the copies thereof of special
investigative actions shall be used in proving in the same way as
the results of other investigative actions.
(2) If secretly recorded expressions or activities of a person
are used in proving, such person shall compulsorily be
interrogated regarding such expressions or activities. When a
person is acquainted with facts that have been acquired without
his or her knowledge, such person shall be informed regarding the
performed secret operation insofar as such operation directly
affects the relevant person.
(3) If a special investigative action was performed without
complying with the provision for receiving permission, the
acquired information shall not be used in proving.
[28 September 2005]
Section 230. Use of the Results of
Special Investigative Actions for Other Purposes
(1) Evidence obtained as a result of special investigative
actions shall be used only in the criminal proceedings wherein
the relevant operations were performed. If acquired information
regarding facts that indicates the committing of another criminal
offence, or the circumstances to be proven in another criminal
proceedings, such information may be used as evidence in the
relevant case only with the consent of the prosecutor or
investigating judge who supervises special investigative actions
in the criminal proceedings wherein the relevant operation was
performed. Such restriction is not applicable to the use of
supporting evidence within the framework of another criminal
proceedings.
(2) A decision of an investigating judge or prosecutor shall
not be necessary if information acquired as a result of special
investigative actions is used in order to prevent an immediate
and significant threat to public security.
Section 231. Familiarisation with
Materials that are not Attached to a Criminal Case
(1) Accounts regarding special investigative actions, as well
as materials recorded with technical means that a performer has
recognised do not have the significance of evidence in criminal
proceedings, shall not be attached to a criminal case, and shall
be stored at the institution that completed the pre-trial
proceedings.
(2) A person involved in criminal proceedings who has the
right to familiarise himself or herself with the materials of a
criminal case after completion of the pre-trial proceedings may
submit a proposal to an investigating judge, requesting that he
or she be familiarised with the unattached materials.
(3) An investigating judge shall assess a proposal, taking
into account the possible significance of materials in criminal
proceedings and the allowed restrictions on human rights, and may
prohibit the opportunity to become familiarised with unattached
materials, if such familiarisation may substantially threaten the
life, health, or interests protected by law of a person involved
in criminal proceedings, or if such familiarisation affects only
a private secret of a third person.
(4) The person involved in criminal proceedings who has
familiarised with materials unattached to a criminal case may
submit a request to the person directing the proceedings
regarding the attachment of such materials to the criminal case.
The request shall be decided in accordance with the same
procedures as other requests submitted after completion of the
pre-trial proceedings.
(5) The same composition of a court shall decide on a request,
submitted during a trial, to become familiar with the materials
of a special investigative action unattached to a criminal case,
familiarising itself with the request and the materials of the
criminal case, and, if necessary, requesting explanations from
submitter and prosecutor.
[12 March 2009; 21 October 2010]
Section 232. Actions with the
Results of a Special Investigative Action that do not have the
Significance of Evidence in Criminal Proceedings
(1) The prosecutor or investigating judge who supervises
special investigative actions in criminal proceedings shall
decide on actions with accounts, audio-recordings and
video-recordings, photographs, other materials that have been
recorded using technical means, and removed objects and documents
and the copies thereof, if the person directing the proceedings
has recognised that such objects and documents do not have the
significance of evidence in criminal proceedings, in such a way
that the consequences of injury to human rights are reduced as
far as possible.
(2) The removed documents and objects shall, if possible, be
returned to the owners, informing such owners of the special
investigative action insofar as such operation affects such
persons.
(3) Accounts, copies, and materials that were recorded using
technical means shall be destroyed, if it is ascertained that
such accounts, copies, or materials do not have the significance
of evidence in criminal proceedings.
(4) In criminal proceedings wherein the persons who are to be
held criminally liable have not been ascertained, actions with
the materials referred to in this Section may be decided not
earlier than six months after completion of a special
investigative action.
(5) In completed criminal proceedings, actions with such
materials may be decided after completion of the term for
appealing a decision.
(6) In criminal proceedings that have been transferred to a
court for examination, actions with the referred to materials
shall be decided after entering into effect of the court
ruling.
Section 233. Measures for Protecting
Information in Criminal Proceedings
(1) Information regarding the fact of the performance of a
special investigative action shall, until the completion thereof,
be confidential investigative data regarding the disclosure of
which officials or persons who are involved in the performance
thereof shall be responsible in accordance with the law. A
representative who has the right to familiarise himself or
herself with all the materials of a criminal case from the moment
of the issuance of prosecution shall not be familiarised with the
documents that apply to a special investigative action until the
completion of such investigative action.
(2) The person directing the proceedings shall use all the
measures provided for by law in order to restrict the spread of
information that has been acquired as a result of a special
investigative action and that has the significance of evidence in
criminal proceedings, if such information affects a private
secret of a person or affects other restricted-access information
protected by law.
(3) Preparation of copies of materials obtained as a result of
a special investigative action shall be allowed only in the cases
provided for by law, making a note thereof in the protocol of the
relevant operation.
Section 234. Measures for the
Protection of Information Included in Materials not Attached to a
Criminal Case
(1) The methods, techniques, and means for the performance of
a special investigative action, as well as the information
acquired as a result thereof that does not have the significance
of evidence in the criminal proceedings in which such operation
was performed, or the use of which in another criminal
proceedings is not permitted, or which is not necessary for the
prevention of an immediate and significant threat to public
security, shall be a State or investigative secret, and persons
shall be held liable for the disclosure thereof in accordance
with the procedures laid down in the Criminal Law.
(2) The person directing the proceedings shall notify the
persons who are involved in the performance of special
investigative actions regarding of the liability provided for in
Paragraph one of this Section. If the performance of special
investigative actions is the professional duty of a person, his
or her employer shall ensure report.
(3) A prosecutor or investigating judge shall notify persons
who are being familiarised with the materials not attached to a
criminal case regarding liability.
(4) In deciding regarding actions with materials not attached
to a criminal case, a prosecutor and investigating judge shall
examine whether all person have been notified and whether the
necessary measures have been performed in order to prevent the
spread of unjustified information, and shall assign tasks for the
rectification of deficiencies.
Chapter 12 Actions with Objects
and Documents
[7 October 2021]
Section 235. Attachment of Objects
and Documents to a Criminal Case and the Storage Thereof
(1) The person directing the proceedings shall register the
objects and documents obtained during the course of investigative
actions in the list of objects and documents in the criminal
case.
(2) The objects and documents obtained during the course of
investigative actions shall be returned to the owner or lawful
possessor thereof who shall sign for such objects or documents,
making a note thereof in the list of objects and documents if one
of the following conditions exists:
1) it has been established in subsequent proceedings that the
relevant objects and documents do not have the significance of
evidence in criminal proceedings; or
2) the necessary investigative actions involving the relevant
objects and documents have been performed and the return thereof
to the owner or lawful possessor does not harm subsequent
criminal proceedings.
(21) Actions with the seized property shall occur
in accordance with the procedures laid down in Chapter 28 of this
Law.
(3) In returning the objects or documents obtained during the
course of investigative actions to the owner or lawful possessor
after performance of the necessary investigative actions in
criminal proceedings, where appropriate, the samples of the
necessary objects or copies of documents shall be kept.
(4) If returning of the originals of documents to the owner or
lawful possessor thereof may harm subsequent criminal proceedings
or there are justified suspicions that, after return, they might
be used for the achievement of unlawful objectives, the owner or
legal possessor of the documents shall be given copies of the
documents and the originals of documents shall be attached to the
case materials and stored together with the case throughout the
storage period thereof.
(5) The originals of documents permanently stored in the
collections of the State Archives shall be removed during the
course of investigative actions only for the performance of a
technical or handwriting expert-examination on the documents, but
in other cases certified copies thereof shall be attached to the
case materials.
(6) If the objects or documents obtained during the course of
investigative actions have other significance in the criminal
proceedings, the person directing the proceedings shall decide on
actions involving the relevant objects and documents in
conformity with the requirements of this Law. The materials, the
circulation of which is prohibited by law, shall not be
returned.
(7) The Cabinet shall determine the place and procedures for
storage of such material evidence, which may not be returned to
the owner or lawful possessor and which may not be stored with
other materials of a criminal case.
(8) In transferring the materials of a criminal case to
another person directing the proceedings, material evidence may
be left in storage in the place for storage of the material
evidence determined by the first person directing the
proceedings. The person directing the proceedings shall, in
pre-trial proceedings until completion of investigation, make a
note in the list of objects and documents in the criminal case on
the status in the criminal proceedings of the objects and
documents obtained during the course of investigative
actions.
[21 October 2010; 7 October 2021]
Section 236. List of Objects and
Documents
The person directing the proceedings shall indicate the
following in the list of objects and documents:
1) the name of an object or a document, and also the status of
the object and the change thereof in criminal proceedings;
2) the date and the investigative action wherein the object or
document was obtained;
3) storage location;
4) the date and definitive action with the object or
document.
[7 October 2021]
Section 237. Storage of Material
Evidence
[21 October 2010]
Section 238. Document Storage
[21 October 2010]
Section 239. Terms for the Storage
of Material Evidence and Documents
(1) Material evidence and documents shall be stored until a
court judgment enters into effect or the term until which a
decision to terminate criminal proceedings may be appealed ends
unless any of the conditions referred to in Section 235,
Paragraph two of this Law have been established.
(2) If there is a dispute regarding rights to a removed object
to be settled in accordance with civil procedures, material
evidence and documents shall be stored until a court judgment in
a civil case enters into effect, or a limitation period for a
claim sets in.
(3) Material evidence, the long-term storage of which is not
possible or the long-term storage of which causes losses to the
State, if they may not be returned to the owner or lawful
possessor thereof, according to a decision of the person
directing the proceedings, shall be:
1) disposed of or destroyed;
2) destroyed if they have been recognised as unfit for use or
distribution.
(4) Material evidence, the circulation of which is prohibited
by law or which endanger the environment, shall be transferred to
the relevant institutions or destroyed according to a decision of
the person directing the proceedings.
(5) The person directing the proceedings shall send a copy of
the decision to dispose or destroy the material evidence to the
owner or lawful possessor of the material evidence, informing him
or her about the right to appeal against the decision in
pre-trial criminal proceedings before the investigating judge.
Execution of the decision shall be suspended until examination of
the complaint. Suspending the execution of the decision shall not
apply to objects, the long-term storage of which is not possible.
The decision of the investigating judge shall not be subject to
appeal.
(6) The Cabinet shall determine the procedures for the
disposal and destruction of the material evidence referred to in
Paragraphs three and four of this Section. Where appropriate,
before the disposal or destruction of material evidence, samples
of the relevant objects shall be kept.
[21 October 2010]
Section 240. Final Actions with the
Material Evidence, Documents, Property Related to Criminal
Offence, as well as Other Removed Objects and Valuables
(1) A decision to terminate criminal proceedings, prosecutor's
penal order, or court ruling shall indicate what shall be done
with material evidence, documents, property related to criminal
offence and other removed objects and valuables, that is:
1) material evidence, documents, other removed objects and
valuables shall be returned to the owners or lawful possessors
thereof, but if it is not required to return them to the owner or
lawful possessor, they shall be disposed of, or if they have no
value, they shall be destroyed or issued to the interested
authority upon its request;
2) confiscated objects for committing a criminal offence shall
be transferred to the State Revenue Service, but if they have no
value, they shall be destroyed;
3) confiscated objects the circulation of which is prohibited
shall be transferred to the relevant institutions or
destroyed;
4) confiscated animals and confiscated vehicles shall be
transferred to the State Revenue Service;
5) confiscated property which should not be left in the
ownership of the person due to the committed criminal offence
shall be transferred to the State Revenue Service, but if it has
no value, it shall be destroyed;
6) confiscated objects the origin or ownership of which has
not been established in the respective criminal case shall be
transferred to the State Revenue Service.
(2) In deciding on return of material evidence to the owner or
lawful possessor thereof, action with the material evidence shall
be determined concurrently in case the owner or lawful possessor
will not have removed the relevant evidence within two months
from the date when a notification was sent.
(3) If material evidence must be returned to the owner or
lawful possessor thereof, the person directing the proceedings
shall, not later than within 14 days after entering into effect
of a judgment or decision to terminate the criminal proceedings,
notify thereof the owner or lawful possessor of the material
evidence and the institution, which ensures storage of the
material evidence.
(4) If the owner or lawful possessor of the material evidence
has not removed the relevant material evidence within two months
from the date when a notification was sent, the material evidence
shall be destroyed or disposed of according to that indicated in
the judgment or decision.
(5) If material evidence must be returned to the owner or
lawful possessor thereof, however, it is not possible to do so,
the owner shall be compensated with an object of the same sort
and the same quality, or also paid the value that exists at the
time of compensation. It shall not apply to cases when material
evidence has been destroyed or disposed of in accordance with the
conditions of Paragraph four of this Section. The value of the
material evidence to be compensated shall be determined according
to the same procedures by which the value of the property
subjected to seizure is determined.
(6) The Cabinet shall determine the procedures for the
disposal or destruction of material evidence in the cases
determined in Paragraphs one and four of this Section.
(7) [22 June 2017]
[21 October 2010; 20 December 2012; 22 June 2017; 11 June
2020]
Division Three
Procedural Compulsory Measures and Sanctions
Chapter 13 General Provisions for
the Application of Compulsory Measures
Section 241. Grounds for the
Application of a Procedural Compulsory Measure
(1) Grounds for the application of a procedural compulsory
measure shall be the resistance of a person to achieving the
objective of criminal proceedings in the specific proceedings or
to carrying out a separate procedural action, or failure to
fulfil or improper fulfilment of his or her procedural
duties.
(2) A security measure shall be applied as a procedural
security measure to a suspect or an accused if there are grounds
to believe that the relevant person will continue criminal
activities, or hinder pre-trial criminal proceedings or court or
avoid such proceedings and court.
(3) In making a judgment, a court may apply a security measure
to an accused if there are grounds to believe that he or she may
avoid the execution of the judgment. In cases when a court has
imposed a custodial sentence for serious or especially serious
crime, a convicting judgement may be the grounds for selection of
security measure - arrest.
[12 March 2009]
Section 242. Procedural Compulsory
Measures
(1) In order to ensure criminal proceedings, the rights of a
person may be restricted with the following procedural compulsory
measures:
1) detention;
2) placement in a medical institution for the performance of
an expert-examination;
3) conveyance by force.
(2) Security measures are also procedural compulsory measures.
Such measures may be applied only to a suspect or accused.
Section 243. Security Measures
(1) The following are security measures:
1) [12 March 2009];
11) notification of the change of the place of
residence;
12) reporting to the police authority at a specific
time;
2) prohibition from approaching a specific person or
location;
3) prohibition from a specific employment;
4) prohibition from departing from the State;
5) residence in a specific place;
6) personal guarantee;
7) bail;
8) placement under police supervision;
9) house arrest;
10) arrest.
(2) The following may also be applied to a minor as a security
measure:
1) placement under the supervision of parents or
guardians;
2) placement in a social correctional educational
institution.
(3) Placement under the supervision of a unit commander
(supervisor) may be applied to a soldier as a security
measure.
(4) The security measures referred to in Paragraph one,
Clauses 1.1- 4 of this Section may also be applied
additionally to any other security measure.
[12 March 2009; 24 May 2012]
Section 244. Selection of Procedural
Compulsory Measures
(1) The person directing the proceedings shall choose a
procedural compulsory measure that infringes upon the basic
rights of a person as little as possible, and is
proportionate.
(2) In selecting a security measure, the person directing the
proceedings shall take into account the nature and harmfulness of
a criminal offence, the character of the suspect or accused, his
or her family situation, health, and other conditions.
(21) Arrest shall be applied to a minor only in
cases of absolute necessity after evaluation of the application
of other security measures. When choosing a security measure
related to the deprivation of liberty for a minor, in addition to
the conditions referred to in Paragraphs one and two of this
Section the age of the minor and possible risks in relation to
the physical, mental and social development of the minor, and
also his or her ability to integrate into the society shall be
taken into account.
(3) A procedural compulsory measure may not be applied to a
victim who is a minor which has suffered from violation committed
by a person from whom the victim is materially or otherwise
dependent, or sexual abuse, as well as to a victim who is a
juvenile.
[12 March 2009; 27 September 2018]
Section 245. Decision to Apply a
Procedural Compulsory Measure
(1) A procedural compulsory measure is applied by the person
directing the proceedings or an investigating judge with a
reasoned written decision that indicates:
1) the person to whom the compulsory measure is to be
applied;
2) grounds for the application of the procedural compulsory
measure;
3) the type of compulsory measure;
4) [19 January 2006];
5) the institution or person to whom the execution of the
decision has been assigned;
6) the procedures for the appeal of the decision.
(2) A decision to apply a security measure shall additionally
indicate the criminal offence in connection with the committing
of which the security measure is applied to a suspect or
accused.
(3) An investigating judge shall take a decision, during
pre-trial proceedings, regarding arrest, house arrest, the
placement of a minor in a social correctional educational
institution, or the placement of a person in a medical
institution for the performance of an expert-examination.
(4) A decision to detain a person shall not be taken.
[19 January 2006; 12 March 2009]
Section 246. Application of a
Procedural Compulsory Measure
(1) In commencing the application of a procedural compulsory
measure, the person who applies such measure shall inform the
person to whom the compulsory measure is applied regarding the
taken decision, as well as explains the essence, content, and
procedures for appeal of the compulsory measure, and the
consequences of not complying with the compulsory measure. These
provisions shall not apply to conveyance by force.
(2) Prior to taking a decision to apply the security measure
which is related to deprivation of liberty, the person directing
the proceedings shall issue to the person who has the right to
defence a copy of the proposal which contains a justification for
the selection of the particular security measure with
considerations based on the materials of the case.
[12 March 2009; 23 May 2013]
Section 247. Informing Other Persons
Regarding a Procedural Compulsory Measure
(1) If a procedural compulsory measure is related to the
deprivation of the liberty of a person, the person directing the
proceedings shall, in conformity with the will and instructions
of such person, immediately but not later than within 24 hours
inform the family or other members of the immediate family of
such person, and his or her workplace or place of study,
regarding the application of such measure and the location of the
relevant person.
(2) If the compulsory measure referred to in Paragraph one of
this Section has been applied to a minor, the person directing
the proceedings shall inform the parents or other close relatives
of legal age of such minor, or the guardian of such minor if the
relevant minor is under guardianship, regarding the application
of such security measure. The person directing the procedures
need not inform the abovementioned persons, if it is in
contradiction with the interests of the minor. In such case the
person directing the proceedings shall inform another person of
legal age whom the minor has indicated, or a representative of an
institution of protection of the rights of the child, or a
representative of such non-governmental organisation who carries
out the function of protection of the rights of the child,
regarding application of the compulsory measure referred to in
Paragraph one of this Section.
(3) The person directing the proceedings shall, in conformity
with the will of the relevant person, inform the representative
office of the country of a foreigner, with the intermediation of
the Ministry of Foreign Affairs of the Republic of Latvia,
regarding the application of the compulsory measure referred to
in Paragraph one of this Section.
(4) If an application of a specially protected victim has been
received in which it is requested to provide information
regarding release or escape of such arrested person from a place
of imprisonment or a place of temporary detention who has
inflicted harm to him or her, the person directing the
proceedings shall send the relevant information to the victim as
soon as he or she has become aware of release or escape.
[12 March 2009; 18 February 2016]
Section 248. Protection of a Minor,
a Dependant, or Property
(1) If, in applying to a person a procedural compulsory
measure related to the deprivation of liberty, a minor, or a
person under the guardianship or trusteeship of such person, is
left without supervision and care, the person directing the
proceedings shall provide such person with the opportunity to
contact, with the intermediation of controlled communications, a
member of the immediate family or another person regarding the
ensuring of supervision and care. If the person does not have
such opportunity, the person directing the proceedings shall
inform authority protecting the rights of children, social
institutions, or Orphan's and Custody Court.
(2) If, in applying to a person a procedural compulsory
measure related to the deprivation of liberty, a property is left
without supervision, the person directing the proceedings shall
provide such person with the opportunity to contact, with the
intermediation of controlled communications, a member of the
immediate family or another person regarding the ensuring of the
management of the property. If the person does not have such
opportunity, upon request of such person the person directing the
proceedings shall, with a decision, temporarily for a term not
longer than three months, assign the protection of the property
to the local government according to the location of the property
in order to ensure the person an opportunity to agree regarding
the further management of the property. The procedures for the
protection and transfer of property shall be determined by the
Cabinet. The financing for the protection of property shall be
ensured from the funds earmarked from the State budget specially
for this purpose.
(3) If in applying to a person deprivation of liberty
associated with a procedural compulsory measure, without
supervision and care remains an animal and the person with the
intermediation of controlled communications has not communicated
with a member of the immediate family or another person regarding
the ensuring the supervision and care thereof, as well as has not
requested the person directing the proceedings to ensure the
protection of property referred to in Paragraph two of this
Section, the person directing the proceedings shall, with a
decision, entrust the care of the animal left without supervision
to the local government according to the location of the property
or for action with such animal according to the procedures laid
down in laws and regulations.
(4) The person directing the proceedings shall inform the
person to whom a compulsory measure has been applied regarding
performed measures in writing.
[19 January 2006; 17 May 2007; 12 March 2009; 30 March
2017]
Section 249. Modification or
Revocation of a Procedural Compulsory Measure
(1) If, during the term of the application of a procedural
compulsory measure, the grounds for the application of such
measure disappear or change, the provisions for the application
of such measure, or the behaviour of the person, change, or if
other circumstances are ascertained that determine the selection
of the compulsory measure, the person directing the proceedings
shall take a decision on modification or revocation of such
procedural security measure.
(2) If a person violates the provision of an applied security
measure or fails to fulfil his or her procedural duties, the
person directing the proceedings is entitled to select and apply
another more restricting security measure.
(3) A copy of a decision on modification or revocation of a
compulsory measure shall be immediately delivered to the
institution or official who ensures the execution thereof, and to
the person to whom such compulsory measure has been applied, but,
if a security measure related to the deprivation of liberty has
been applied, also to an investigating judge.
(4) If a previously applied security measure is revoked as a
result of examination of a complaint, a more restricting security
measure shall be applied only if new circumstances exist.
[12 March 2009; 14 January 2010]
Chapter 14 Compulsory Measures not
Related to Deprivation of Liberty
Section 250. Conveyance by Force
(1) If a person does not arrive without a justified reason at
a procedural action on the basis of a summons of the person
directing the proceedings, conveyance by force may be applied to
such person in order to ensure the participation thereof in the
procedural action.
(2) Conveyance by force may also be applied to a person,
against whom the criminal proceedings have been commenced, a
suspect or accused without a previous summons, if his or her
place of residence is unknown or if he or she is hiding from a
pre-trial criminal proceedings and court.
(3) Conveyance by force may be applied to pregnant women or
acutely ill persons, if the fact of such pregnancy or acute
illness has been certified by a physician, only if the
performance of a procedural action is not possible at the
location of the person, and only with a decision of an
investigating judge or court.
[12 March 2009]
Section 251. Procedures for
Conveyance by Force
(1) Conveyance by force is applied with a decision of the
person directing the proceedings that indicates who shall be
conveyed, the official to whom such person shall be conveyed, and
when and for what purpose such person shall be conveyed, as well
as the police institution to which the conveyance by force has
been assigned.
(2) Having found the person to whom conveyance by force must
be applied, a police employee shall familiarise such person, in
return for a signature, with a decision, deliver the relevant
person to the official referred to in the decision, and record in
the decision the time when such delivery was performed.
(3) If conveyance by force may not be applied, or if the
person to be conveyed has not been found, a police employee shall
record such fact in a decision, which shall be given to the
person directing the proceedings.
Section 252. Report of the Address
for the Receipt of Consignment
[12 March 2009]
Section 252.1
Notification of the Change of the Place of Residence
Notification of the change of the place of residence is a
written obligation of a suspect or accused to notify the person
directing the proceedings without delay, but not later than
within one working day regarding change of the place of
residence, indicating the new address of the place of
residence.
[24 May 2012]
Section 252.2 Reporting
to the Police Authority at a Specific Time
Reporting to the police authority at a specific time is a duty
imposed by a decision of the person directing the proceedings on
a suspect or accused to report to the police authority according
to his or her place of residence.
[24 May 2012]
Section 253. Prohibition for
Approaching a Specific Person or Location
(1) Prohibition from approaching a specific person is a
restriction upon a suspect or accused, provided for with a
decision of the person directing the proceedings, from being
located closer than the distance referred to in a decision from
the relevant person, from having physical or visual contact with
such person, and using means of communication, or techniques for
transferring information, in order to make contact with such
person.
(2) A prohibition from approaching a specific location is a
restriction, provided for with a decision of the person directing
the proceedings, upon a suspect or accused from visiting the
relevant location, or being located closer than the distance
referred to in the decision.
(3) Approaching a specific person or location shall not be
recognised as a violation of the prohibition referred to in
Paragraphs one and two of this Section, if such approaching takes
place within the framework of criminal proceedings, fulfilling
the instructions of the person directing the proceedings.
Section 254. Prohibition on Specific
Employment
(1) A prohibition on specific employment is a restriction upon
a suspect or accused, specified with a decision of the person
directing the proceedings, from performing a specific type of
employment (activities) for a time, or from execution of the
duties of a specific position (job).
(2) A decision on a prohibition on specific employment shall
be sent for execution to the employer of a person, or to another
relevant authority.
(3) The decision referred to in Paragraph one of this Section
is mandatory for any official, and shall be fulfilled within
three working days after the day of the receipt thereof. An
official shall notify the person directing the proceedings
regarding the commencement of the execution of a decision.
Section 255. Prohibition on
Departure from a Country
A prohibition on departure from a country is a restriction,
specified by a decision of the person directing the proceedings,
upon a suspect or accused to depart from a country without the
permission of the person directing the proceedings.
[24 May 2012]
Section 256. Residence in a Specific
Place
Residence in a specific place is a written obligation of a
suspect or accused to reside during the time indicated and at the
place specified by the person directing the proceedings or to not
leave the specifically indicated place of residence or temporary
residence for longer than 24 hours without the permission of the
person directing the proceedings, as well as to arrive without
delay on the basis of a summons of the person directing the
proceedings, or to fulfil other criminal-procedural duties.
[24 May 2012]
Section 257. Bail
(1) A bail is a monetary sum, specified with a decision of the
person directing the proceedings, that has been transferred to
the depository (storage) of a credit institution specified by the
person directing the proceedings in order to ensure the arrival
of a suspect or accused on the basis of a summons of the person
directing the proceedings, and the execution of other procedural
duties specified in the Law.
(2) The person directing the proceedings shall determine the
amount of a bail, considering the nature of the criminal offence
and the harm caused by such offence, the financial status of a
person, as well as the type and measure of a punishment specified
in the Law. If decision of the person directing the proceedings
regarding a security measure is appealed, the amount of a bail
may be determined by an investigating judge.
(3) A bail may be paid by the person to whom such security
measure has been applied, as well as by any other natural person
or legal person. If a bail is paid by another person, the person
directing the proceedings shall inform such person regarding the
essence of the specific criminal proceedings in connection with
which such security measure has been applied, and shall explain
the consequences that will come about if such security measure is
not complied with.
(4) A person who has paid a bail shall submit a document
certifying payment to the person directing the proceedings, as
well as a written notice regarding origin of the bail containing
information regarding the persons who have granted the resources
for paying the bail, and the amount of the money granted. The
documents submitted shall be appended to the criminal case.
(5) If a suspect or accused does not fulfil procedural duties
or commits a new intentional criminal offence, a bail shall be
paid to the State budget with a decision of the person directing
the proceedings, but in other cases of the modification or
revocation of a security measure, such bail shall be returned to
the provider thereof.
[12 March 2009; 18 February 2016]
Section 258. Personal Guarantee
(1) A personal guarantee is a written obligation with which a
natural person in accordance with the decision of the person
directing the proceedings on application of a security measure
guarantees that a suspect or accused will arrive on the basis of
a summons of the person directing the proceedings, and will
fulfil other procedural duties.
(2) As a personal guarantor may be a natural person who has
expressed such desire and regarding which the person directing
the proceedings is in confidence that he or she can ensure
fulfilment of obligations. There shall be not less than two
personal guarantors.
(3) In accepting a bail, the person directing the proceedings
shall inform the guarantors regarding the essence of the specific
criminal proceedings in connection with which a security measure
has been applied, and shall explain the consequences that will
come about if the provisions of such security measure are not
complied with.
(4) If the provisions of a security measure are violated, a
fine shall be applied on a guarantor, with a decision of an
investigating judge or a court decision, in the amount of 10 to
30 of the minimal monthly wage specified in the Republic of
Latvia.
[12 March 2009]
Section 259. Placement of a Soldier
under the Supervision of a Unit Commander (Supervisor)
(1) The placement of a soldier under the supervision of a unit
commander (supervisor) is a written obligation of the unit
commander (supervisor), in accordance with a decision of the
person directing the proceedings, regarding the application of a
security measure to ensure that a suspected or accused soldier
will arrive on the basis of a summons of the person directing the
proceedings, and fulfil other procedural duties.
(2) The placement of a soldier under the supervision of a unit
commander (supervisor) shall be applied only with the consent of
the unit commander (supervisor), and he or she may withdraw from
the supervision of the soldier at any time.
(3) In receiving a written obligation from a unit commander
(supervisor) regarding the taking of a soldier under supervision,
the person directing the proceedings shall inform him or her
regarding the essence of the specific criminal proceedings in
connection with which such security measure has been applied, as
well as his or her liability.
(4) If a suspect or accused does not fulfil his or her
obligations, the unit commander (supervisor) under the
supervision of whom he or she is located, an investigating judge,
or the court may apply a fine up to the amount of 10 of the
minimal monthly wage specified in the Republic of Latvia.
Section 260. Placement of a Minor
under the Supervision of Parents or Guardians
(1) The placement of a minor under the supervision of parents
or guardians is a written obligation of one person or several of
such persons, in accordance with a decision of the person
directing the proceedings, regarding the application of a
security measure to ensure that the suspected or accused minor
will arrive on the basis of a summons of the person directing the
proceedings, and fulfil other procedural duties.
(2) Placement under the supervision of parents or guardians
shall be applied only with the consent of such persons and the
minor himself or herself.
(3) In placing a minor under the supervision of parents or
guardians, the person directing the proceedings shall inform such
persons regarding the essence of the specific criminal
proceedings in connection with which a security measure has been
applied, and shall explain the consequences that will come about
if the provisions of such security measure are not complied
with.
(4) Parents or guardians may withdraw from the supervision of
a minor at any time, if such persons are not able to ensure the
proper behaviour of the minor.
(5) If a suspect or accused, who is a minor does not fulfil
his or her procedural duties, an investigating judge or a court
may apply a fine of up to the amount of 10 of the minimal monthly
wage specified in the Republic of Latvia upon the persons under
whose supervision the minor is located.
Section 261. Placement under Police
Supervision
(1) Placement under police supervision is the relocation and
the restriction of the discretionary power of a suspect or
accused with the provision that the relevant person shall not
change his or her permanent or temporary place of residence
without the permission of the person directing the proceedings,
visit the locations or institutions referred to in the decision,
meet with the persons referred to in the decision, that such
person shall be located in his or her place of residence during
specific hours of the day, and that he or she shall declare
himself or herself not more than 3 times per week at the police
institution according to the place of residence thereof.
Restrictions shall be determined taking into account the work or
study conditions of a suspect or accused.
(2) A decision to apply a security measure shall be sent for
execution to the police institution in the territory of which the
person resides.
(3) A police institution shall immediately register a person
to be supervised and inform the person directing the proceedings
regarding the taking of such person under supervision.
(4) In order to examine the conformity of a person with the
restrictions on freedom of movement and discretionary power,
police employees have the right to visit the person at the place
of residence indicated in the decision at the front door of the
place of residence. The person has an obligation to open the
front door of the place of residence during the examination and
to be at the front door within the view of the police employee
until the end of the examination.
(5) In order to examine the conformity of a person with the
restriction on freedom of movement - prohibition from meeting the
persons referred to in the decision -, a police employee has the
right to enter and the person has a duty to allow the police
employee to enter his or her permanent or temporary place of
residence (apartment, house).
[24 May 2012]
Section 262. Appeal of a Decision to
Apply a Security Measure not Related to Deprivation of
Liberty
(1) During pre-trial proceedings, a decision taken by the
person directing the proceedings on the following may be
appealed:
1) prohibition from approaching a specific person or
location;
2) prohibition on a specific employment;
3) prohibition on departure from the State;
4) amount of a bail;
5) placement under police supervision, but only in relation to
restrictions on movement and action indicated in the
decision;
6) duty to report to the police authority at a specific
time;
7) residence at a specific place.
(2) The decision referred to in Paragraph one of this Section
may be appealed only then, if a person to whom a security measure
has been applied may justify that the provisions of such security
measure cannot be fulfilled. A complaint may be submitted to an
investigating judge by the person himself or herself, the defence
counsel or representative thereof, within seven days after
receipt of a copy of the decision to apply the security
measure.
(3) An investigating judge shall examine a complaint in a
written procedure within three working days. If necessary, the
judge shall request court materials, and explanations of the
person directing the proceedings or the submitter of the
complaint.
(4) An investigating judge may, with a decision thereof,
reject a complaint or assign the person directing the proceedings
to modify an applied security measure or the provisions thereof
within three working days, or determine the amount of a bail.
(5) A copy of a decision taken by an investigating judge shall
be sent to the person directing the proceedings, the person to
whom the relevant security measure has been applied, and the
submitter of the complaint. The decision shall not be subject to
appeal.
[12 March 2009; 24 May 2012]
Chapter 15 Compulsory Measures
Related to the Deprivation of Liberty
Section 263. Detention
Detention is the deprivation of the liberty of a person, for a
period of time of up to 48 hours, without a decision of an
investigating judge, if conditions for detention exist.
Section 264. Conditions of
Detention
(1) A person may be detained only if there are grounds for the
assumption regarding the committing of a criminal offence for
which a custodial sentence may be imposed, and if one of the
following provisions exists:
1) the person was surprised precisely at the moment of the
committing of a criminal offence, immediately afterwards, or also
in escaping from the location where the criminal offence was
committed;
2) a person shall be indicated as the perpetrator of a
criminal offence by a victim or another person who saw the event
or directly acquired such information in another way;
3) clear traces of the committing of the criminal offence have
been found on the person himself or herself, in the premises in
the usage thereof, or in other objects;
4) traces left by such person have been found at the location
where the criminal offence was committed;
5) [17 May 2007].
(2) If conditions for detention exist, but a custodial
sentence may not be imposed for the committed criminal offence, a
person may be detained if there are reliable grounds to believe
that the arrival thereof on the basis of a summons of the person
directing the proceedings will not be able to be ensured
because:
1) the person refuses to provide information regarding his or
her identity, and the identity thereof has not been
ascertained;
2) the person does not have a specific place of residence and
place of employment;
3) the person does not have a permanent place of residence in
Latvia, and such person may attempt to depart from the State.
(3) If there are grounds to believe that a serious or
especially serious crime has been committed, a person who is a
vagrant in and hides in the site of the committing of the offence
or in the vicinity thereof, and who does not have a specific
place of residence and place of employment, may also be detained,
if there are grounds to the assumption regarding the connection
thereof with the committed offence.
(4) Taking into account the conditions of this Section, during
one criminal proceedings, a person shall be detained only one
time.
[17 May 2007; 20 December 2012]
Section 265. Detention
Procedures
(1) In detaining a person upon initiative of an employee of
the State Police, an employee of an investigating institution, or
a prosecutor, or under the assignment of the person directing the
proceedings, such employee or prosecutor shall immediately inform
such person regarding for what such person is being detained, and
shall notify such person that he or she has the right to remain
silent, and that everything that such person says may be used
against him or her.
(2) If there are grounds to believe that a person to be
detained has a weapon, or that he or she may destroy, throw away,
or hide a piece of evidence located with such person, the
official who performs the detention may perform a search of the
person to be detained in conformity with the provisions of
Section 183, Paragraph two of this Law, indicating such search in
the detention protocol of the person.
(3) If there is a clear connection between a person and a
committed criminal offence for which a custodial sentence may be
imposed, and such person is located at the location where the
criminal offence was committed or flees from such site, or if a
search for the person regarding the committing of such criminal
offence has been announced, such person may be detained by anyone
and shall immediately be transferred to the nearest police
employee.
(4) In detaining an official of the Ministry of the Interior
system institution, the person directing the proceedings shall
without delay inform the relevant head of the Ministry of the
Interior system institution.
[17 May 2007; 20 December 2012]
Section 266. Procedural Drawing-Up
of Detention
(1) The official who has performed the detention of a person
shall immediately write a detention protocol at the site of the
detention of the person or after transfer of the detained person
to detention premises. A protocol shall indicate:
1) who has performed detention, when, and where;
2) the criminal offence regarding which the detention has
taken place;
3) who has been detained and why;
4) the condition of the detained person, his or her external
appearance, and his or her complaints regarding health;
5) his or her clothing;
6) whether or not a search of the person has been conducted,
and what was found;
7) what documents, objects, money, and other valuables the
detained person has;
8) the explanation provided by the detained person.
(2) A detained person shall be familiarised with a protocol,
the rights of a detained person shall be explained to him or her,
and he or she shall sign regarding such explanation in the
protocol.
(3) An investigating institution shall immediately transfer a
detention protocol to the person directing the proceedings, and a
copy of the detention protocol shall be sent to a prosecutor
within 24 hours.
(4) [7 October 2021]
[28 September 2005; 7 October 2021]
Section 267. Execution of
Detention
(1) Detention is the grounds for restricting the rights of a
person and permits to hold a person in specially equipped
premises of the police, determining restrictions on meeting and
communication, except for meeting with a defence counsel with
whom an agreement in the relevant criminal proceedings has been
entered into or who is providing State-ensured legal aid in the
particular criminal proceedings, or an advocate in order to enter
into an agreement upon request of the detained person, but for a
foreigner - also with a representative of the diplomatic or
consular mission of his or her country. A decision of an
investigating judge or of a court shall not be required for
restricting the rights of a person.
(2) A special law shall determine the procedures for the
holding of a detained person.
[18 February 2016; 11 June 2020]
Section 268. Term of Detention
(1) The person directing the proceedings shall without delay,
but not later than within 48 hours, decide on the recognition of
the detained person as a suspect or an accused and regarding the
application of a security measure.
(2) After recognition of the detained person as a suspect or
an accused and interrogation, if it is necessary, the person
directing the proceedings shall without delay decide on the
release of such person from a temporary place of detention if a
security measure has been applied, which is not related to the
deprivation of liberty.
(3) If the detained person has been recognised as a suspect or
an accused in case of necessity interrogated, but the security
measure selected by the person directing the proceedings is
related to the deprivation of liberty of the person, the person
may be located in a temporary place of detention up to the
conveyance of the person to an investigating judge, taking into
account the specified restriction of 48 hours from the moment of
the actual detention.
(4) If the detained person is recognised as a suspect or an
accused, then in order to ensure his or her conveyance to the
prosecutor or to the court for the completion of criminal
proceedings, the person may be located in a temporary place of
detention, taking into account the specified restriction of 48
hours from the moment of the actual detention.
[17 May 2007; 20 June 2018]
Section 269. Release of a Detained
Person
(1) A detained person shall be immediately released, if:
1) suspicions have not been confirmed that such person has
committed a criminal offence;
2) it has been ascertained that grounds and conditions for the
detention did not exist;
3) the application of a security measure related to
deprivation of liberty to the detained person is not
necessary;
4) the term of detention specified by law has expired;
5) an investigating judge has not applied a security measure
related to deprivation of liberty;
(2) A protocol regarding the release of a detained person in
which the grounds for, date and time of release are indicated
shall be prepared. Upon releasing the detained person, a copy of
the detention and release protocol shall be issued to him or
her.
[7 October 2021]
Section 270. Detention of Suspected
Persons, Accused or Persons against whom the Proceedings for the
Determination of Compulsory Measures of a Medical Nature are
Taking Place
(1) A suspected person or accused may be detained in order to
deliver him or her to the person directing the proceedings if a
search for him or her has been proclaimed in relation to the
commitment of such a criminal offence for which a custodial
punishment is provided, and a security measure related to
imprisonment has not been applied to such person.
(2) In order to ensure that a suspected person, accused or
person against whom the proceedings for the determination of
compulsory measures of a medical nature are taking place is
delivered to an investigating judge, the investigator or
prosecutor may detain such persons if:
1) a proposal regarding the application of such a security
measure that is related to the deprivation of liberty has been
prepared;
2) a decision has been taken on determination of an
expert-examination and a proposal regarding the placement of the
person in a medical treatment institution for the making of an
expert-examination has been prepared; or
3) a proposal has been prepared to place in a psychiatric
hospital the person against who the proceedings for the
determination of compulsory measures of a medical nature are
taking place.
(3) In the cases referred to in Paragraph one of this Section,
the fact of the detention of a suspected person or accused shall
be notified without delay to the institution of the person
directing the proceedings and it shall, not later than within 12
hours, ensure the delivery of the detained person to the person
directing the proceedings. If the person directing the
proceedings prepares a proposal regarding the application of such
a security measure which is related to the deprivation of
liberty, the person shall be delivered to an investigating judge
without delay, but not later than within 24 hours from the moment
of the actual detention.
(4) In the cases referred to in Paragraph two of this Section,
the detained person shall be delivered to an investigating judge
without delay, but not later than within 12 hours. For the person
who is detained according to the procedures laid down in
Paragraph two of this Section, during the detention investigative
actions may not be performed, except interrogation regarding the
circumstances, which are important in order to decide the issue
of the application or modification of compulsory measures.
(5) Detention, which is performed in the cases determined in
this Section, shall be completed in conformity with the
requirements of Section 266 of this Law. If the detention is
performed in the case provided for in Paragraph one of this
Section, the detention protocol shall indicate also the fact who
has proclaimed the search for the person.
(6) Detention in accordance with the procedures referred to in
this Section is not a repeated detention in one criminal
proceedings.
[17 May 2007; 20 December 2012; 7 October 2021]
Section 271. Arrest
(1) Arrest is the deprivation of the liberty of a person that
may be applied in the cases provided for by law to a suspect or
an accused with a decision of an investigating judge, or a court
ruling, before the entering into effect of a final ruling in
specific criminal proceedings, if there are grounds for placing
under arrest.
(2) The application of arrest shall be the grounds for a
restriction on the rights of a person, and shall allow the
holding of the person in an investigation prison or in specially
equipped police premises.
(3) A person arrested has the right, with a permission of the
person directing the proceedings, to meet and communicate with
other persons which shall be notified to the person arrested and
the place of imprisonment where the person arrested has been
placed. In pre-trial proceedings the decision of the person
directing the proceedings on refusal for the person arrested to
meet and communicate with other persons shall be subject to
appeal to the investigating judge. A permission of the person
directing the proceedings shall not be required in order to meet
with a defence counsel with whom an agreement in the particular
criminal proceedings has been entered into or who is providing
State-ensured legal aid in the particular criminal proceedings, a
representative of the diplomatic or consular mission of the
country of the foreigner, or the persons specified in the special
law that determines the procedures for holding under arrest. In
order to achieve the objective of criminal proceedings, the
person directing the proceedings may take the decision to
restrict meetings and communication for the persons specified in
the special law which determines the procedures for holding under
arrest. The decision of the person directing the proceedings to
restrict meetings and communication is subject to appeal to an
investigating judge. Submitting of a complaint shall not suspend
the execution of the decision.
(4) A special law shall determine the procedures for holding
under arrest.
[12 March 2009; 18 February 2016; 11 June 2020; 7 October
2021]
Section 272. Grounds for Placing
under Arrest
(1) Arrest may be applied only if specific information,
acquired in criminal proceedings, regarding facts causes
justified suspicions that a person has committed a criminal
offence for which a custodial punishment is provided in the law,
and the application of another security measure may not ensure
that the person will not commit another criminal offence, will
not hinder or will not avoid the pre-trial criminal proceedings,
court, or the execution of a judgment.
(2) Arrest may also be applied to a person being held on
suspicion of or accused of committing of an especially serious
crime if:
1) the crime was directed against a person's life or a minor,
or a person who was or is financially dependent or dependent in
another manner on the suspect or accused, or a person who was not
able to protect his or her interests due to age, illness, or
other reasons;
2) the person is a member of an organised criminal group;
3) one of the conditions referred to in Section 264, Paragraph
two, Clause 1 or 2 of this Law has been determined;
4) the person does not have a permanent place of residence in
Latvia.
(3) Arrest may be applied to a person being held on suspicion
of or accused of committing of an intentional crime within the
probationary supervision period.
(4) Grounds for arrest may be a judgement of a court on the
committing of a serious or especially serious crime for which a
custodial sentence has been imposed.
[12 March 2009; 20 December 2012]
Section 273. Grounds for the
Application of Arrest to Minors, Pregnant Women, and Women in the
Post-natal Period
(1) The provisions of Section 272 of this Law shall apply,
with the exceptions stipulated in such Section, to minors,
pregnant women, and women in the post-natal period up to one
year, and, if a woman is breastfeeding a child, during the entire
term of feeding.
(2) If a person referred to in Paragraph one of this Section
is held suspect or accused of committing a criminal offence,
arrest shall not be applied.
(3) If a person referred to in Paragraph one of this Section
is held suspect or accused of committing a crime through
negligence, arrest shall not be applied, except when such person
has performed actions under the influence of intoxicating
substances as a result of which the death of another person has
occurred.
(4) If a person referred to in Paragraph one of this Section
is held suspect or accused of committing of a less serious
intentional crime, arrest shall be applied only if one of the
following circumstances exists:
1) the relevant person has violated the provisions of another
compulsory measure or a security measure of correctional nature -
placement in a social correctional educational institution;
2) the person has committed a crime as a suspect or an accused
in the committing of an especially serious crime.
[20 December 2012]
Section 274. Procedures for the
Application of Arrest
(1) An investigating judge shall decide on the application of
arrest in pre-trial proceedings and until commencement of trial
in a court of first instance by examining a proposal of the
person directing the proceedings, but until the commencement of a
trial- a proposal of a prosecutor, hearing the views of the
relevant person, as well as examining case materials and
assessing the reasons and grounds for placing under arrest.
(2) A submitter of a proposal, the person whose arrest is
being decided, the defence counsel and representative thereof
shall participate in examination of a proposal. A supervising
prosecutor may participate in examination of a proposal. The
proposal may be examined without the presence of the person
regarding whose arrest is being decided if in accordance with a
physician's conclusion the participation thereof is not
permissible and if the defence counsel of the person participates
in the relevant procedural activity.
(3) If a submitter of a proposal may prove that the relevant
person avoids and hides from an investigation, criminal
prosecution or if a person is detained or arrested in a foreign
country, a matter may be decided in the absence of such person.
The participation of a defence counsel summoned to provide legal
assistance is mandatory.
(4) An investigating judge shall take one of the following
decisions in a closed court hearing, the course of which shall be
recorded in minutes:
1) a refusal to apply arrest;
2) a refusal to apply arrest, but a decision to apply house
arrest;
3) a refusal to apply arrest, but a decision to apply
placement in a social correctional educational institution;
4) a decision to apply arrest;
5) a decision to apply arrest and to determine the search for
a person.
(41) If an investigating judge withdraws arrest
applied earlier in cases provided for in Section 41, Paragraph
two of this Law or refuses to apply arrest, he or she shall
decide on the application of another security measure.
(5) An investigating judge shall justify arrest, or the
application of another security measure, in a decision with
specific considerations based on case materials.
(6) If an investigating judge does not agree to a proposal of
the person directing the proceedings and refuses the application
of arrest, his or her decision shall also indicate the motives
for the refusal.
(7) After announcement of a decision of an investigating
judge, the court shall immediately issue a copy of the complete
decision or a copy of the introductory and operative part of the
decision to the persons present at the court and within 24 hours
- a copy of the complete decision. The court shall, without
delay, provide a written translation of the complete decision to
the suspect or the accused who does not know the language in
which the decision has been written into the language that he or
she understands. Upon application of a security measure related
to deprivation of liberty the court shall immediately provide
information on the maximum number of months for which the liberty
of the person may be restricted during pre-trial proceedings.
[19 January 2006; 12 March 2009; 14 January 2010; 23 May
2013]
Section 275. Substitution of Arrest
with a Bail
(1) If an investigating judge or a higher-level court judge
determines that the grounds indicated in Section 272 of this Law
exist for the application of arrest, yet there also exist
conditions that testify regarding the possibility to apply a
bail, and if a person who conducts defence so requests, the
investigating judge may determine a term for arrest for one
month, simultaneously determining that arrest may be revoked if
the person pays the bail specified by the judge within such term.
A higher-level court judge is entitled to replace arrest with a
bail only then, if the defence has requested it to an
investigating judge.
(2) If a bail is paid within one month, and if a document
certifying payment, as well as a written notice regarding the
origin of the bail paid containing information regarding the
persons who have granted resources for payment of the bail, and
the amount of the money granted is submitted to an investigating
judge, the judge shall take a decision on change of security
measure. On the basis of such decision, a person shall be
immediately released from arrest.
(3) If a bail is not paid, the matter regarding an extension
of the term of arrest shall be decided in accordance with the
procedures laid down in Section 274 of this Law.
[12 March 2009; 18 February 2016]
Section 276. Application of Arrest
after Commencement of a Trial
After commencement of a trial, the court that examines the
case shall apply arrest upon its initiative or on the basis of a
proposal of a public prosecutor, complying with the provisions of
Sections 272-275 of this Law.
[19 January 2006]
Section 277. Terms of Arrest
(1) A person may be held under arrest only so long as is
necessary for the ensuring of the normal progress of proceedings,
but not longer than is allowed for by this Law for the criminal
offence indicated in a decision to recognise such person as a
suspect or the holding of such person criminally liable.
(2) The total term of holding under arrest shall include the
term that a person has spent in detention, under arrest, or in
another location of the execution of a compulsory measure related
to deprivation of liberty, but shall not include the term that a
person has spent under arrest in another country in connection
with the transfer of criminal proceedings or the extradition of
such person.
(3) The term of arrest during pre-trial proceedings shall
include the term referred to in Paragraph two of this Section up
to the transfer of the case to the Court Registry, but the term
of arrest during a trial shall be counted from the drawing up of
the full ruling of a court of first instance. If an appellate or
cassation court has revoked a judgment of conviction and sent the
case for an examination de novo in a court of first instance, the
time period from pronouncement of a ruling of the appellate or
cassation court until drawing up of a full ruling of the court of
first instance shall also be included in the term of arrest.
(4) The term of arrest for a person who is suspected of, or
accused of, the committing of a criminal violation shall not
exceed 30 days, of which the person shall be permitted to be held
under arrest during pre-trial proceedings not longer than 20
days.
(5) The term of arrest for a person who is suspected of, or
accused of, the committing of a less serious crime shall not
exceed nine months, of which the person shall be permitted to be
held under arrest during pre-trial proceedings not longer than
four months.
(51) The term of arrest for a person who is
suspected of, or accused of, the committing of a less serious
crime against sexual inviolability and morals, if it has been
committed against a minor, shall not exceed 12 months, of which
the person shall be permitted to be held under arrest during
pre-trial proceedings not longer than six months. The
investigating judge in pre-trial proceedings and a higher-level
court judge during a trial may extend the term by one more month,
if the person directing the proceedings has not allowed for
unjustified delay, or if the person who conducts defence has
intentionally delayed the progress of proceedings, or if the
faster completion of proceedings has not been possible due to the
particular complexity thereof.
(6) The term of arrest for a person who is suspected of, or
accused of, the committing of a serious crime shall not exceed 12
months, of which the person shall be permitted to be held under
arrest during pre-trial proceedings not longer than six months.
Both an investigating judge in pre-trial proceedings and a
higher-level court judge during a trial may extend the term by
three more months, if the person directing the proceedings has
not allowed for unjustified delay, or if the person who conducts
defence has intentionally delayed the progress of proceedings, or
if the faster completion of proceedings has not been possible due
to the particular complexity thereof.
(7) The term of arrest for a person who is suspected of, or
accused of, the committing of an especially serious crime shall
not exceed 24 months, of which the person shall be permitted to
be held under arrest during pre-trial proceedings not longer than
15 months. Both an investigating judge in pre-trial proceedings
and a higher-level court judge during a trial may extend the term
by three more months, if the person directing the proceedings has
not allowed for unjustified delay, or if the person who conducts
defence has intentionally delayed the progress of proceedings, or
if the faster completion of proceedings has not been possible due
to the particular complexity thereof. A higher-level court judge
may extend such term by three more months, if the person
directing the proceedings has not allowed for unjustified delay,
and public security may not be guaranteed with the application of
another security measure.
(8) The issue of extending the term of arrest shall be
examined by a judge of a higher level court in a closed court
hearing, providing an opportunity for the person whose arrest is
being decided, his or her defence counsel and representative, as
well the prosecutor to express their views. The decision shall
not be subject to appeal.
(9) If a person to whom a security measure related to
deprivation of liberty commits a new criminal offence during
criminal proceedings, for which a custodial punishment is
provided in the law, arrest may be imposed on such person as a
security measure. In such cases, the term of arrest shall be
determined as for a new criminal offence.
(10) A person arrested shall be immediately released if the
term of arrest exceeds the maximum term determined in the
Criminal Law for a custodial sentence that a court may impose for
the criminal offence regarding the committing of which such
person has been accused, but after judgment of conviction - if
the sentence imposed by the court has expired.
(11) If the procedural decision has an impact on the term of
arrest, the person directing the proceedings shall notify thereof
the institution in which a person is held under arrest and the
person who has been applied the security measure related to
deprivation of liberty.
[28 September 2005; 19 January 2006; 12 March 2009; 24 May
2012; 20 December 2012; 23 May 2013]
Section 278. Terms of Arrest for
Minors
(1) The term of arrest for a minor who has been applied arrest
in conformity with Section 273, Paragraph four of this Law shall
not exceed 30 days, of which the minor shall be permitted to be
held under arrest during pre-trial proceedings not longer than 20
days.
(2) The term of arrest for a minor who has been applied arrest
in conformity with Section 273, Paragraph three of this Law shall
not exceed three months, of which the minor shall be permitted to
be held under arrest during pre-trial proceedings not longer than
two months.
(3) The term of arrest for a minor who is suspected of, or
accused of, the committing of a serious crime shall not exceed
six months, of which the minor shall be permitted to be held
under arrest during pre-trial proceedings not longer than three
months. An investigating judge during pre-trial proceedings and a
judge of a higher level court may each extend the term for one
month during trial, if the person directing the proceedings has
not allowed for a delay, or the faster completion of the
proceedings has not been possible due to the particular
complexity of such proceedings.
(4) The term of arrest for a minor who is suspected of, or
accused of, the committing of an especially serious crime shall
not exceed 12 months, of which the minor shall be permitted to be
held under arrest during pre-trial proceedings not longer than
eight months. An investigating judge during pre-trial proceedings
and a judge of a higher level court may each extend the term for
three months during trial, if the person directing the
proceedings has not allowed for an unjustified delay, or the
person who conducts defence has not intentionally delayed the
course of proceedings, or the faster completion of the
proceedings has not been possible due to the particular
complexity of such proceedings.
[20 December 2012]
Section 279. Terms of Arrest for
Suspects
(1) A suspect shall be held under arrest until being held
criminally liable for not longer than half of the term of arrest
allowed for in pre-trial proceedings.
(2) A supervising prosecutor may permit an investigating
institution to exceed the term referred to in Paragraph one of
this Section, yet by not longer than half of the remaining term
of arrest during pre-trial proceedings specified in Sections 277
and 278 of this Law.
[20 December 2012]
Section 280. Repeated Proposal
Regarding the Application of Arrest
If an investigating judge has not applied arrest, the person
directing the proceedings may repeatedly propose such matter
if:
1) a new prosecution regarding the committing of a more
serious criminal offence has been brought against, and issued to,
a person;
2) a person has violated the provision of an applied security
measure;
3) evidence has been acquired regarding attempts to illegally
influence a person testifying;
4) a person has destroyed or has attempted to destroy traces
of a criminal offence;
5) materials obtained in a pre-trial criminal proceedings
cause justified suspicions that a person has committed an
intentional criminal offence, or intends to evade a pre-trial
criminal proceedings or court.
[12 March 2009]
Section 281. Control over the
Application of Arrest
(1) [19 January 2006]
(2) A person arrested, his or her representative or defence
counsel may, at any time, submit an application to an
investigating judge or - after commencement of a trial - to a
court of first instance regarding an assessment of the necessity
of a subsequent application of arrest. The application shall be
examined, and a decision taken by the investigating judge in
accordance with the procedures laid down in Section 274 of this
Law, but by a court - in a court hearing in accordance with the
procedures by which the submitted requests are decided.
(3) An application for an assessment of the necessity of a
subsequent application of arrest may be refused without an
examination thereof in oral proceedings, if less than two months
have passed since the last assessment of the necessity of the
application of arrest, and the application is not justified with
information on the facts that were not known to the investigating
judge or court when deciding on the application of arrest or
during the previous examination of the application. A court of
first instance shall examine an application in a written
procedure without participation of persons involved in the
procedure.
(4) If, concerning the applied arrest, a person arrested, or
his or her representative or defence counsel has not submitted,
within two months, an application regarding an assessment of the
necessity of a subsequent application of arrest, such assessment
shall be performed by an investigating judge. A court of first
instance shall, after commencement of trial of a case, perform
the assessment when the trial is suspended or an interruption is
announced for a term more than two months.
(5) An application regarding cancellation or amending of
arrest, or an assessment of the necessity of a subsequent
application of arrest after transfer of a case to the appellate
court until the commencement of trial may be submitted only then
if:
1) such health or family conditions have arisen which may be
the grounds for cancellation or amending of arrest, and such
facts are attested by documents;
2) the commencement of trial of a case is specified for a
time, which is more than two months after receipt of the case in
a court.
(51) The application referred to in Paragraph five
of this Section shall be examined by a judge of the court of
appeals in a written procedure within three working days.
Examination of the application shall not be the grounds for the
submission of a recusation to a judge.
(52) If, after commencement of the trial of a case,
the trial of a case on the court of appeals is suspended or an
interruption is announced for a term more than two months, the
court of appeals shall concurrently assess the necessity of a
subsequent application of arrest.
(6) The decisions provided for in this Section shall not be
subject to appeal.
[19 January 2006; 12 March 2009; 24 May 2012; 20 June
2018]
Section 282. House Arrest
(1) House arrest is the deprivation of liberty of a person
that may be applied with a decision of an investigating judge, or
a court ruling to a suspect or accused before the entering into
effect of a final ruling in specific criminal proceedings, if
there are grounds for the application of arrest, yet the holding
under arrest of the person is not desirable or not possible due
to special circumstances.
(2) A person may be held under house arrest in the permanent
place of residence thereof, if the persons of legal age living
together with the relevant person agree to such house arrest in
the permanent place of residence.
(3) House arrest shall be applied, complaints regarding the
application thereof shall be examined, and control over the
application thereof shall be performed in accordance with the
same procedures as regarding arrest.
(4) An investigating judge or a court shall, after assessment
of a proposal of the investigator or prosecutor and listening to
the opinion of a person held under house arrest, as well as
taking into account the nature of the criminal offence, the
reasons for application of a security measure and special
circumstances why house arrest has been applied, determine:
1) the address where a person shall reside during house
arrest;
2) restrictions on meetings, except meetings with a defence
counsel and persons living at the relevant address, and
communication;
3) control of correspondence and conversations;
4) the necessity of guarding at the particular address, as
well as during movement of a person to a place of occurrence of
the procedural actions.
(5) If necessary, a person held under house arrest may be
protected, control over the restriction specified for such person
may be assigned to the police, and the correspondence and means
of communications of person living together with such person may
be subjected to control.
(6) Terms of arrest shall be applied to house arrest, and the
time spent under house arrest shall be recognised as time spent
under arrest, in accordance with the determined in the Criminal
Law.
[12 March 2009]
Section 283. Placement in a Medical
Institution for the Performance of an Expert-examination
(1) A suspect, accused, or the person in relation to whom
proceedings have been initiated for the determination of
compulsory measures of a medical nature may be forcibly placed in
a medical institution for the performance of an
expert-examination, if the research necessary in a forensic or
court psychiatric expert-examination for the solving of matters
significant to the case can be performed only under medical
in-patient conditions.
(2) A person may be placed in a medical institution for the
performance of an expert-examination, on the basis of a decision
of an investigating judge or court decision, only if a decision
has also been taken on determination of the relevant
expert-examination.
(3) Placement in a medical institution for the performance of
an expert-examination shall be applied, complaints regarding the
application thereof shall be examined, and control over the
application thereof shall be performed in accordance with the
same procedures as regarding arrest. The participation of a
person in the deciding of a matter related to a procedural
compulsory measure shall be compulsory, except when according to
a decision of a physician (expert) such participation is not
allowed or not recommended due to the health condition of the
person, and if the defence counsel of the person participates in
the respective procedural action.
(4) The restrictions provided for in Section 271, Paragraph
three of this Law may be applied to a person placed in a medical
institution.
(5) It may be indicated in a decision on placement of a person
in a medical institution, that a security measure selected
previously shall remain in force after an expert-examination.
[12 March 2009; 29 May 2014]
Section 284. Term Spent in a Medical
Institution for the Performance of an Expert-examination
(1) A person placed forcibly may be located in a medical
institution for the term necessary for the performance of an
expert-examination, yet not longer than the maximum term of
arrest in pre-trial proceedings specified for the relevant
criminal offence category.
(2) The term spent in a medical institution for the
performance of a compulsory expert-examination shall also be
included in the term of arrest if arrest has not been selected as
a security measure for a person.
Section 285. Placement of a Minor in
a Social Correctional Educational Institution
(1) The placement of a minor in a social correctional
educational institution is the deprivation of liberty of a person
that may be applied with a decision of an investigating judge, or
a court ruling before the entering into effect of a final ruling
in specific criminal proceedings, if the holding under arrest of
a suspect, or an accused, who is a minor is not necessary, yet
there is insufficient conviction that the minor will fulfil his
or her procedural duties, and will not commit new criminal
offences, while at liberty.
(2) Placement in a social correctional educational institution
shall take place in accordance with the same procedures, with the
same conditions, up until the same terms, and with the same
procedures for appeal and control as in the case of arrest. The
term spent in the social correctional educational institution
shall be included as time spent under arrest, counting one day
spent in the institution as one day spent under arrest.
Section 286. Appeal of an
Application of a Compulsory Measure Related to Deprivation of
Liberty
(1) In pre-trial proceedings and until the commencement of
trial in a court of first instance, a person on whom a compulsory
measure, excluding detention, related to deprivation of liberty
has been imposed, the representative or defence counsel thereof,
and a prosecutor may submit a complaint regarding a decision of
an investigating judge within seven days after receipt of a copy
of a decision taken on the imposition of such compulsory measure
or a refusal to apply such security measure. The judge shall send
his or her decision to a regional court together with the
submitted complaint not later than the next working day.
(2) If an investigator submits a proposal regarding the
application of a compulsory measure, but an investigating judge
has refused the application thereof, the investigator may submit
a complaint regarding a decision of the investigating judge only
with the consent of the supervising prosecutor.
(3) If a compulsory measure related to the deprivation of
liberty is applied to a person after commencement of trial, and
the next court hearing is not provided for during the next 14
days, such person, or the representative or defence counsel
thereof, may appeal this decision to a higher-level court
submitting a complaint to the court which took the decision.
(4) If a compulsory measure related to deprivation of liberty
is applied to a person in the absence thereof, such person has
the right to appeal the relevant decision within seven days from
the moment when such person learned of the application of the
compulsory measure.
(5) If a compulsory measure related to deprivation of liberty
is applied to a person who does not know the official language,
the term intended for appealing of the ruling shall be counted
from the date on which the translation of the decision in a
language comprehensible to such person was issued to him or
her.
[12 March 2009; 23 May 2013]
Section 287. Procedures for
Examination of Complaints
(1) A judge of a higher level court shall examine a complaint
regarding the application of a compulsory measure related to the
deprivation of liberty, or regarding a refusal to apply such
security measure, in a closed court hearing within seven days
from the day of the receipt of the relevant decision and
complaint.
(2) A complaint shall be examined giving the person to whom a
compulsory measure has been applied a possibility to express his
or her opinion, as well as listening to the representative or
defence counsel thereof. A judge may request the necessary case
materials. If a court has not decided regarding the compulsory
measure, the person directing the proceedings shall also be
listened to.
(3) A judge shall take one of the following decisions:
1) to reject a complaint and leave an appealed decision in
effect;
2) to satisfy a complaint, revoke an appealed decision, and,
accordingly, apply a compulsory measure proposed by the person
directing the proceedings or refuse the application thereof.
(4) A judge shall substantiate the taking of a decision in his
or her decision, indicating the reasons and grounds specified in
this Law or the non-existence thereof. A copy of a decision shall
be sent within 24 hours to the person to whom the security
measure being decided has been applied, the person who submitted
the complaint, the institution which fulfils the decision, as
well as the investigating judge, if a decision taken by him or
her has been appealed. The decision together with a complaint
shall be sent to the person directing the proceedings.
(5) A decision shall not be subject to appeal.
[12 March 2009]
Chapter 16 Procedural
Sanctions
Section 288. Concept of Procedural
Sanctions
Procedural sanctions are compulsory measures that the person
directing the proceedings or an investigating judge may apply to
a person who does not fulfil the procedural duties provided for
by law, interferes with the performance of a procedural action,
or does not show respect to the court.
Section 289. Grounds for the
Application of Procedural Sanctions
(1) A procedural sanction regarding the following may be
applied to a person involved in criminal proceedings or another
person:
1) the non-execution of a procedural duty provided for by law
and specified by the person directing the proceedings;
2) disturbing the progress of a procedural action;
3) repeated failure to arrive, without a justified reason, on
the basis of a summons of the person directing the
proceedings;
4) failure to notify regarding inability to arrive on the
basis of a summons of the person directing the proceedings, if
such ability existed;
5) delay of a person involved in criminal proceedings in
fulfilling his or her procedural duty.
(2) The application of procedural sanctions shall not
discharge a person from the execution of a procedural duty, as
well as shall not exclude the possibility of applying the
procedural compulsory measure provided for by law.
(3) If the content of an administrative offence or a criminal
offence is at the disposal of a person referred to in Paragraph
one of this Section, such person may be held administratively
liable or criminally liable.
Section 290. Types of Procedural
Sanctions
(1) The following procedural sanctions may be applied to a
person who has violated the procedures laid down in the law:
1) a warning;
2) a fine;
3) expulsion from the court room;
(2) Expulsion from the court room may not be applied to an
advocate and prosecutor. The Council of Sworn Advocates or the
Office of the Prosecutor General shall be notified accordingly of
their violation.
[19 November 2020]
Section 291. Warning
(1) The person directing the proceedings may issue a warning
to a person who interferes with the procedures laid down in
criminal proceedings, or who treats the execution of his or her
procedural duty carelessly.
(2) A warning may be issued orally or in writing.
Section 292. Fine
A fine up to the amount of three minimal monthly wages
specified in the Republic of Latvia may be applied upon a person
who interferes with the procedures laid down in criminal
proceedings or ignores the requirements of the person directing
the proceedings, if this Law does not specify otherwise.
[11 June 2020]
Section 293. Application of a
Fine
(1) An investigator or prosecutor who has determined an
interference with procedures or a procedural violation shall
write a protocol regarding such interference or violation, and
shall immediately send such protocol to the investigating judge
for the taking of a decision to apply a fine. If the fact of the
violation is certified by the documents, they shall be attached
to a protocol.
(2) After receipt of a protocol, the investigating judge shall
take the decision not later than on the next working day and
shall send its copy to the person on whom a fine has been imposed
without delay, and also to the person directing the proceedings,
if a fine has not been imposed.
(3) If a violation is found during a court hearing, the
chairperson of the court hearing shall define the nature of the
violation, which shall be entered in the minutes of the court
hearing, notify the operative part of the decision to impose a
procedural sanction, and explain to the punished person his or
her right to receive a copy of the entire decision in court not
later than on the next working day, as well as his or her right
to submit a request, within 10 days, for the release from payment
of the fine or reduction of its amount.
(4) A decision of the investigating judge and court shall not
be subject to appeal.
[12 March 2009; 24 May 2012; 27 September 2018]
Section 294. Examination of a
Request Regarding Release from Payment of a Fine or Reduction of
the Amount Thereof
(1) A person upon whom a fine has been applied may, within 10
days after receipt of a copy of the decision to apply a fine,
request that he or she is released from payment of the fine or
the amount thereof is reduced. A request for the decision of the
investigating judge shall be submitted to the chairperson of the
district (city) court, and for a court decision - to the same
court which imposed the fine.
(2) A request shall be examined within 10 days in a written
procedure. The decision taken shall not be subject to appeal.
[24 May 2012]
Section 295. Fulfilment of a
Fine
(1) If a person upon whom a fine has been applied has not
submitted a request to release from payment of the fine or to
reduce the amount thereof, or if the submitted request has been
rejected, such person has a duty to voluntarily pay such money
within 10 days after notification of the decision or rejection of
the request.
(2) In the case of a voluntary non-execution of a decision,
such decision shall be sent to a sworn bailiff for compulsory
execution.
(3) A fine applied on an official shall be paid by him or her
from his or her personal funds.
[24 May 2012]
Section 296. Expulsion from a Court
Room
(1) The chairperson of a court hearing may expel from the
court room a person who interferes with procedures during the
court hearing and does not fulfil an order of the judge. A note
regarding such expulsion shall be made in the minutes of the
court hearing.
(2) An accused and a victim may be expelled from a court room
with a decision of the court, if he or she repeatedly and
substantially interferes with procedures. In the case of an
expulsion of an accused, a court hearing may be continued if a
court decides that the participation of an accused in the court
hearing is not compulsorily necessary, and, in addition, only so
long as there are grounds to believe that the accused may
continue to interfere with procedures in the court hearing.
(3) A fine may be applied to a person, except for an accused,
simultaneously with expulsion from a court room.
[12 March 2009]
Section 297. Consequences of
Expulsion from a Court Room
(1) If an accused, or victim, who has been expelled from a
court room is allowed to continue participating in a court
hearing, the chairperson of the court hearing shall acquaint such
person with the procedural actions that have been fulfilled
during the term of the expulsion thereof.
(2) If an accused who does not have a defence counsel is
expelled from a court room, he or she shall be ensured with the
opportunity to participate in court debates. In all cases, he or
she shall be given the opportunity to say the last word.
(3) A decision on expulsion from a court room may be appealed
only together with an appeal of a final ruling made by a
court.
[12 March 2009; 21 October 2010]
Section 298. Appeal of an Expulsion
from a Court Room
[19 January 2006]
Division Four
Special Procedural Protection
Chapter 17 Special Procedural
Protection
Section 299. Content of Special
Procedural Protection
Special procedural action is the protection of the life,
health, and other lawful interests of a victim, witness, and
other persons who testify or have testified in criminal
proceedings regarding serious or especially serious crimes, as
well as of a minor who testifies regarding the crimes provided
for in Sections 161, 162, and 174 of the Criminal Law, and of a
person the threat to whom may influence the referred to persons
(hereinafter in this Chapter - the threatened person).
Section 300. Reason and Grounds for
Special Procedural Protection
(1) The grounds for special procedural protection shall be a
real threat to the life, health or property of a person,
expressed real threats, or information that provides sufficient
grounds for the person directing the proceedings to believe that
a threat may be real in connection with the testimony provided by
such person.
(2) A written submission of a threatened person, or the
representative or defence counsel thereof, if a threatened person
agrees to it and a proposal of the person directing the
proceedings shall be the grounds for the determination of special
procedural protection.
[12 March 2009]
Section 301. Procedures for
Examination of a Submission Regarding Determination of Special
Procedural Protection
(1) A written submission regarding the necessity to determine
special procedural protection shall be submitted to the person
directing the proceedings.
(2) The person directing the proceedings shall:
1) ascertain whether grounds exist for the special procedural
protection of a person;
2) examine the personal identity of a submitter, and other
conditions;
3) decide on the necessity to determine special procedural
protection, or regarding rejection of a received submission.
(3) If the person directing the proceedings recognises the
determination of special procedural protection as necessary, he
or she shall submit the proposal thereof to the Prosecutor
General for the taking of a decision to determine special
procedural protection.
(4) During trial of a case, a threatened person shall submit a
submission regarding the determination of special procedural
protection to the court, which shall examine such submission
itself or assign a prosecutor to examine such submission.
Section 302. Proposal of the Person
Directing the Proceedings Regarding the Determination of Special
Procedural Protection
A proposal of the person directing the proceedings regarding
the determination of special procedural protection shall
indicate:
1) the identifying data, citizenship, place of residence and
employment, education, marital status, dependants, and
information regarding the criminal record of the threatened
person;
2) the content and date of receipt of the submission;
3) the results of an examination of the submission, and
materials that certify the necessity to determine special
procedural protection;
4) conclusions regarding the necessity to determine special
procedural protection.
[12 March 2009; 7 October 2021]
Section 303. Recognition of a Person
as Requiring Special Procedural Protection
(1) Having become familiarised with a submission, a proposal
of the person directing the proceedings, and materials of
criminal case, and, if necessary, having listened to a threatened
person, and the representative or defence counsel thereof, the
Prosecutor General shall take a decision to determine special
procedural protection, or, with a decision thereof, shall refuse
to determine special procedural protection for a person.
(2) If a person has submitted to a court a submission
regarding the necessity to determine special procedural
protection for him or her, the court shall take a decision to
determine such protection. The court may also take such decision
upon its initiative, if the necessity has come about, during the
process of trial, to put a person under special procedural
protection, and the person has agreed to such protection.
(3) If the hiding of the identity of a person is necessary, a
decision of the Prosecutor General shall indicate that the
identity data of the person shall be substituted with a
pseudonym.
(4) If a decision provides for the hiding of the identity of a
person, the person directing the proceedings shall rewrite all
the documents, previously written in the criminal proceedings,
wherein the identity of such person has been recorded, changing
only the identity data of the person as provided for by the
decision. The originals of the documents shall be removed from
the criminal case and stored together with the decision to
determine special procedural protection, and only the persons
directing the proceedings in such criminal proceedings and the
prosecutor specially authorised by the Prosecutor General may
familiarise themselves with such documents.
Section 304. Decision to Determine
Special Procedural Protection or a Refusal to Determine such
Protection
(1) A decision to determine special procedural protection
shall be taken immediately, insofar as possible, but not later
than within 10 days.
(2) A decision shall indicate the institution and official to
which the execution of the decision has been assigned, as well as
may indicate the protection measures to be applied.
(3) The decision referred to in Paragraph one of this Section
shall not be attached to a criminal case, but a statement
regarding the taking of such decision shall be attached to the
criminal case.
(4) In taking a decision to refuse to recognise a person as
requiring special procedural protection, the motivation for the
refusal shall indicated.
Section 305. Execution of a Decision
on Special Procedural Protection
(1) After taking of a decision, the person directing the
proceedings shall:
1) familiarise the person to be protected with the taken
decision;
2) explain the right to appeal such decision;
3) explain the rights and duties of the person to be
protected;
4) inform the person to be protected whose personal identity
data have been substituted with a pseudonym regarding the use of
such pseudonym in procedural documents, and regarding the fact
that the liability in acting with a pseudonym is the same as in
acting with his or her identity data. The person shall sign
regarding such informing, and provide a sample signature of his
or her pseudonym.
(2) If only the criminal procedural resources referred to in
Sections 308 and 309 of this Law ensure the special procedural
protection of a person, the person directing the proceedings
shall fulfil a decision in accordance with the procedures laid
down in this Law.
(3) If measures referred to in a special law also ensure the
special procedural protection of a person, the person directing
the proceedings shall send a decision to a special protection
institution for execution, and the execution thereof shall take
place in accordance with the procedures laid down in the special
law.
(4) In transferring a criminal case from one person directing
the proceedings to another, the person directing the proceedings
in the records of whom the criminal case is located shall
familiarise the new person directing the proceedings with a
decision and materials regarding the determination of special
procedural protection.
(5) A decision to determine special procedural protection, the
submission of a person, the examination materials thereof, a
proposal of the person directing the proceedings, and other
materials that apply to the determination and actualisation of
special procedural protection shall not be attached to a criminal
case, but shall be stored in accordance with the provision for
the storage of documents containing an official secret.
Section 306. Rights and Duties of a
Defence Counsel and other Persons
Neither a defence counsel, nor other persons who participate
in criminal proceedings and who have knowledge, in connection
with the execution of the procedural duties thereof, of the
determination of special procedural protection have the right to
disclose information regarding a person under special procedural
protection, and the measures for the protection of such
person.
Section 307. Rights and Duties of a
Protected Person
A person who has been recognised as requiring special
procedural protection has the rights and duties of a protected
person specified in a special law.
Section 308. Special Features of the
Course of Procedural Actions in Pre-trial Proceedings
(1) A person for whom special procedural protection has been
determined shall be summoned to an interrogation through the
intermediation of a special protection institution.
(2) In recording in documents procedural actions wherein a
protected person participates for whom personal identity data has
been supplemented with a pseudonym, the person directing the
proceedings shall only indicate a pseudonym in place of the
identity data of such person. If an indication of the address of
the receipt of a consignment is necessary, the address of a
special protection institution shall be indicated.
(3) In performing procedural actions wherein several persons
participate and wherein the prevention of the possibility of
identifying a person under special procedural protection is
necessary, technical means that do not allow for an
identification of such person shall be used. Persons under
protection have the right to not answer questions, if the answers
may provide the opportunity to determine the identity
thereof.
(31) An official, who performs protection measures
for a person involved in the criminal proceedings not exceeding
his or her powers, has the right to be present in procedural
actions which are performed with a person under special
procedural protection.
(4) With the consent of the Prosecutor General, criminal
proceedings against an accused for whom special procedural
protection has been determined may be isolated in separate
records.
(5) The address of a special protection institution shall be
indicated instead of the address of a person under special
procedural protection in the list of persons to be summoned to a
court hearing. Only the pseudonym of a person whose personal
identity data have been substituted with a pseudonym, and the
address of a special protection institution, shall be
entered.
[12 March 2009]
Section 309. Special Features of
Trial
(1) A criminal case wherein a person has been recognised as
requiring special procedural protection shall be examined in a
closed court hearing.
(2) If necessary, a protected person may participate in a
court hearing by using technical means, complying with the
procedures laid down in Section 140 of this Law, if the person
himself or herself is located outside of the court room.
(3) A person whose personal identity data have been
substituted with a pseudonym in criminal proceedings has the
right to not testify in court, if there are grounds to believe
that the security of such person is threatened. Such person shall
not be held criminally liable regarding the refusal to testify in
court. In such case, the testimony provided in pre-trial
proceedings by the person whose personal identity data has been
substituted with a pseudonym shall not be read in a court
hearing, and such testimony may not be used as evidence in the
case.
(4) If a person whose personal identity data has been
substituted with a pseudonym in criminal proceedings provides
testimony in court using technical means in order not to allow
for the possibility of identifying such person, visual or
acoustic disturbances shall be created, ensuring the court with
the possibility to see and hear such person without the referred
to disturbances. Persons under protection have the right to not
answer questions, if the answers may provide the opportunity to
determine the identity thereof.
(5) If necessary, a person whose identity is being hidden may
be interrogated by court in a separate room, ensuring the ability
to hear the provided testimony in the court room, as well as the
possibility to ask the person questions and hear the answers.
(6) If the identity data of a person whose data is being
substituted in criminal proceedings with a pseudonym has been
disclosed in a court hearing, the Prosecutor General shall
assign, with a decision thereof, a special protection institution
to take the protection measures of such person specified in a
special law.
[12 March 2009]
Section 310. Termination of Special
Procedural Protection
(1) The special procedural protection of a person shall be
terminated with a decision of the Prosecutor General, or a court
decision, at any moment, if:
1) the grounds for protection have ceased;
2) the person has refused protection; or
3) the actions of the person have made protection
impossible.
(2) If a protected person refuses protection, such person
shall submit a written submission regarding such refusal to the
person directing the proceedings, who shall transfer such
submission for deciding to the persons referred to in Paragraph
one of this Section.
(3) A decision to terminate special procedural protection
shall be stored together with other materials that apply to
special procedural protection.
Section 311. Non-utilisation of the
Testimony of a Protected Person
If the measures to be taken cannot guarantee the security of a
protected person, the Prosecutor General, or the court that
determined protection, shall take the decision, on the basis of a
proposal of the person directing the proceedings, to not use the
testimony of such person as evidence in the criminal case.
Division Five
Procedural Terms and Documents
Chapter 18 Procedural Terms
Section 312. Procedural Term
A procedural term is the term (or moment) specified in
accordance with the procedures provided for in this Law during
which (or with the commencement of which) persons involved in
criminal proceedings have a duty or the right to perform specific
operations, or to refrain from the performance of such
operations.
Section 313. Commencement of a
Procedural Term
(1) If a procedural term determines the performance of a
procedural action before or after another procedural action, or
in connection with the entering into effect of an event specified
in this Law, or simultaneously with another procedural action,
then such procedural term shall be related to a specific event,
and the provisions for the calculation of terms specified in
Section 314 of this Law shall not apply to such procedural
term.
(2) The commencement of a procedural term specified in hours,
days, or months shall be indicated in this Law, but if such
commencement has not been indicated, the moment when the
criminal-procedural relations are established on account of which
the term is being specified shall be recognised as the
commencement of the term.
(3) The moment when a person involved in proceedings learns
of, or, complying with a report specified by law and made in an
appropriate manner, had to learn of, the occurrence of a specific
procedural right or duty shall be recognised as the moment of the
establishment of criminal-procedural relations.
(4) A procedural term intended for appeal of rulings made
shall be commenced to count from a day of availability of a
ruling, but in cases when the day of availability is not
determined, from the day when a person involved in proceedings
has received a copy of the ruling or a notification regarding
making of the ruling.
(5) In cases when a person involved in proceedings is notified
regarding arising of procedural rights or obligations via post or
messenger (courier), the commencement of a procedural term shall
be established in accordance with what is specified in Chapter 22
of this Law.
[12 March 2009]
Section 314. Calculation of
Procedural Terms
(1) In calculating a term specified in hours or days, the hour
or day on which the term begins shall not be taken into account.
The next hour or day shall be recognised as the beginning of the
calculation of the term. The term shall end by the running out of
the last full hour of the relevant period, if the term has been
specified in hours, or by the running out of the last day, if the
term has been specified in days.
(2) A term specified in months shall end on the relevant date
of the last month, but if the month does not have a relevant
date, the term shall end on the last date of the relevant
month.
(3) If the end of a term does not fall on a working day, the
next working day shall be recognised as the last day of the
term.
(4) If a term applies to the deprivation or restriction of the
rights of a person, the actual moment of the deprivation or
restriction of rights shall be recognised as the beginning of
such term, and the actual moment (hour or day) of the termination
of the term specified in a decision or law shall be recognised as
the end of the term.
Section 315. Operation in Time of
Procedural Terms
(1) A term has been observed if a procedural action was
performed until the end of the specified term or if the relevant
document was transferred until the end of the specified term to a
person who has the right or is authorised to receive such
document, or if the document was transferred to the post until
the end of the specified term, and the fact of transferral was
certified accordingly.
(2) A term has been observed if a person who is being held
under arrest or in a medical institution has transferred the
relevant document to the administration of the place of arrest or
medical institution until the end of the specific term.
(3) The missing of the term determining the enforcement of
rights without a good reason shall cause the termination of such
rights.
(4) The missing of the term determining the execution of
procedural duties shall not discharge from the execution of a
duty, and the relevant procedural duty shall be fulfilled in
accordance with the procedures laid down in the law.
Section 316. Extension of a
Procedural Term
(1) Only the procedural terms in relation to which this Law
has a special reservation regarding the possibility of the
extension thereof shall be extended.
(2) If this Law does not determine otherwise, the matter
regarding the extension of a term shall be decided not later than
five days before the end of the relevant term in a written
procedure, on the basis of the submission of a person directing
the procedures or an interested person, and presented materials
that have been submitted not later than seven days before the end
of the term.
(3) In examining a submission regarding the extension of a
term, a decision shall be taken to extend the term or to refuse
to extend the term.
(4) A decision to extend a term or to refuse to extend a term
shall indicate the justification for why the term is or is not
being extended. Such decision shall indicate the time for which
the term is being extended, or the time up until which the term
is being extended.
(5) In extending terms, the procedures for the calculation of
procedural terms specified in Section 314 of this Law shall be
complied with.
[12 March 2009]
Section 317. Renewal of Delayed
Procedural Term
(1) An interested person who has missed the term specified for
the enforcement of rights due to a justifying reason has the
right to submit a submission for the renewal of such term. The
submission shall indicate the reasons why the term was missed,
and documents that certify the justification for the delay of the
term shall be attached to such submission.
(2) The submission of an interested person regarding renewal
of a delayed term, except for a request for the renewal of a term
for submission of a complaint, shall be examined by the person
directing the proceedings within the next three working days. The
submission regarding the renewal of the term shall be examined in
the presence of the submitter and other summoned persons, if the
deciding of the matter is not possible without the receipt of an
additional explanation from the submitter or other persons, and
if the submitter has requested such examination in the presence
thereof.
(3) In examining a submission regarding the renewal of a term,
the person directing the proceedings may take a decision on
renewal of a delayed term, or regarding a refusal to renew a
delayed term.
(4) A decision on renewal of a delayed term, or on refusal to
renew a delayed term, shall be reasoned, and a submitter shall be
immediately notified of such decision.
(5) Having received a submission regarding the renewal of a
delayed term, the person directing the proceedings may suspend,
in accordance with a request of the submitter or on the basis of
the initiative of the person directing the proceedings himself or
herself, and up to the deciding of the matter, the execution of a
ruling the renewal of the appeal term of which has been
requested.
(6) An investigating judge shall examine submissions regarding
the renewal of delayed terms in connection with the taking of a
decision, located in the competence of the investigating judge,
during pre-trial proceedings.
[12 March 2009]
Chapter 18.1 Special
Features of Record-keeping in an Electronic Criminal Case
[7 October 2021 / Chapter
shall come into force on 1 December 2021. See Paragraph 78 of
Transitional Provisions]
Section 317.1
Record-keeping in an Electronic Criminal Case
(1) Record-keeping of criminal proceedings shall be kept and
all the documents related to such proceedings shall be uploaded
or created and stored in an electronic criminal case (hereinafter
- the e-criminal case).
(2) The e-criminal case shall consist of the Information
System of Criminal Proceedings the manager and holder of which is
the Information Centre of the Ministry of the Interior, of the
Information System of the Office of the Prosecutor the manager
and holder of which is the Office of the Prosecutor of the
Republic of Latvia, the Court Information System, and the E-case
Portal the manager and holder of which is the Court
Administration.
(3) The documents obtained or prepared in paper form in
relation to these proceedings shall be converted into electronic
form, certifying them with the electronic signature within the
meaning of Article 3(10) of Regulation (EU) No 910/2014 of the
European Parliament and of the Council of 23 July 2014 on
electronic identification and trust services for electronic
transactions in the internal market and repealing Directive
1999/93/EC (hereinafter - Regulation No 910/2014) in conformity
with the following provisions:
1) the depiction of the content of the original document and
the conformity therewith during the specified data storage period
have been ensured;
2) reading of the content electronically and, if necessary,
creation of a derivative in paper form have been ensured;
3) the converted document is protected against
supplementations, changes, or unauthorised access or
destruction.
(4) The documents in paper form referred to in Paragraph three
of this Section shall be handed over to the person directing the
proceedings and they shall be stored until the day of entering
into effect of the final ruling. The process of storage and
destruction of a document shall take place according to the
procedures stipulated by the head of the institution.
(5) The document converted into electronic form in accordance
with the procedures laid down in Paragraph three of this Section
shall have the same legal effect as the original document.
(6) Documents which have been created or uploaded in the
e-criminal case may be deleted or changes may be made therein
only on the basis of a decision and in accordance with the norms
of this Law.
(7) The requirements laid down in this Law regarding signing
of a document or making of a certification have been met if the
documents or certifications have been created in the system of
the e-criminal case and signed with the electronic signature
within the meaning of Article 3(10) of Regulation No 910/2014 or
the signature or certification made in the form of a paper
document has been converted in accordance with the provisions of
Paragraph three of this Section.
(8) Objects containing an official secret shall be compiled in
a separate volume, without entering them in the e-criminal case.
A note thereon shall be made in the e-criminal case.
[7 October 2021 / Section shall come into force on 1
December 2021. See Paragraph 78 of Transitional
Provisions]
Section 317.2
Certification of Procedural Actions
(1) A person who participates in a procedural action, if it is
intended to certify such procedural action with a signature,
shall sign with the following according to the technical means at
the disposal of the person directing the proceedings:
1) a secure electronic signature;
2) an electronic signature;
3) a one's own signature, an electronic signature, or a secure
electronic signature on the certification.
(2) A person who is being warned about criminal liability or
informed of his or her rights and obligations shall certify it
with a signature after the procedural action.
(3) A certification of a procedural action or document may
also be recorded in a sound or a sound and image recording.
[7 October 2021 / Section shall come into force on 1
December 2021. See Paragraph 78 of Transitional
Provisions]
Section 317.3
Familiarisation with the Materials of a Criminal Case in the
E-criminal Case
(1) Notification of a person regarding availability of a
document in the e-case portal shall also be recognised as sending
or issuing of a procedural document, and also familiarisation
with the materials of a criminal case.
(2) Upon initiative of the person directing the proceedings or
upon a motivated application of a person, copies of materials of
the e-criminal case may be issued to the person.
[7 October 2021 / Section shall come into force on 1
December 2021. See Paragraph 78 of Transitional
Provisions]
Section 317.4
Availability of Procedural Documents in the E-criminal Case
The day when a person is notified of availability of a
document in the e-case portal shall be recognised as the day when
the procedural document is available.
[7 October 2021 / Section shall come into force on 1
December 2021. See Paragraph 78 of Transitional
Provisions]
Chapter 19 Rulings
Section 318. Decisions in Pre-trial
Proceedings
(1) During pre-trial proceedings, the person directing the
proceedings shall take, and draw up in writing, a reasoned
decision on:
1) the subsequent direction of criminal proceedings;
2) the recognition of a person as a suspect;
3) [18 February 2016];
4) the holding of a person criminally liable;
5) the application of a compulsory measure;
6) the completion of pre-trial proceedings.
(2) The person directing the proceedings shall also take a
reasoned decision in other case specified in this Law, and, if
necessary, may take a decision on any matter significant in the
proceedings.
(3) Officials who conduct criminal proceeding, but are not
persons directing the proceedings, shall take a reasoned decision
in matters within the competence thereof.
[18 February 2016]
Section 319. Court Rulings
(1) Court rulings are court judgments and decisions.
(2) A court judgment is a court ruling on the guilt or
innocence of an accused, the imposition or non-imposition of a
sentence, and the acquittal or release from a sentence.
(3) A court shall take a decision on matters that must be
decided in preparing a criminal case for examination in a court
hearing, during the course of trial of a case, and in
transferring a judgment for execution.
(31) If this Law provides for taking of a decision
in a written procedure, a judge may, upon his or her initiative,
specify an oral procedure.
(4) Court judgments and, in the cases determined by law,
decisions shall be drawn up in writing.
[11 June 2020]
Section 320. Structure of a
Ruling
(1) A ruling drawn up in writing shall consist of an
introduction, a descriptive part, a reasoned part, and an
operative part.
(2) The introduction of a ruling shall indicate the place and
time of its making, the institution and the official who made the
ruling, and the legal matter on which the ruling was made.
(3) The descriptive part shall indicate the essence of the
circumstances ascertained in proceedings that is at the basis of
the making of the ruling.
(4) The reasoned part shall indicate a reference to the law in
accordance with which the ruling was made, and shall justify the
conclusion made.
(5) The operative part shall indicate the conclusion regarding
the matter being examined, the made ruling, and the procedures
for and term of the appeal of such ruling.
(51) A judgment shall not contain information,
which is an object of official secret. If information, which is
an object of official secret, is an evidence in criminal
proceedings, it shall be indicated in the ruling that such
information has been evaluated.
(6) In the cases provided for in this Law, the written
decision of the person directing the proceedings may be written
in the form of a resolution. In such cases the ruling made, the
Section of the Law according to which it was made, the official
who took the decision, and the date of taking of the decision
shall be indicated.
(7) An official, who is authorised to conduct the criminal
proceedings, shall draw up his or her decision in the form of a
resolution by which he or she permits or agrees to perform a
particular procedural action or approved performance thereof.
(8) [20 June 2018]
[12 March 2009; 21 October 2010; 18 February 2016; 20 June
2018]
Section 321. Familiarisation with a
Judgment or Issue of a Copy
(1) A person who is involved in criminal proceedings and whose
rights and interests have been affected by a made ruling, the
representative thereof, and the defence counsel thereof, as well
as the person on the basis of the submission, application, or
request of whom the ruling has been made shall be familiarised
with the ruling before the commencement of the execution thereof,
if the execution takes place with the participation of the
relevant person.
(2) In the cases determined by law, familiarisation with the
decisions taken in pre-trial proceedings shall take place only
after completion of a particular investigative action, or in
completing pre-trial proceedings.
(3) A copy of a court judgment or decision by which
proceedings are completed shall, not later than on the next day
after preparation of the full text thereof, be sent to an
accused, who is being held under arrest, house arrest or in a
social correctional educational institution.
(4) In the cases determined by law, upon notifying a person of
the ruling made, a copy thereof or a notification of the ruling
made may be sent to the postal or electronic address indicated by
the person for the receipt of consignments.
(5) If a copy of a ruling or a notification of the ruling made
has been delivered to the person by post, it shall be deemed that
the person has been notified of the ruling on the seventh day
after handing over of the copy thereof or the notification to the
post office. If a copy of a ruling or a notification of the
ruling made has been delivered to the electronic mail address of
the person, it shall be deemed that the person has been notified
of the ruling on the second working day after its copy or the
notification has been sent.
[12 March 2009; 24 May 2012; 27 September 2018]
Section 321.1 Day of
Availability of a Court Ruling
(1) The day of availability of a court judgment or decision by
which the proceedings are completed shall be the day on which the
judgment or decision, or the translation of the judgment or
decision may be received at the Court Registry.
(2) A court shall provide the victim with a possibility to
become familiar with the ruling using the assistance of an
interpreter. If a victim who does not know the official language
and whose permanent place of residence is in a foreign country
has applied a request to receive a written translation of the
ruling, the person directing the proceedings shall send a written
translation of the abovementioned ruling to the victim.
(3) The court shall provide the accused with a written
translation of the ruling in a language comprehensible to him or
her without delay. A written translation shall not be provided,
if:
1) a judgment of conviction has been rendered in a case that
has been examined in the court of first instance without
verification of evidence;
2) a judgment of conviction has been rendered in the event of
settlement between the victim and the accused;
3) a judgment of conviction has been rendered under the
proceedings of agreement;
4) a decision by the cassation court has been rendered;
5) an abridged judgment has been rendered.
(4) The accused for whom a written translation of the ruling
in a language comprehensible to him or her is not provided in the
cases referred to in Paragraph three of this Section shall be
provided by the court with a possibility to become familiar with
the ruling using the assistance of an interpreter. Persons to
whom a security measure related to deprivation of liberty has
been applied shall be provided with a possibility to become
familiar with the ruling using the assistance of an interpreter
by the relevant place of imprisonment.
(5) The day of availability of a court ruling for an accused
person who is being held under arrest, house arrest or in a
social correctional educational institution shall be the day on
which a copy of the ruling is issued to him or her in a language
comprehensible to him or her or he or she is familiarised with
the ruling in accordance with the procedures laid down in
Paragraph four of this Section.
[23 May 2013; 18 February 2016; 22 June 2017]
Section 322. Procedures for Entering
into Effect of a Ruling
(1) All procedural decisions shall enter into effect
immediately after taking thereof, if the law does not specify
other procedures for entering into effect.
(2) Court judgments shall enter into effect in accordance with
the procedures laid down in this Law.
(3) A ruling that has entered into effect is mandatory and
shall be fulfilled by everybody.
Chapter 20 Proposals
Section 323. Proposals
The person directing the proceedings shall write a proposal,
if operations that are not within the competence of such person
directing the proceedings, or for the operation of which a
decision of a competent person is necessary, must be performed
for the achievement of the objective of criminal proceedings.
Section 324. Examination of a
Proposal
(1) A proposal shall be examined by an official who has been
granted the authority in criminal proceedings to perform the
operations recommended in the proposal by himself or herself, or
to allow another person to perform such operations with a
decision on basis of the location where the criminal offence was
committed or on the basis of the location of the investigation or
prosecutor institutions thereof, in the record-keeping of which
is the specific proceedings.
(2) If the law does not specify otherwise, a proposal shall be
examined within seven days, summoning the submitter of the
proposal, if necessary. The submitter shall be notified regarding
a taken decision or commenced operations not later than within
three days.
[19 January 2006]
Chapter 21 Minutes
Section 325. Minutes of a Procedural
Action
(1) In pre-trial proceedings, the minutes of a procedural
action shall record the course of an investigative action, and,
in the cases specified in law, also the course of other
procedural actions. If several procedural actions are conducted
at the same time, they may be recorded in the same minutes of a
procedural action.
(11) The minutes of a procedural action may include
a decision related to such action.
(2) The minutes of a court hearing shall record procedural
actions performed in judicial proceedings.
[20 June 2018]
Section 326. Content of Minutes
(1) The minutes of a procedural action shall indicate:
1) the place and date of the occurrence of the operation;
2) the time when the operation was commenced and
completed;
3) the position, given name, and surname of the performer of
the procedural action;
4) the identifying data of the person - participator in the
procedural action, and the given name, surname, place of
practice, and procedural status of an advocate;
5) the course of the occurrence of the operation, and
determined facts, if such facts exist;
6) the used scientific-technical means;
7) the position, given name, and surname of the taker of the
minutes.
(2) Objects and documents obtained during the course of a
procedural action shall be attached to the minutes.
(3) Sections 482 and 484 of this Law shall determine the
content of the minutes of a court hearing.
[7 October 2021]
Section 327. Familiarisation with
the Minutes of a Procedural Action
(1) The performer of a procedural action shall familiarise the
persons who participate in the relevant operation with the
content of the minutes of such procedural action, and the
attachments thereto, by reading, indicating, or playing such
content and attachments. The minutes shall record the corrections
and additions expressed by the persons.
(2) The performer of a procedural action, the taker of
minutes, and all the persons who participate in the operation
shall sign the protocol as a whole and, separately, each page
thereof. If a person refuses or, due to physical deficiencies or
other reasons, is not able to sign, such refusal shall be noted
in the minutes, indicating the reason and motives for the
refusal.
[12 March 2009]
Chapter 22 Summonses
Section 328. Summons
A summons is a document with which the person directing the
proceedings summons a person to an investigating institution, the
Office of the Prosecutor, or the court, in order for such person
to participate in criminal proceedings (hereinafter - the person
being summoned). In case of necessity, other means of
communication may be used for a summons.
[19 January 2006]
Section 329. Content of a
Summons
A summons shall indicate:
1) the given name, surname, and place of residence of the
natural person being summoned, or another address indicated by
such person;
2) the name and legal address of a legal person being
summoned, or the address of the authorised representative of such
legal person indicated by such legal person;
3) the name and address of the investigating institution, the
Office of the Prosecutor, or court;
4) the time and place of attendance;
5) the reason for the summoning of the person;
6) the duty of the person receiving the summons to transfer
such summons to the person being summoned in the case of the
absence thereof;
7) the consequences of a failure to attend.
Section 330. Delivery of a
Summons
(1) A summons in a pre-trial criminal proceedings shall be
issued not later than two days before the time of arrival
indicated therein. If a procedural action is unplanned or cannot
be suspended, a summons may be issued directly before
arrival.
(2) A summons in a pre-trial criminal proceedings shall
ordinarily be delivered by mail or by a messenger (courier) to
the address indicated by the person being summoned, but for a
person who is summoned for the first time - to the place of
residence or legal address. A summons may be sent also to an
electronic mail address of the person.
(3) A summons shall be sent as an ordinary postal item or, in
the cases when it is possible, issue personally at the court in
exchange for the signature. A summons may be sent also to an
electronic mail address of the person. As regards the defence
counsel, State and local government institutions, a summons shall
be sent to the electronic mail address.
(4) If a person being summoned has indicated another mode of
communication, or if a case is urgent, a person may also be
summoned by using other modes of communication.
(5) A summons shall be sent to a person being summoned who
lives in a foreign country, or whose legal address is in a
foreign country, through the intermediation of the Ministry of
Foreign Affairs of the Republic of Latvia or in accordance with
the procedures laid down in an international agreement.
[23 November 2016; 27 September 2018]
Section 331. Procedures for Issuing
a Summons in Pre-trial Criminal Proceedings
(1) A summons shall be issued to a person being summoned
personally and in exchange for the signature thereof. The time of
the receipt of the summons shall also be indicated in the
signature part of the summons.
(2) If the deliverer of a summons does not encounter the
person being summoned at the address indicated by such person, he
or she shall issue the summons to another family member of legal
age who lives together with the person being summoned. In such
case, the recipient of the summons shall enter his or her given
name and surname in the signature part of the summons, and shall
indicate his or her relationship to the person being summoned.
The recipient of the summons has a duty to give the summons to
the person being summoned.
(3) In the case of the absence of a person being summoned, the
deliverer of a summons shall make a note regarding such absence
in the signature part of the summons, and shall indicate the
place to which the person being summoned has departed, and the
term when the return of such person is expected.
(4) A summons addressed to a legal person shall be issued to
the relevant employee thereof.
(5) The signature part of a summons shall be returned to the
person directing the proceedings.
[23 November 2016]
Section 332. Duty of a Person being
Summoned to Accept a Summons
(1) A person being summoned has a duty to accept a
summons.
(2) If a person being summoned refuses to accept a summons,
the deliverer shall make a note regarding such refusal in the
signature part of the summons, and shall return such summons to
the person directing the proceedings.
Section 333. Duty of Persons being
Summoned to be Accessible
(1) A person who has indicated the address thereof to a
performer of a procedural action in specific criminal proceedings
has a duty to be accessible at such address.
(2) If a summons has been delivered in accordance with the
procedures laid down in this Chapter, it shall be recognised that
the person being summons has been notified regarding the time and
place of the occurrence of criminal proceedings.
(3) If a summons has been delivered to a person being summoned
in accordance with the procedures laid down in Section 330 of
this Law by mail, it shall be recognised that the person being
summoned has been notified regarding the time and place of the
occurrence of proceedings on the seventh day after handing over
of the summons to the post office.
(4) If a summons has been delivered to the electronic mail
address of the person being summoned in accordance with the
procedures laid down in Section 330 of this Law, it shall be
deemed that the person being summoned has been notified of the
time and place for the proceedings on the second working day
after the summons has been sent.
[19 January 2006; 14 January 2010; 27 September
2018]
Chapter 23 Applications,
Submissions and Requests
[12 March 2009]
Section 333.1 Submission
of Applications, Submissions or Requests
(1) A person involved in the proceedings may, for the ensuring
of his or her or other person's rights and lawful interests,
submit an application, submission or request to the person
directing the proceedings or to another official in the cases
determined in the Law who is authorised to perform criminal
procedural action.
(2) An application, submission or request shall be examined
regardless of the title of such document, if only the content
thereof expresses a proposal related to particular criminal
proceedings which is significant for achieving the objective of
criminal proceedings or ensuring of the rights and lawful
interests of a person.
[12 March 2009]
Section 334. Terms for Examination
of Applications, Submissions and Requests
(1) An application, submission or request shall be examined,
and a decision on such application shall be taken, immediately
after receipt thereof, if this Law does not specify
otherwise.
(2) If the decision on an application, submission or request
cannot be taken without delay, such decision shall be taken
within seven days after receipt thereof.
(3) Applications, submissions or requests submitted to a court
shall be examined and decided in a trial, unless they are to be
decided earlier in order to prepare the case for trial.
[12 March 2009; 20 June 2018]
Section 335. Deciding of an
Applications, Submissions and Requests
(1) An application, submission or request is able to be
satisfied, if it promotes the ascertaining of facts significant
in criminal proceedings, and the ensuring of the rights and
lawful interests of persons involved in the proceedings and other
persons.
(2) If an application, submission or request has been
satisfied, a written decision may be not drawn up, but the
submitter shall be notified thereof in writing and the execution
thereof shall be ensured.
(3) A reasoned decision on complete or partial rejection of an
application, submission or request shall be taken which shall be
notified to a submitter within three working days by sending or
issuing to him or her a copy of thereof.
(4) A decision on rejection of an application, submission or
request may be appealed in accordance with the procedures laid
down in this Law.
(5) If the content of an application, submission or request in
relation to legal or factual circumstances indicated in the
application, submission or request already examined has not
changed on its merits, the application, submission or request
shall not be examined and the submitter shall be notified
thereof.
[12 March 2009; 20 June 2018]
Chapter 24 Complaints
Section 336. Right to Submit a
Complaint
(1) A complaint regarding the actions or ruling of an official
conducting criminal proceedings may be submitted by a person
involved in the proceedings, as well as a person whose rights or
lawful interests have been infringed upon by the specific actions
or ruling.
(2) A complaint submitted by a prosecutor shall be called the
protest of the prosecutor.
(3) A decision of the person directing the proceedings shall
be subject to appeal, except in the cases determined in this
Law.
Section 337. Submission of a
Complaint
(1) A complaint shall be addressed and submitted to an
official or institution, that is entitled to decide on it. A
complaint may be submitted also to an official the action or
decision of which is appealed.
(2) A complaint shall be transferred for deciding:
1) to the person directing the proceedings regarding the
actions of a member of an investigative group, the executor of a
procedural task, an expert, or an auditor;
2) to the supervising prosecutor regarding the actions or
decision of an investigator or the direct supervisor of the
investigator;
3) to a higher-ranking prosecutor regarding the actions or
decision of a prosecutor.
4) to a higher-level court regarding the decision of the
investigating judge;
5) to the chairperson of the court regarding the actions of a
judge;
6) to a higher-level court regarding the ruling of a court or
judge.
(3) The decision of the examiner of a complaint -
higher-ranking prosecutor - referred to in Paragraph two, Clause
3 of this Section shall not be subject to appeal in pre-trial
proceedings. If a person has appealed the actions or decision to
terminate criminal proceedings of a person referred to in
Paragraph two, Clause 2 or 3 of this Section, and does not agree
with the decision taken by the examiner of a complaint -
higher-ranking prosecutor, such person may appeal such decision
to the next higher-ranking prosecutor whose decision shall not be
subject to appeal in pre-trial criminal proceedings.
(4) A chairperson of a court shall, in examining a complaint,
decide it on the basis of the essence thereof. The decision taken
by the chairperson of a court shall not be subject to appeal.
(5) A person who has received a complaint regarding his or her
actions or decision shall immediately transfer such complaint to
the official referred to in Paragraph two of this Section. If a
person considers a complaint justified, such person shall
simultaneously discontinue the appealed actions or revoke the
appeal decision and recognise the results thereof as invalid.
(6) Complaints may be written or oral. A complaint submitted
orally shall be entered in the minutes and signed by the
submitter of the complaint and the person to whom the complaint
was submitted orally. Complaints submitted orally shall be
decided in accordance with the same procedures by which the
deciding of a written complaint has been specified. A complaint
may have attachments that apply to the content of the
complaint.
(7) A person who does not understand the language in which
criminal proceedings are taking place has the right to submit a
complaint in the language that he or she understands.
[28 September 2005; 19 January 2006; 12 March 2009; 18
February 2016; 19 November 2020]
Section 338. Sending of Complaints
of Detained Persons or Arrested Persons
The administration of a place of detention or arrest shall
immediately transfer the complaint of a detained person or a
person arrested after receipt of such complaint to the official
to whom such complaint is addressed.
Section 339. Terms for the
Submission of Complaints
(1) A complaint regarding the actions and decision of an
official in pre-trial proceedings may be submitted during the
entire term of pre-trial proceedings, if other term has not been
provided for in this Section.
(2) A decision of an investigator or prosecutor may be
appealed within 10 days from the day of the receipt of a copy of
the decision or a notification regarding the decision taken. A
complaint regarding the action of an investigator or prosecutor
may be submitted within 10 days from the day when the actual
action was established.
(3) Complaints regarding rulings of a judge or court may be
submitted within 10 days from the day of the availability of the
ruling, if another term is not provided for in this Law. A
complaint regarding the action of a judge may be submitted within
10 days from the day when the actual action was established.
(4) If the term for the submission of a complaint has been
missed due to a justified reason, such term may be renewed upon
request of the submitter by the authority or official who has the
right to examine the complaint.
[19 January 2006; 12 March 2009; 21 October 2010; 24 May
2012; 11 June 2020]
Section 340. Revocation of
Complaints
(1) A person who has submitted a complaint is entitled to
revoke such complaint.
(2) A complaint that has been submitted to a court may be
revoked up until the moment when the court retires to deliberate
the making of a ruling.
(3) A complaint submitted in the interests of an accused or
victim may be revoked only with his or her consent.
Section 341. Suspension of the
Execution of a Ruling in Connection with the Submission of a
Complaint
In the cases determined in this Law, the submission of a
complaint shall suspend the execution of an appealed ruling. In
other cases, the execution of a decision may be suspended by the
official who examines a complaint, if such official considers
such suspension necessary.
Section 342. Examination of a
Complaint
(1) Having received a complaint, the recipient thereof shall
decide on examination of such complaint, or send such complaint
on the basis of the jurisdiction thereof, within three working
days after the day of receipt thereof.
(2) The assigning of examination of a complaint to the same
official whose actions or ruling are being appealed, or to the
official who has approved the appealed ruling, is prohibited.
(3) The official who examines a complaint may take into
account more than just the motives of the complaint. If
necessary, such official may examine the legality and validity of
the entire appealed ruling or of the entire criminal
proceedings.
(4) An official examining a complaint has a duty, within the
scope of his or her competence, to immediately take measures in
order to renew for persons the violated rights and lawful
interests thereof.
(5) If the term of a complaint has been missed and has not
been renewed, the complaint shall not be examined, and the
submitter shall be notified regarding such non-examination.
(51) If the content of a complaint in relation to
legal or factual circumstances indicated in a complaint already
examined has not changed on the basis of the essence thereof, the
complaint shall not be examined and the submitter shall be
notified thereof.
(6) If the law does not specify otherwise, a higher-level
court judge shall examine the complaint in the written procedure.
The decision shall not be subject to appeal.
(61) A higher-level court judge shall examine the
complaint regarding a decision of an investigating judge in a
written procedure. If necessary, the judge shall request the case
materials. The decision shall not be subject to appeal.
(7) Appellate and cassation complaints and protests shall be
examined in accordance with the procedures and terms specified in
Division Ten of this Law.
[28 September 2005; 19 January 2006; 14 January 2010; 24
May 2012; 18 February 2016; 19 November 2020]
Section 343. Terms for Examination
of a Complaint
(1) Complaints, for which other terms for examination are not
provided for in this Law, shall be examined within 10 days after
receipt thereof.
(2) In cases where the obtaining of additional materials, or
the taking of other measures, is necessary for the examination of
a complaint, examination of the complaint shall be allowed within
30 days, notifying the submitter of the complaint of such
examination.
(3) If the complaint has not been submitted in the official
language, in respect of the beginning of the term of examination
thereof shall be deemed to be the day of the availability of a
translation, and the submitter of the complaint shall be notified
of this.
[19 January 2006; 12 March 2009]
Section 344. Deciding a
Complaint
(1) A complaint may be satisfied or rejected.
(2) In satisfying a complaint:
1) the appealed ruling may be fully or partially revoked or
modified;
2) the criminal proceedings may be fully or partially
terminated;
3) the criminal proceedings may be sent for a new
investigation;
4) the results of the appealed actions may be declared
invalid.
(3) In satisfying a complaint, an investigating judge and a
court shall make the ruling provided for in Paragraph two,
Clauses 1 and 4 of this Section.
(4) A refusal to satisfy a complaint shall be reasoned.
(5) The official or court that decides a complaint may not
revoke a previously made ruling, if such revocation may cause a
worsening of the circumstances of the person who has submitted
the complaint, or in the interests of whom the complaint has been
submitted.
Section 345. Report on the Deciding
of a Complaint
(1) The person who has submitted a complaint shall be notified
regarding the deciding of the complaint, and the further
possibilities and procedures for appeal.
(2) If harm has been illegally caused to a person by appealed
actions or an appealed ruling, the rights thereof to request
compensation or rectification for the harm, and the procedures
for the actualisation of such rights, shall be explained to such
person.
(3) A complaint, a copy of the answers provided to such
complaint, and the materials of the examination of the complaint
shall be attached to a criminal case.
Chapter 25 Complaints Regarding
Decisions of the Prosecutor General
Section 346. Appeal of a Decision of
the Prosecutor General
A complaint regarding a decision of the Prosecutor General
that has been taken in accordance with Sections 303, 310, and 410
of this Law may be submitted by the person whose rights or lawful
interests are infringed upon by the specific decision within 10
days from the day when such person learned of the taking of the
decision and of the content thereof.
Section 347. Submission of a
Complaint and Determination of Examination
(1) A complaint regarding a decision of the Prosecutor General
shall be submitted to the Supreme Court.
(2) Having received a complaint, the chairperson of the
Department of Criminal Cases of the Supreme Court shall determine
the composition of the court, and shall assign the examination of
the complaint to one of the judges.
(3) The senator to whom examination of a complaint has been
assigned shall request from the Prosecutor General the criminal
case or other materials that were the grounds for the taking of
the decision, and shall determine the term for examination of the
complaint.
(4) If necessary, a judge may requisition documents and other
materials, and summon the relevant persons for the provision of
explanations.
(5) A judge shall notify the Prosecutor General and the
submitter of a complaint regarding the term of examination of the
complaint and regarding his or her rights, and the rights of his
or her representative, to participate in the court hearing. The
submitter of a complaint who is being held under arrest shall, on
the basis of his or her request, be ensured participation in
examination of the complaint.
[19 December 2013]
Section 348. Examination of a
Complaint
(1) The Supreme Court with a panel of three judges shall
examine a complaint regarding a decision of the Prosecutor
General with the participation of the Prosecutor General and the
submitter of the complaint, or the representatives thereof. The
non-attendance of such persons without a justified reason, if
such persons have been notified in a timely manner regarding the
time and place of the examination, shall not be an impediment to
examination of the complaint.
(2) Having heard the submitter of a complaint and the
Prosecutor General, or the representatives thereof, a court shall
retire to deliver and take a decision, which shall be read in the
court hearing.
(3) A court may take one of the following decisions:
1) to leave the decision of the Prosecutor General without
unamended;
2) to modify the decision of the Prosecutor General; or
3) to revoke the decision of the Prosecutor General.
(4) The decision of a court shall not be subject to
appeal.
[12 March 2009; 19 December 2013]
Section 349. Actions of a Court
after Examination of a Complaint
A court shall send a criminal case and other requested
materials, together with a decision, to the Prosecutor General
within three working days after taking of the decision.
Division Six
Financial Matters in Criminal Proceedings
Chapter 26 Compensation for Harm
Caused by a Criminal Offence
Section 350. Compensation for Harm
Caused to a Victim
(1) Compensation is payment specified in monetary terms that a
person who has caused harm with a criminal offence pays to a
victim as atonement for moral injury, physical suffering, or
financial loss.
(2) Compensation is an element of the regulation of
criminal-legal relations which an accused pays voluntarily, or on
the basis of a court ruling or a prosecutor's penal order.
(3) If a victim believes that the entire harm caused to him or
her has not been compensated with a compensation, he or she has
the right to request the compensation thereof in accordance with
the procedures laid down in the Civil Procedure Law. In
determining the amount of consideration, the compensation
received in criminal proceedings shall be taken into account.
(4) In requesting consideration in accordance with civil legal
procedures, a victim shall be discharged from the State fee.
(5) A ruling in criminal proceedings on the guilt of a person
shall be binding in the judgment of a civil case.
[12 March 2009; 20 June 2018]
Section 351. Application for
Compensation
(1) A victim has the right to submit an application regarding
compensation for a caused harm in any stage of criminal
proceedings up to the commencement of a court investigation in a
court of first instance. The application shall justify the amount
of the requested compensation for financial losses, but the
amount of compensation for moral injury and physical suffering -
shall just be indicated. The account number of a credit
institution or financial institution (if any) to which
compensation for harm should be transferred shall be indicated in
the application.
(2) An application may be submitted in writing or expressed
orally. An oral application shall be recorded in the minutes by
the person directing the proceedings.
(3) During pre-trial proceedings, a prosecutor shall indicate
a submitted application and the amount of requested compensation,
as well as his or her opinion thereon in the document regarding
the completion of pre-trial proceedings.
(4) The failure to ascertain a person being held criminally
liable shall not be an impediment to the submission of a
compensation application.
(41) An application for compensation shall be
examined regardless of the presence of a victim.
(5) A victim has the right to recall a submitted compensation
application at any stage of criminal proceedings up to the moment
when the court retires to render a judgment. The refusal of
compensation of a victim may not be grounds for the revocation or
modification of prosecution, or a justifying judgment.
[12 March 2009; 29 May 2014; 19 November 2020]
Section 352. Amount of
Compensation
(1) A court shall determine the amount of compensation by
assessing the application of a victim, and by taking into
account:
1) the amount of financial losses caused;
2) the seriousness of a criminal offence, and the nature of
the committing thereof;
3) the caused physical suffering, permanent mutilation, or
loss of ability to work;
4) the depth and publicity of a moral injury;
5) mental trauma.
(2) If harm has been caused to a legal person, the
difficulties caused to commercial activities shall also influence
the amount of compensation.
(3) Direct losses shall be assessed at the prices used for the
determination of the amount of prosecution.
(4) The causer of harm may voluntarily agree to the amount of
compensation specified by the victim, or such causer and victim
may determine such amount by mutual agreement. Such agreement
shall be drawn up in writing, or such agreement shall be
recorded, upon request of both parties, in the minutes of the
procedural action.
Section 353. Persons upon whom the
Duty to Pay Compensation May be Imposed
(1) The obligation to pay compensation may be imposed upon the
following:
1) an accused of legal age who has been found guilty of the
committing of a criminal offence;
2) a minor who has been found guilty of committing a criminal
offence, - subsidiary with the parents or persons who substitute
for him or her, except in the cases when it is the duty of office
of such persons;
21) a person for whom a compulsory measure of
medical nature is specified or who has been transferred into the
charge of relatives or other persons;
3) a legal person who has been applied a coercive measure has
been applied.
(2) In other cases compensation shall not be determined, but
the compensation of harm shall take place in accordance with
civil-legal procedures.
(3) A special law shall determine the procedures by which harm
shall be compensated from the State funds to victims, and the
amount of harm to be compensated from such funds.
[12 March 2009; 14 March 2013; 20 June 2018]
Section 354. Fee to the Victim
Compensation Fund
[12 March 2009]
Chapter 27 Actions with Criminally
Acquired Property
Section 355. Criminally Acquired
Property
[22 June 2017]
Section 356. Recognition of Property
as Criminally Acquired
(1) Property may be recognised as criminally acquired by a
court ruling that has entered into effect, or by a decision of a
prosecutor to terminate criminal proceedings.
(11) If property has been recognised as criminally
acquired, the seizure, burdens, prohibitions and pledge rights
thereof, including all burdens and pledge notations entered in
respect of property to be registered in the public register,
shall be deleted.
(2) During pre-trial criminal proceedings, property may also
be recognised as criminally acquired by:
1) a district (city) court decision in accordance with the
procedures laid down in Chapter 59 of this Law;
2) a decision of the person directing the proceedings, if,
during the pre-trial criminal proceedings, the property in
relation to which its owner or lawful possessor had applied for
the loss of property and right to which he or she has proven, by
eliminating any doubts, after its finding has been found in the
possession of the suspect, accused or third persons or it has
been removed therefrom.
(3) After termination of criminal proceedings for reasons
other than exoneration, property may be recognised as criminally
acquired by a district (city) court ruling in accordance with the
procedures laid down in Chapter 59 of this Law.
(4) During the pre-trial criminal proceedings or after
termination of criminal proceedings for reasons other than
exoneration of a person, the property, in the case referred to in
Paragraph two, Clause 2 of this Section, for which the rights
have been registered in the public register and the entry in this
register has been amended after committing of the criminal
offence may be recognised as criminally acquired only by a
district (city) court ruling in accordance with the procedures
laid down in Chapter 59 of this Law.
(5) If an assumption is expressed that the property is
criminally acquired or related to a criminal offence, the person
directing the proceedings shall notify the person that such
person may, within 45 days from the moment of notification,
submit information on the legality of the origin of the relevant
property, and also shall inform the person of consequences for
failure to submit such information.
[12 March 2009; 21 October 2010; 22 June 2017; 27 September
2018; 21 November 2019]
Section 357. Returning of Criminally
Acquired Property
(1) Property shall be returned, on the basis of ownership, to
the owner or lawful possessor thereof by a decision of the person
directing the proceedings or court after storage of such property
is no longer necessary for achieving the objective of criminal
proceedings. Action with property which is not withdrawn by its
owner or lawful possessor shall take place in accordance with the
same procedures as action with property which has been
seized.
(2) Property, the circulation of which is prohibited by law
and which, as a result of such prohibition, is located in the
possession of a person illegally, shall not be returned to such
possessor, but rather transferred to the relevant State
authority, with a decision of the person directing the
proceedings, or to a legal person that is entitled to obtain and
use such property.
(3) Property the origin of which is the State resources used
for disclosure of a criminal offence shall be returned to the
legal possessor or recovered for the benefit of him or her. If
such property is alienated, destroyed, concealed or disguised and
it is not possible to return it, other property may be subjected
for such recovering in the value of the property to be
returned.
(4) If a criminally acquired property - immovable property -
is returned, on the basis of ownership, to the owner or lawful
possessor, lease or rental contracts of the residential premises
entered into after committing of criminal offence shall not be in
force.
[12 March 2009; 22 June 2017]
Section 358. Confiscation of
Criminally Acquired Property for the Benefit of the State
(1) Criminally acquired property shall be confiscated with a
court ruling for the benefit of the State, if the further storage
of such property is not necessary for achieving the objective of
criminal proceedings and if such property does not need to be
returned to the owner of lawful possessor, and acquired financial
resources shall be included in the State budget.
(2) In the case referred to in Paragraph one of this Section a
criminally acquired property may be confiscated for the benefit
of the State also by a decision of a prosecutor to terminate
criminal proceedings, except when a property the right to which
are to be registered in the public register has been recognised
as criminally acquired.
[22 June 2017]
Section 358.1 Replacement
of Criminally Acquired Property Upon Request of a Person
(1) If the confiscation of criminally acquired property for
the benefit of the State has been applied to a person, a
prosecutor or a judge, in the case specified by the Criminal Law,
may replace the confiscated property with financial resources in
the value of such property, if the person to whom the
confiscation has been applied has, within 3 working days after
entering into effect of a ruling, submitted a justified request
to replace the property and if the person has compensated the
harm caused to a victim. The matter on replacement of property
shall be decided in a written procedure by determining a time
period of 30 working days for voluntary payment of the financial
resources.
(2) A person shall submit a request to the Office of the
Prosecutor where the decision to confiscate a criminally acquired
property has been taken, or in a court of first instance.
(3) A complaint regarding a decision to reject the request to
replace the property shall be examined by a higher-ranking
prosecutor or a higher-level court judge in a written procedure.
The decision shall not be subject to appeal.
(4) A prosecutor or a judge who took the decision on the
replacement of property shall revoke the seizure of a criminally
acquired property when the person has paid financial resources in
the value of the replaced property. The value of the replaced
property shall be determined according to the value it had at the
time of seizure.
(5) If the financial resources are not paid in full within 30
working days after entering into effect of a decision on the
replacement of property, the decision on the replacement of the
confiscation of property shall cease to be in effect. A ruling on
confiscation of a criminally acquired property for the benefit of
the State shall be sent for execution in accordance with the
procedures laid down in this Law.
(6) If within the period specified in Paragraph five of this
Section the financial resources have been paid partly, a judge or
a prosecutor after receipt of a notification regarding execution
of confiscation of criminally acquired property shall take one of
the following decisions in a written procedure:
1) regarding reimbursement of financial resources to a person
to whom confiscation of criminally acquired property has been
applied if the criminally acquired property is confiscated;
2) regarding transferring of financial resources to the State
budget if the confiscation of criminally acquired property has
not been possible.
[22 June 2017]
Section 359. Use of the Resources
Acquired as a Result of the Confiscation of Criminally Acquired
Property
(1) After entering into effect of a final ruling in criminal
proceedings, resources acquired as a result of the confiscation
of criminally acquired property shall be used first for the
ensuring and payment of the requested compensation. Actions with
the acquired resources shall take place in accordance with the
procedures laid down in the Law on Execution of Confiscation of
Criminally Acquired Property.
(2) After receiving a notification from a bailiff regarding
execution of confiscation of a criminally acquired property,
including compensation for a caused harm to a victim and payment
of immovable property tax debts to a local government, a judge
shall take a decision regarding recovery of resources which are
used for compensation for a caused harm to a victim and for
covering immovable property tax debts from a convicted person for
the benefit of the State in a written procedure. The decision
shall not be subject to appeal. The court shall send the ruling
together with a cover letter to a sworn bailiff for execution in
accordance with the procedures laid down in this Law. A sworn
bailiff shall perform the recovery in accordance with the
procedures laid down in the Civil Procedure Law.
[22 June 2017]
Section 360. Rights of Third
Persons
(1) If a criminally acquired property has been found on a
third person, such property shall be returned, on the basis of
ownership, to the owner or lawful possessor thereof.
(2) If a criminally acquired property has been returned to the
owner or lawful possessor thereof, the third person who acquired
such property, or pledge, in good faith has the right to submit a
claim, in accordance with the procedures laid down in the Civil
Procedure Law, regarding compensation for the loss, including
against an accused or convicted person.
(21) If a criminally acquired property is an
immovable property that escheats to the State, it shall be left
in the ownership of a third person who acquired such property in
good faith and its ownership rights have been corroborated in a
public register. The value of such property shall be recovered,
in accordance with the procedures laid down in the Civil
Procedure Law, for the benefit of the State from the person who
has committed a criminal offence.
(3) If a criminally acquired immovable property is confiscated
(from a third person), the confiscation itself may not be grounds
to request early fulfilment of obligations which are secured with
the relevant immovable property or to believe that the
abovementioned obligations are being violated.
[20 June 2018; 4 March 2021]
Chapter 28 Ensuring of a Solution
to Financial Matters
Section 361. Seizure of a
Property
(1) To ensure the recovery of procedural expenditures and
compensation for a harm to a victim, possible return, on the
basis of ownership, of a criminally acquired property to the
owner or lawful possessor, possible confiscation of a criminally
acquired property, resources that a person has acquired from the
disposal of such property, the yield received as a result of the
use of the criminally acquired property, or property related to a
criminal offence, and also possible confiscation of property as
an additional punishment, the property will be seized within
criminal proceedings. A property may be seized to ensure possible
replacement of the special confiscation of a property in the
cases specified in the Criminal Law, as well as to ensure the
recovery of such property the origin of which is the State
resources used for disclosure of a criminal offence.
(11) [22 June 2017]
(2) A property may also be seized in proceedings regarding the
application of coercive measures to a legal person and regarding
the determination of compulsory measures of a medical nature, if
it is necessary to ensure a solution to financial matters in
criminal proceedings, the possible liquidation, recovery of
money, or confiscation of property.
(3) In pre-trial proceedings, property shall be seized with a
decision of the person directing the proceedings that has been
approved by an investigating judge, but during trial a court
shall take a decision.
(4) In emergency cases when property may be alienated,
destroyed, or hidden due to a delay, the person directing the
proceedings may seize the property with the consent of a
prosecutor. The person directing the proceedings shall notify an
investigating judge of the seizure not later than on the next
working day by presenting the protocol and other materials that
justify the necessity and emergency of the seizure. If the
investigating judge does not approve the decision of the person
directing the proceedings on the seizure of a property, the
seizure of the property must be revoked.
(5) The decision on the seizure of a property shall indicate
the purpose of the seizure and the person who owns the property
upon which shall be seized, and, if the amount of the financial
matter to be solved is known, the necessary ensuring sum shall
also be indicated.
(6) [22 June 2017]
(7) If a mortgage pledge or other pledge, which has been
specified by law and should be registered, was registered in
relation to property before its seizure, actions with the pledged
property may take place only after co-ordination with the person
directing the proceedings. If such property has been recognised
by a court decision as criminally acquired, the seizure of the
property has priority in relation to the pledge.
(71) If in relation to property which is being
seized a mortgage or commercial pledge has been registered, the
person directing the proceedings shall inform the mortgage
creditor or commercial pledgee about the taken decision. Upon
receipt of information regarding the seizure of a property, a
mortgage creditor or commercial pledgee has the right to submit
documents regarding the origin of property.
(8) It shall not be allowed to seize basic necessity objects
used by the person whose property is being seized, or by the
family members of such person and the persons dependent on such
person. Annex 1 to this Law shall determine the list of such
objects. A prohibition specified in this Paragraph shall not
apply to criminally acquired property or other property related
to a criminal offence.
(9) A copy of the decision shall be sent or issued to a person
whose property is being seized.
(10) The person directing the proceedings shall register the
seized property in the list of objects and documents in the
criminal case.
[12 March 2009; 14 January 2010; 14 March 2013; 18 February
2016; 22 June 2017; 27 September 2018; 7 October 2021]
Section 361.1 Sending for
Execution of the Decision on the Seizure of a Property
(1) The execution of the seizure may be assigned, by sending
the extract of the decision, to:
1) the State Police;
2) the public register in which the rights to the seized
property are registered so that it would register the prohibition
to alienate and to burden such property with other property or
obligation rights;
3) capital company or co-operative society whose capital
shares (stocks) or co-operative shares are seized so that it
would transfer all the money which is due to the relevant person
from a capital company or co-operative society into the bank
account indicated by the person directing the proceedings
(account of an institution, account of the Treasury, or account
of the person which has been seized), as well as would comply
with the prohibition to alienate and burden such capital shares
(stocks) and co-operative shares with other property or
obligation rights;
4) credit institution or investment brokerage company in which
the seized monetary deposits, financial instruments and capital
shares (stocks) are stored so that withdrawal operations with
them would be discontinued.
(2) Upon seizing the property, the owner, possessor, user, or
holder of such property shall be notified of the prohibition to
act with or use such property, as well as of the rights of the
owner of property infringed during criminal proceedings. If
necessary, a tangible property shall be removed and placed in
storage.
(3) Upon seizing capital shares (stocks) or co-operative
shares, the person directing the proceedings may impose a duty on
a person to notify if he or she is due any payments or money from
these capital shares (stocks) or co-operative shares, including
from third persons.
(4) Upon seizing capital shares (stocks) or co-operative
shares, the person directing the proceedings may impose a duty on
a capital company or co-operative society whose capital shares
(stocks) or co-operative shares are seized to transfer all the
money which is due to the person from a capital company or
co-operative society into the bank account indicated by the
person directing the proceedings (account of an institution,
account of the Treasury, or account of the person subject to
seizure).
(5) Upon seizing money of members of a partnership, the person
directing the proceedings may impose a duty on a partnership to
transfer all the money which is due to the person from a
partnership into the bank account indicated by the person
directing the proceedings (account of an institution, account of
the Treasury, or account of the person subject to seizure).
[22 June 2017]
Section 362. Protocol on the Seizure
of a Property
(1) A protocol shall be written on the seizure of a property.
A protocol regarding the seizure of property need not be written
if the decision on the seizure of property, by sending an extract
of the decision, has been assigned for execution in accordance
with Section 361.1, Paragraph one, Clauses 2, 3, and 4
of this Law and it is not necessary to describe individual
features of the property or if the seizure is imposed on virtual
currency.
(2) A protocol shall record the following:
1) each object upon which has been seized, indicating the
name, label, weight, level of wear, and other individual
features;
2) the objects which have not been seized, if the entire
property is being seized;
3) the application that a third person has submitted regarding
ownership of the property.
(3) [22 June 2017]
(31) In seizing the property, also all the civil
yield arising or due from the seized property shall be considered
seized.
(4) If property has been removed, the protocol shall indicate
precisely what has been removed, and where and with whom such
property has been placed in storage.
(5) If an attempt to hide, destroy, or damage property was
made during the term of seizure, an entry on such attempt shall
be made in the protocol.
[12 March 2009; 18 February 2016; 22 June 2017; 7 October
2021]
Section 363. Issuance of Copies of a
Protocol on the Seizure of a Property
(1) A copy of the protocol on the seizure of a property shall
be issued, in return for a signature, to the person by whom a
description of the property was made, or one of his or her family
members of legal age, but if such person is not present, the copy
shall be issued to a representative of the local government in
the administrative territory of which the property was
seized.
(2) If such property is being seized which is located in the
territory of a legal person, a copy of the protocol on the
seizure of the property shall be issued, in return for a
signature, to a representative of such legal person.
Section 364. Determination of the
Value of Property Subjected to Seizure
(1) Property which is being seized shall be assessed in
accordance with the prices prevalent in the area, taking into
account the degree of wear and tear of such property. The
immovable property which is being seized shall be assessed in
accordance with the market value. If necessary, a specialist
shall be invited for the determination of the value of the
property.
(2) The value of the property shall be determined at the time
of seizure. If it is not possible, the value of the property
shall be determined not later than until completion of the
pre-trial proceedings during the pre-trial proceedings, but
during trial - until the retiring of the court to the
deliberation room.
(3) Money, financial instruments, stocks and shares of the
equity capital shall be registered on the basis of the nominal
value thereof.
(4) If only a part of the property must be seized for a
specific sum, the owner or user of the property has the right to
indicate the property that, according to his or her view, should
be subjected to seizure.
[22 June 2017]
Section 364.1 Permission
for the Disposal of Seized Property
(1) If the person directing the proceedings, when seizing the
property, finds that in relation to the same property there is a
registered note of a sworn bailiff on directed recovery, the
person directing the proceedings shall inform the sworn bailiff
that the property is being seized.
(2) If it is necessary for a sworn bailiff in accordance with
the procedures laid down in the Civil Procedure Law, in executing
the ruling, to direct the recovery against the seized property,
he or she shall submit an application to the person directing the
proceedings. The person directing the proceedings shall, after
assessment of the conditions of the criminal proceedings and the
essence of that claim for the satisfaction of which a note is
registered regarding bringing of collection, take a decision on
permission or prohibition for the bailiff to bring a collection
in respect of such property. If the person directing the
proceedings is a judge or a court, the application shall be
examined and the decision shall be taken in a written procedure.
An amount to be retained for the ensuring of property matters in
the criminal proceedings shall be indicated in a decision on
permission to direct recovery against the seized property. The
decision taken by the person directing the procedures shall not
be subject to appeal.
(21) If the person directing the proceedings has
received an information from an institution regarding the
alienation of immovable property for public needs, he or she
shall notify the institution about an amount to be retained for
the ensuring of property matters in the criminal proceedings.
(3) If the conditions of criminal proceedings based on the
evaluation of which the person directing the proceedings has
given the permission to a bailiff to direct recovery against a
seized property have significantly changed, the person directing
the proceedings may take the decision to prohibit directing the
recovery against the seized property notifying such decision to
the bailiff until the closing date of auction indicated in the
advertisement regarding auction or until sale of movable property
without auction.
(4) After the disposal of the seized property in accordance
with the procedures laid down in the Civil Procedure Law or after
alienation of immovable property for public needs in case a
contract regarding voluntary alienation of immovable property has
been entered into or the law on alienation of the respective
property has come into effect, but before the reimbursement of
compensation, a sworn bailiff or an institution shall
respectively notify the person directing the proceedings thereof,
asking to revoke the seizure of the disposed property, and shall
transfer the amount indicated by the person directing the
proceedings into the deposited funds account indicated by him or
her. The person directing the proceedings shall decide on the
seizure of these financial resources. The confirmation of an
investigating judge is not necessary for such decision.
[12 March 2009; 22 June 2017; 11 June 2020]
Section 365. Storage of a Seized
Property
(1) Property which has been seized may be left in storage with
the owner or user thereof, his or her family members, or another
natural person or legal person to whom the liability, provided
for by law, regarding the storage of the referred to property
shall be explained. Such persons shall sign regarding such
storage.
(2) [12 March 2009]
(21) Property which has been seized but which is
not possible to leave in storage with the persons specified in
Paragraph one of this Section shall be handed over for storage to
the institutions specified by the Cabinet with the decision of
the person directing the proceedings. The Cabinet shall determine
the procedures for storage of such property. Property the
long-term storage of which is not possible or the long-term
storage of which causes losses for the State shall be handed over
for disposal or destruction in accordance with the procedures
laid down by the Cabinet with the decision of the person
directing the proceedings. If virtual currency is seized, it
shall be handed over for disposal by a decision of the person
directing the proceedings. The Cabinet shall determine the
procedures for the disposal of virtual currency.
(22) The person directing the proceedings shall
send a copy of the decision to sell or dispose of the seized
property to the owner or lawful possessor of the seized property,
informing him or her of the right to appeal against the decision
in pre-trial criminal proceedings before the investigating judge.
Execution of the decision shall be suspended until examination of
the complaint. Suspending the execution of the decision shall not
apply to the property the long-term storage of which is not
possible. The decision of the investigating judge shall not be
subject to appeal.
(3) If such objects are being seized the circulation of which
has been prohibited by law, as well money, currency, materialised
financial instruments, bills of exchange, registered shares in
printed form and other monetary documents, articles made from
precious metals or precious stones, as well as precious metals
and precious stones, the place of storage and the procedures for
storage thereof shall by determined by the Cabinet.
(4) Monetary deposits, financial instruments and capital
shares (stocks) stored in credit institutions or investment
brokerage companies shall not be removed, but, after receipt of
the decision on the seizure of a property, withdrawal operations
with them shall be discontinued.
[12 March 2009; 14 January 2010; 22 June 2017; 11 June 2020
/ Amendment to Paragraph 2.1 shall come into force on
1 January 2021. See Paragraph 72 of Transitional
Provisions]
Section 366. Revocation of the
Seizure of Property
(1) The person directing the proceedings shall take the
decision to revoke the seizure of property, and shall immediately
notify the persons whose property has been seized, or in the
storage of whom the seized property was placed, of such
revocation. During an investigation, until the completion
thereof, the investigator shall take the decision with the
consent of the supervising prosecutor. The decision to revoke the
seizure of a property shall be taken, if:
1) a court takes a judgment of acquittal;
2) [22 June 2017];
3) the person directing the proceedings terminates criminal
proceedings with a rehabilitating decision;
4) compensation for harm has not been requested in criminal
proceedings, or a victim has withdrawn such request;
5) a criminal offence has been reclassified on the basis of
another Section of the Criminal Law that does not provide for
confiscation of property;
51) a bailiff has sold attached property with a
permission of a person directing the proceedings in accordance
with the procedures laid down in the Civil Procedure Law, in
order to execute the judgment;
6) any other reason for the ensuring of a solution to
financial matters has ceased.
(2) The person directing the proceedings may retain the
seizure of only such part of property that may be necessary for
the covering of procedural expenditures.
(3) After entering into effect of a ruling, the person
directing the proceedings shall immediately notify the person,
mortgage creditor, commercial pledgee, public register, capital
company, credit institution or investment brokerage company which
ensured the seizure of the property.
(4) If, within a month after the day when a notification
regarding revocation of the seizure of property was sent, a
person whose property was seized and whose property was
transferred in storage in accordance with Section 365, Paragraph
2.1 of this Law has not removed the property belonging
thereto, a person directing the proceedings or - after entering
into effect of the final judgment in the criminal proceedings - a
judge, prosecutor of the institution, which sent the
notification, or the head of an investigating institution or a
unit thereof shall take a decision to put up for sale or to
destroy the property. The decision shall not be subject to
appeal. The Cabinet shall determine the procedures for the
disposal and destruction of the property.
[12 March 2009; 21 October 2010; 22 June 2017; 7 October
2021]
Chapter 29 Procedural Expenditures
and the Reimbursement thereof
Section 367. Procedural
Expenditures
(1) Procedural expenditures are:
1) sums that are paid to witnesses, victims, experts,
auditors, specialists, interpreters, and other persons involved
in proceedings, in order to cover travel expenses that are
related to arriving at the place of the performance of a
procedural action, return to the place of residence, and payment
for accommodations;
2) sums that are paid to witnesses and victims as an average
work remuneration for the term wherein such persons did not
perform the work thereof in connection with participation in a
procedural action, or that investigating institutions, the Office
of the Prosecutor, or the Ministry of Justice have compensated to
the employer of the referred to persons regarding average
earnings paid out;
3) payment to experts, auditors, interpreters, and specialists
regarding work, except where such persons participate in
proceedings fulfilling the official duties thereof;
4) payment to an advocate, when expenditures regarding legal
assistance are covered from State resources;
5) sums that are used for the storage, transfer, disposal and
destruction of material evidence;
6) sums that are used for the conducting of an
expert-examination;
7) sums that are used for the protection of property;
71) expenditures that have been occasioned in an
administrative offence case in which a decision to terminate
administrative offence proceedings is taken by transferring the
materials to an investigating institution, or the ruling given is
revoked in relation to the initiation of criminal proceedings or
it has become invalid in relation to holding a person criminally
liable;
72) expenditures which are related to examinations
carried out for detection of the influence of alcohol
concentration, narcotic, psychotropic or other intoxicating
substances;
73) expenditures related to the takeover of a
person extradited by a foreign country;
8) other expenditures that have been occasioned in criminal
proceedings.
(2) The procedural expenditures referred to in Paragraph one
of this Section shall be covered from State resources in
accordance with the procedures and in the amount specified by the
Cabinet.
[28 September 2005; 19 January 2006; 17 May 2007; 30 March
2017; 27 September 2018; 19 November 2020]
Section 368. Recovery of Procedural
Expenditures
(1) Procedural expenditures shall be recovered from convicted
persons under a court ruling, except in the cases referred to in
Paragraphs three, four, five, and six of this Section. The duty
of recovery of procedural expenditures shall also fall upon
parents or guardians of a convicted minor.
(2) If several persons have been convicted with a court
judgment, the court shall determine the amount in which
procedural expenditures shall be recovered from each convicted
person. The court shall take into account the nature of the
criminal offence, and the level of liability and financial
situation of the convicted person.
(3) If a person has been acquitted with a court judgment,
procedural expenditures shall be covered from State resources. If
an accused has been partially acquitted, the procedural
expenditures that are related to the prosecution in which the
person has been found guilty and convicted may be recovered from
such person.
(4) Procedural expenditures shall be covered from the State
funds, if the person from whom such expenditures are to be
recovered is low-income person or a person in need. A court may
release a convicted person from the recovery of procedural
expenditures fully or partially in other cases as well, if the
recovery may substantially affect the financial situation of a
person who is a dependent of such convicted person.
(5) State resources shall cover the work of an interpreter, as
well as procedural expenditures that are related to the
participation of an advocate, on the basis of an assignment, in
criminal proceedings, if the person directing the proceedings has
released a person, in accordance with the procedures laid down in
the law, from payment for legal assistance.
(6) Procedural expenditures that are related to the
postponement of an investigative action or court hearing, if such
operation or session has been postponed in connection with the
non-appearance, without a justified reason, of persons summonsed
in accordance with the procedures laid down in the law, may be
recovered from such persons during pre-trial proceedings, during
trial and by a final ruling of a court or a prosecutor in
criminal proceedings in accordance with the procedures laid down
in this Law.
(61) If after the completion of criminal
proceedings information is received on the procedural
expenditures that are related to the takeover of a person
extradited by a foreign country or have arisen until the day when
the final ruling comes into effect, and that were not known on
the day when the final ruling was made, a judge of a court of
first instance shall decide the matter of such procedural
expenditures in the written procedure. If procedural expenditures
are recovered, a time period of 30 days shall be determined in
the decision for voluntary execution thereof. A copy of the
decision shall be sent to a person, against whom criminal
proceedings have been terminated due to non-exonerating
circumstances, and to a prosecutor. The person or the prosecutor
may appeal the decision within 10 days after the date when a copy
thereof was received. A higher-level court judge shall examine a
complaint in the written procedure, and his or her decision shall
not be subject to appeal.
(7) Also a prosecutor shall determine the recovery of
procedural expenditures in accordance with the procedures
provided for in this Section, if criminal proceedings are
terminated by preparing a penal order or a penal order regarding
a coercive measure, or if criminal proceedings are terminated by
conditionally releasing from criminal liability or on the basis
of other circumstances that do not exonerate the accused. If a
prosecutor takes a decision on the recovery of procedural
expenditures after the date of the entering into effect of the
final ruling, a copy of the decision shall be sent to a person,
against whom criminal proceedings have been terminated. The
person may appeal the decision within 10 days after the date of
receipt of a copy thereof to a higher-ranking prosecutor whose
decision shall not be subject to appeal.
(71) In accordance with the procedures provided for
in this Section the recovery of procedural expenditures is
determined also by the investigator if the criminal procedures
against a person have been terminated due to circumstances
non-exonerating the person. If an investigator takes the decision
to recover procedural expenditures after the date of the entering
into effect of the final ruling, a copy of the decision shall be
sent to the person against whom criminal proceedings have been
terminated. The person may appeal the decision within 10 days
after the date of receipt of a copy thereof to a prosecutor, and
the decision of the prosecutor shall not be subject to
appeal.
(8) When recovering procedural expenditures, the decision
shall determine a time period of 30 days for its voluntary
execution. The part of the extract of the decision on recovery of
procedural expenditures shall be sent for execution after the end
of the term for voluntary execution of the decision.
(9) Payment of procedural expenditures may be suspended or
divided in instalments payable over a time period up to one year
from the day when a ruling has entered into effect, if procedural
expenditures exceed one minimal monthly wage specified in the
Republic of Latvia and the person has submitted a motivated
request for suspension of payment or division thereof in
instalments. The request shall be examined in writing. The
decision shall not be subject to appeal.
[12 March 2009; 21 October 2010; 24 May 2012; 14 March
2013; 27 September 2018; 11 June 2020]
Section 368.1 Recovery of
Procedural Expenditures Related to the Postponement of
Investigative Actions or Court Hearings
(1) The person directing the proceedings, having established
during the pre-trial proceedings the procedural expenditures
referred to in Section 368, Paragraph six of this Law, may
propose to an investigating judge to decide on recovery thereof
from persons because of whom investigative actions were
postponed. The person directing the proceedings shall append
documents to the proposal, confirming the postponement of
investigative actions and the amount of procedural
expenditures.
(2) The investigating judge shall notify the person directing
the proceedings and the person because of whom investigative
actions were postponed regarding the decision taken, sending a
copy thereof.
(3) During trial a decision on recovery of such procedural
expenditures, which are related to the postponement of court
hearings, shall be taken by a court.
(4) The person may appeal the decision of the investigating
judge and court on recovery of procedural expenditures in a
higher-level court. A complaint may contain a request to repeal
the decision in general, release the person from payment of
procedural expenditure or reduce the amount thereof.
(5) A higher-level court judge shall examine the complaint in
a written procedure. The decision shall not be subject to
appeal.
(6) The matter on recovery of procedural expenditures from the
persons referred to in Section 368, Paragraph one of this Law
shall be settled in accordance with the procedures laid down in
Section 368 of this Law by a final ruling of a court or
prosecutor in criminal proceedings.
[24 May 2012]
Section 368.2 Execution
of Recovery of Procedural Expenditures Related to the
Postponement of Investigative Actions or Court Hearings
(1) If a person has not appealed the decision taken in
accordance with the procedures of Section 368.1 of
this Law on recovery of the procedural expenditures or the
submitted complaint has been rejected, the person has a duty to
voluntarily pay such expenditures within 30 days after
notification of the decision or rejection of the complaint.
(2) If a decision is not executed voluntarily, a writ of
execution on recovery of procedural expenditures shall be sent to
a sworn bailiff for execution.
[24 May 2012]
Part B Pre-trial Criminal
Proceedings and Court Proceedings in Criminal Cases
Chapter 30 Initiation and
Termination of Criminal Proceedings
Section 369. Reasons for the
Initiation of Criminal Proceedings
(1) A reason for initiating criminal proceedings is the
submission of information indicating the committing of a possible
criminal offence to an investigating institution, Office of the
Prosecutor, or court (hereinafter - the institution responsible
for the progress of criminal proceedings), or the acquisition of
such information at an institution responsible for the progress
of criminal proceedings.
(2) The information referred to in Paragraph one of this
Section may be submitted:
1) as a submission by a person who has suffered as a result of
a criminal offence;
2) by controlling and supervising institutions, in accordance
with the procedures provided for in the laws and regulations
governing the activities thereof;
3) by medical practitioners or institutions, as a report
regarding traumas, illnesses, or cases of death the cause of
which may be a criminal offence;
4) by non-governmental organisations, and authorities
protecting the rights of children, as a submission regarding
infringements upon the rights of minors the cause of which may be
a criminal offence;
5) any natural person or legal person, as information
regarding possible criminal offences from which such person has
not directly suffered;
6) as a submission by any person regarding a criminal offence
committed by such person.
(2) The reason for the initiation of criminal proceedings may
not be anonymous information or information whose submitter
refuses to disclose the source of the information.
(3) Institutions responsible for the progress of criminal
proceedings may acquire the information referred to in Paragraph
one of this Section as a result of a departmental or criminal
procedural action thereof in the following cases:
1) in directly determining a criminal offence at the time of
the committing thereof, and discontinuing such offence;
2) in directly determining clear consequences of a criminal
offence;
3) in conducting criminal proceedings regarding another
criminal offence;
4) in performing other functions specified in laws:
examinations, an investigative action, etc.
Section 370. Grounds for the
Initiation of Criminal Proceedings
(1) Criminal proceedings may be initiated, if the actual
possibility exists that a criminal offence has taken place.
(2) Criminal proceedings may also be initiated if information
contains particulars regarding a criminal offence that has
possibly taken place, and the examination of such information is
possible only with the resources and methods of criminal
proceedings.
Section 371. Initiation of Criminal
Proceedings within the Competence of Investigating institutions,
the Office of the Prosecutor, or a Court
(1) An investigator, or the direct supervisor of an
investigator, has a duty to initiate criminal proceedings, within
the framework of his or her competence, in connection with any
reason referred to in Section 369 of this Law.
(2) A prosecutor may send materials for examination to an
investigating institution or commence criminal proceedings within
the scope of his or her competence, in connection with any reason
referred to in Section 369 of this Law.
(3) A decision of a prosecutor to initiate criminal
proceedings, and the materials related to such decision, shall
immediately be sent to an investigating institution, except in
the cases referred to in Section 38, Paragraph three of this
Law.
(4) [21 October 2010]
(5) A judge or court shall send, without deciding, an
application, materials, or information acquired in trial to an
investigating institution or, in the cases determined by law, to
the Office of the Prosecutor.
[19 January 2006; 21 October 2010]
Section 372. Procedures for the
Initiation of Criminal Proceedings
(1) Criminal proceedings shall be initiated by a procedurally
authorised official by taking a decision that indicates:
1) the reason and grounds for the initiation thereof;
2) a short description of the offence, insofar as such
description is known at the moment of initiation;
3) the person against whom the proceedings have been
initiated, if such person is known;
4) the institution or specific person to whom the conducting
of the proceedings has been assigned.
(2) A decision may also be written in the manner of a
resolution. Also the institution or person to whom the management
of the proceedings has been assigned may be indicated in such
decision.
(3) In an emergency case, a decision may be recorded in the
manner of a resolution in the minutes of the first emergency
investigative action.
(4) A decision to initiate criminal proceedings shall not be
subject to appeal.
(5) Information regarding the initiation of criminal
proceedings shall be sent within 24 hours to the prosecutorial
institution which is responsible for the supervision of the
investigation. Information regarding commencement of criminal
proceedings shall be sent to the person who submitted information
regarding the criminal offence, except for medical practitioners,
an institution or a person who has been informed of the
commencement of criminal proceedings as a result of investigative
actions, within three working days.
(6) A prosecutorial institution shall notify the person
directing the proceedings regarding the data of the supervising
prosecutor within 24 hours after receipt of information.
(61) If the criminal proceedings have been
initiated regarding a criminal offence which can affect the
determination of the amount of taxes, a person directing the
proceedings shall notify thereof the State Revenue Service.
(7) Information regarding initiated criminal proceedings,
determined criminal offences, persons directing the proceedings,
persons who have the right to defence and victims shall be
registered in the information system. The amount of information
to be included in the information system, the procedures for
entering, use and deletion of information, terms for storage of
information, as well as the institutions to which the access to
the information system is to be granted, shall be determined by
the Cabinet.
[12 March 2009; 21 October 2010; 20 June 2018]
Section 373. Refusal to Initiate
Proceedings
(1) If a procedurally authorised official determines that
there are no grounds for the commencement of criminal
proceedings, such official shall take a decision which may be
written also in the manner of a resolution and shall notify the
person who has submitted information regarding the committing of
a possible criminal offence, except for medical practitioners or
institutions, regarding such decision. If a reasoned written
decision has been taken, a copy of the decision shall be sent to
the person.
(2) The circumstance that information does not contain
sufficient information for the initial qualification of an
offence may not be grounds for the non-initiation of
proceedings.
(21) An investigator with a consent of a prosecutor
or a prosecutor may refuse to initiate criminal proceedings, if a
misdemeanour has been committed.
(3) If information contains particulars regarding a violation
of the law for the disclosure of which the use of the resources
and methods of criminal proceedings is not necessary, such
information shall be sent to the competent authority for the
performance of a departmental examination. By a departmental
examination within the meaning of this Law shall be meant an
examination performed by the State authority and officials
thereof in respect of possible violation of the law using powers,
which are not criminal procedural powers, specified in the law
governing the operation of such authority.
(4) [30 March 2017]
(5) The persons referred to in Section 369, Paragraph two,
Clauses 1, 2, and 4 of this Law may appeal a decision, within 10
days after receipt of a report, on refusal to initiate criminal
proceedings to a prosecutor, if the decision has been taken by an
investigator, or, if the decision has been taken by a prosecutor,
to a higher-ranking prosecutor.
(6) A complaint to a prosecutor regarding the non-initiation
of criminal proceedings shall be examined within 10 days from
receipt of the complaint or the day of availability of the
translation thereof if the complaint has not been submitted in
the official language. In exceptional cases, when additional time
is necessary for examination of the complaint, it is permissible
that it be examined within 30 days, notifying the submitter of
the complaint thereof.
(7) In satisfying a complaint regarding a decision to refuse
the initiation of criminal proceedings, a prosecutor may fully or
partially revoke or amend the appealed decision. The ruling of
the prosecutor, by which the complaint is refused or satisfied,
shall not be subject to appeal. Information regarding deciding on
the complaint shall be sent to the person who submitted the
complaint.
[28 September 2005; 19 January 2006; 12 March 2009; 21
October 2010; 29 May 2014; 30 March 2017; 11 June 2020]
Section 374. Record-keeping of
Criminal Proceedings
(1) From the moment of the initiation of criminal proceedings,
all the documents related to such proceedings shall be stored
together in a criminal case. The referred to documents shall be
removed from such case only on the basis of a decision and in
accordance with the norms of this Law.
(2) Objects containing an official secret shall be compiled in
a separate volume.
[12 March 2009]
Section 375. Familiarisation with
the Materials of a Criminal Case
(1) During criminal proceedings, the materials located in the
criminal case shall be a secret of the investigation, and the
officials who conduct the criminal proceedings, as well as the
persons to whom the referred to officials present the relevant
materials in accordance with the procedures provided for in this
Law, shall be permitted to familiarise themselves with such
materials.
(2) After the completion of criminal proceedings and entering
into effect of the final ruling, employees of courts, the Office
of the Prosecutor, investigating institutions and institutions
executing criminal sentences, and persons whose rights were
infringed in the specific criminal proceedings, as well as
persons who perform scientific activities are allowed to become
acquainted with the materials of the criminal case. All final
rulings in criminal cases, ensuring protection of the information
specified by law, shall be publicly accessible.
(3) Information regarding the place of residence and telephone
number, or the number (address) of other means of communication,
of a person (except for a person who has the right to defence)
involved in criminal proceedings shall be stored in a separate
reference that shall be attached to a criminal case, and only the
officials who conduct the criminal proceedings may familiarise
themselves with such reference.
(31) Documents which are related to informing of a
victim regarding release of such arrested or convicted person or
escape of the latter from a place of imprisonment who has caused
harm to the former, shall be kept with the reference referred to
in Paragraph three of this Section, and only the officials
performing criminal proceedings may become acquainted with
them.
(4) Persons involved in the criminal proceedings and which
have the right to familiarise with the materials of a criminal
case shall be notified in writing regarding the duty to keep an
official secret and regarding the liability which is intended for
disclosure of the official secret. Making of copies of the
documents containing the official secret is not permissible.
[12 March 2009; 18 February 2016; 27 September
2018]
Section 375.1 Rights of
Journalists to Acquaint Themselves with Materials of a Criminal
Case
(1) After completion of criminal proceedings and coming into
effect of the final ruling, journalists (within the meaning of
the law On the Press and Other Mass Media) may submit a reasoned
request to the institution which took the decision to complete
criminal proceedings for becoming acquainted with materials of a
criminal case if this is necessary for informing the public in
order to promote the protection of significant State and public
interests.
(2) Access to materials of a criminal case shall be refused
if:
1) the objective indicated in the request can be achieved by
becoming acquainted with the final ruling taken in the criminal
proceedings;
2) criminal proceedings were completed on the basis of
exoneration of the person;
3) criminal proceedings were examined in a closed court
hearing;
4) criminal proceedings were initiated regarding a criminal
offence against morals and sexual inviolability;
5) a State or adoption secret needs to be protected;
6) a minor or person who has helped to disclose a criminal
offence committed by another person or for whom special
procedural protection has been determined is involved in the
criminal proceedings.
(3) Access to materials of a criminal case or their part may
be refused also due to the following:
1) in order not to disclose special categories of personal
data of the persons involved in the criminal proceedings;
2) in order to protect a professional secret or commercial
secret;
3) in order to ensure the protection of fundamental rights of
the persons involved in criminal proceedings;
4) if the pre-trial criminal proceedings might be renewed;
5) if the work resources of the institution that must be
invested in executing the request are incommensurably high.
(4) The decision on allowing to become acquainted with
materials of a criminal case or their part or on the refusal to
become acquainted with materials of a criminal case shall be
taken within 30 days by:
1) the head of the investigating institution or a person
authorised by him or her - when the criminal proceedings have
been completed in an investigating institution;
2) chief prosecutor or the European Prosecutor - when the
criminal proceedings have been completed in an Office of the
Prosecutor;
3) a judge - when the criminal proceedings have been completed
in a court.
(5) The decision on allowing to become acquainted with
materials of a criminal case or their part may be drawn up in the
form of a resolution. When refusing to become acquainted with
materials of a criminal case or their part, a reasoned decision
shall be taken.
(6) The decision referred to in Paragraph four of this Section
may be appealed within 10 days. A complaint shall be examined in
written procedure within 30 days by:
1) the chief prosecutor of the Office of the Prosecutor whose
prosecutor monitored the investigation - when the decision has
been taken in an investigating institution;
2) a higher-ranking prosecutor - when the decision has been
taken in an Office of the Prosecutor;
3) a judge of a higher level court - when the decision has
been taken in a court.
(61) The decision of the European Prosecutor to
allow to become acquainted with materials of a criminal case or
their part or to refuse to become acquainted with materials of a
criminal case shall not be subject to appeal.
(7) When allowing to become acquainted with materials of a
criminal case, a journalist shall be warned in writing of the
prohibition to make copies or transcripts of the materials of the
criminal case or to reproduce them in any other manner, to
transfer to third persons or otherwise disseminate the
information contained in the materials of the criminal case that
is not subject to publishing, and also of the liability for
violating this prohibition. Journalists may be allowed to copy
separate materials of a criminal case if they do not contain
special categories of personal data, professional or commercial
secrets, or any other information related to the protection of
fundamental rights of persons.
[27 September 2018; 7 January 2021]
Section 376. Criminal Proceedings
Register
[20 June 2018]
Section 377. Circumstances that
Exclude Criminal Proceedings
The initiation of criminal proceedings shall not be permitted,
and initiated criminal proceedings shall be terminated, if:
1) a criminal offence has not taken place;
2) the committed offence does not constitute a criminal
offence;
3) a limitation period has entered into effect;
4) an accepted act of amnesty that prevents the imposition of
a punishment for the relevant criminal offence;
5) a person who is to be held or is held criminally liable has
died, except where proceedings are necessary in order to
exonerate a deceased person;
6) a judgment, or a decision of the person directing the
proceedings, on termination of criminal proceedings in the same
prosecution against a person who has previously been held
criminally liable regarding the same criminal offence has entered
into effect;
7) such criminal proceedings are directed against a foreign
national or stateless person regarding illegal crossing of the
State border, and such foreign national or stateless person has
been forcibly deported from the Republic of Latvia regarding such
criminal offence;
8) an application of a victim does not exist in criminal
proceedings that may be initiated only on the basis of an
application of such person;
9) a settlement between a victim and a suspect or accused has
taken place in criminal proceedings that may be initiated only on
the basis of an application of a victim and the harm inflicted by
the criminal offence has been completely eliminated or
reimbursed;
10) the circumstances that exclude criminal liability referred
to in the Criminal Law have been determined.
[21 October 2010; 18 February 2016]
Section 378. Suspension and Renewal
of Criminal Proceedings
(1) The person directing the proceedings shall suspend
criminal proceedings, if all the procedural actions that are
possible without a suspect or accused have been performed, and
if:
1) the suspect or accused has contracted an illness that is an
obstacle, for a longer term, to the performance of procedural
actions with the participation of such person, and such
contraction of the illness has been certified by a conclusion
issued by a medical institution;
2) the suspect or accused is in hiding and the whereabouts
thereof are unknown; or
3) the whereabouts of the suspect or accused are known, but he
or her is located outside of the territory of Latvia;
4) the person who is to be held criminally liable has immunity
from criminal proceedings and permission to initiate criminal
prosecution has not been received from the competent
authority;
5) other cases determined in this Law exist.
(11) If for a correct decision on criminal
proceedings an essential evidence is a court judgment in some
other incomplete proceedings, a person directing the proceedings
may suspend the criminal proceedings up to the time when the
judgment in such proceedings has entered into effect.
(12) If it is necessary to receive in criminal
proceedings a decision of the Permanent Chambers of the European
Public Prosecutor's Office, a person directing the proceedings
may suspend the criminal proceedings up to the time when the
decision of the Permanent Chambers of the European Public
Prosecutor's Office has been received.
(2) If, in a criminal case with several suspects or accused
persons, criminal proceedings are suspended against one or
several of such persons, the criminal proceedings may be
continued in relation to the other suspects or accused persons,
simultaneously deciding the matter regarding the division of the
criminal case in accordance with the procedures laid down in this
Law.
(3) Criminal proceedings shall be renewed, if the reason for
the suspension of the criminal proceedings has ceased to
exist;
(4) A decision to suspend criminal proceedings, as well as to
renew them may be written also in the manner of a resolution. The
decision to suspend criminal proceedings or the decision to renew
criminal proceedings shall not be subject to appeal.
(5) If a suspect or accused is hiding and the whereabouts
thereof are unknown, the person directing the proceedings shall
take a decision on a search for the referred to person and
transfer for execution to persons performing investigative field
work within the competence thereof.
(6) In case of suspension of the criminal proceedings
procedural activities may be performed with a purpose to find out
the place of location of a person announced for a search.
[28 September 2005; 12 March 2009; 20 June 2018; 11 June
2020; 7 January 2021]
Section 379. Termination of Criminal
Proceedings, Releasing a Person from Criminal Liability
(1) An investigator with a consent of a supervising
prosecutor, prosecutor or a court may terminate criminal
proceedings, if:
1) a misdemeanour has been committed;
2) the person who has committed a criminal violation or a less
serious crime has made a settlement with the victim or his or her
representative in the cases determined in the Criminal Law;
3) a criminal offence has been committed by a minor and
special circumstances of the committing of the criminal offence
have been determined, and information has been acquired regarding
the minor that mitigates his or her liability;
4) it is not possible to complete the criminal proceedings
within reasonable term;
5) the person committed the criminal offence during the time
period when he or she was subject to human trafficking and was
forced to commit the offence.
(2) An investigator, with the consent of a supervising
prosecutor, or a prosecutor may terminate criminal proceedings,
and send materials regarding a minor for the application of a
compulsory measure of a correctional nature.
(3) A prosecutor may terminate criminal proceedings,
conditionally releasing from criminal liability.
(4) The termination of criminal proceedings on the basis of a
settlement shall not be permitted, if information has been
acquired that the settlement was achieved as a result of threats
or violence, or by the use of other illegal means.
(5) The termination of criminal proceedings, releasing a
person from criminal liability, shall not be permitted, if the
person who has committed the criminal offence, or the
representative thereof, objects to such termination.
[12 March 2009; 20 December 2012; 11 June 2020]
Section 380. Circumstances that do
not Exonerate Persons
A person shall not be exonerated if criminal proceedings have
been terminated by a decision that is provided for in Section
377, Clauses 3, 4, 5 and 9, Section 379, Paragraphs one and two,
Section 410, Paragraph one, Section 415, Section
415.1, Paragraph one, Section 421, Section 605,
Paragraph one, or Section 615, Paragraph three of this Law, or in
the case of a judgment of conviction.
[12 March 2009; 19 November 2020]
Section 381. Actualisation of a
Settlement
(1) In the case of a settlement, an intermediary trained by
the State Probation Service may facilitate the conciliation of a
victim and the person who has the right to defence.
(2) In determining that a settlement is possible in criminal
proceedings, and that the involvement of an intermediary is
useful, the person directing the proceedings may inform the State
Probation Service of such possibility or usefulness, but if the
criminal offence was committed by a minor, then the State
Probation Service shall be informed in any case, except when the
settlement has already been entered into.
(3) A settlement shall indicate that such settlement has been
entered into voluntarily, with each party understanding the
consequences and conditions thereof. A settlement shall be
attached to a criminal case.
(4) During a court hearing, a settlement may be announced
orally, and such announcement shall be entered in the minutes of
the court hearing.
(5) A settlement shall be signed by both parties - the victim
and the person who has the right to defence - in the presence of
the person directing the proceedings or an intermediary trained
by the State Probation Service, who shall certify the signatures
of the parties. The parties may also submit a notarially
certified settlement to the person directing the proceedings.
[20 December 2012; 14 March 2013]
Section 382. Procedures for
Performing Procedural Actions
(1) Within the framework of criminal proceedings, the person
directing the proceedings shall select and perform procedural
actions in order to ensure the achievement of the objective of
criminal proceedings as quickly and economically as possible.
(2) If necessary and if required by the interests of criminal
proceedings, a procedural action may be performed using technical
means (teleconference, video conference) in accordance with the
procedures laid down in Section 140 of this Law.
Section 382.1
Distribution of Information via the Integrated Information System
of the Internal Affairs
(1) If it is necessary to find out the location of a person,
property or document in the criminal proceedings and in relation
thereto it is not assigned to take measures of operational
activities, the person directing the proceedings may decide on
inclusion of the information in the Integrated Information System
of the Internal Affairs for finding out the location of a person,
property or document.
(2) If during criminal proceedings the necessity has
disappeared or the grounds to find out the location of a person,
property or document have disappeared, the person directing the
proceedings shall decide on deletion of the information from the
Integrated Information System of the Internal Affairs, but, if in
relation to this it is assigned to take the measures of
operational activities - inform the persons performing
investigative field work.
(3) The amount of information to be included in the Integrated
Information System of the Interior Affairs, the grounds for
inclusion of information and the purpose, the procedures for
inclusion, use and deletion of information, the institutions to
which the access to the information included in such system is to
be granted, as well as the action in determining a person,
property or document regarding which the information is included
in the Integrated Information System of the Internal Affairs,
shall be determined by the Cabinet.
[12 March 2009]
Section 383. Renewal of a Lost
Criminal Case
(1) If a criminal case has been lost, a prosecutor or court
shall take a decision on renewal thereof and, if necessary,
transfer such case to an investigating institution.
(2) The materials of a criminal case shall be renewed by
preparing copies of the relevant documents, if the acquisition of
such document is possible, and by performing de novo the
necessary procedural actions.
[21 October 2010]
Division Seven
Pre-trial Criminal Proceedings
Chapter 31 General Provisions of
Pre-trial Criminal Proceedings
Section 384. Content of Pre-trial
Criminal Proceedings
In pre-trial criminal proceedings, performing an investigation
and criminal prosecution, the following shall be ascertained:
1) whether a criminal offence has taken place;
2) the person who is to be held criminal liable;
3) whether grounds exist for the termination or completion of
criminal proceedings, or the directing thereof to court.
Section 385. Forms of Pre-trial
Criminal Proceedings
(1) During the course of criminal proceedings, the person
directing the proceedings shall select one of the following forms
of pre-trial proceedings:
1) to direct criminal proceedings in order to terminate such
proceedings, conditionally releasing from criminal liability;
2) to direct criminal proceedings in order to apply a
prosecutor's penal order;
3) to direct criminal proceedings in accordance with urgent
procedures;
4) [20 June 2018];
5) to direct criminal proceedings for the application of
agreement proceedings;
6) to perform an investigation and criminal prosecution in
accordance with general procedures.
(2) [20 June 2018]
[20 June 2018]
Section 386. Investigating
Institutions
The following institutions shall perform an investigation
within the framework of the competence thereof:
1) the State Police;
2) the State Security Service;
3) Internal Security Department of the State Revenue
Service;
4) the Military Police;
5) the Latvian Prison Administration;
6) the Corruption Prevention and Combating Bureau;
7) the Tax and Customs Police of the State Revenue
Service;
8) the State Border Guard;
9) the captains of seagoing vessels at sea;
10) the commander of a unit of the Latvian National Armed
Forces located in the territory of a foreign country;
11) the Internal Security Bureau.
[21 October 2010; 8 July 2015; 28 September 2017; 11 June
2020]
Section 387. Institutional
Jurisdiction
(1) Officials authorised by the State Police shall investigate
any criminal offence, except in the cases laid down in Paragraphs
two to 10.1 of this Section, unless the Prosecutor
General has assigned the performance thereof.
(2) Officials authorised by the State Security Service shall
investigate criminal offences that have been made in the field of
State security or in State security institutions, or other
criminal offences within the framework of the competence thereof
and in cases where the Prosecutor General has assigned the
performance thereof.
(3) Officials authorised by the Internal Security Department
of the State Revenue Service shall investigate criminal offences
which have been found in the actions of officials and employees
of the State Revenue Service and are related to the fulfilment of
the official duties.
(4) Officials authorised by the Military Police shall
investigate criminal offences in the military service, as well as
criminal offences which have been committed in military units, in
the places of deployment thereof, or in the objects in possession
or holding of the Ministry of Defence, as well as criminal
offences committed by soldiers, national guardsmen, or civilians
working in military units or in the objects in possession or
holding of the Ministry of Defence in relation to execution of
their service (work) duties.
(5) Officials authorised by the Latvian Prison Administration
shall investigate criminal offences committed by detained or
convicted persons, or by employees of the Latvian Prison
Administration in places of imprisonment.
(6) Officials authorised by the Corruption Prevention and
Combating Bureau shall investigate criminal offences that are
related to violations of the provisions of the financing of
political organisations (parties) and the associations thereof,
and criminal offences in the State Authority Service, if such
offences are related to corruption.
(7) Officials authorised by the Tax and Customs Police of the
State Revenue Service shall investigate criminal offences in the
field of State revenue and customs matters.
(8) Officials authorised by the State Border Guard shall
investigate criminal offences that are related to the illegal
crossing of the State border, the illegal transportation of a
person across the State border, or illegal residence in the
State, as well as criminal offences committed by a border guard
as a State official which are not related to violence.
(9) Captains of seagoing vessels at sea shall investigate
criminal offences committed on vessels of the Republic of
Latvia.
(10) The commander of a unit of the Latvian National Armed
Forces shall investigate criminal offences committed by the
soldiers of such unit, or that have been committed at the
location of the deployment of such unit (in the closed territory
of the place of residence), if the relevant investigating
institutions of the foreign country are not investigating such
offences.
(101) Officials authorised by the Internal Security
Bureau shall investigate criminal offences committed by the
officials and employees of institutions subordinate to the
Ministry of the Interior, except for the State Security Service,
as well as criminal offences related to violence which, upon
performing of service duties, have been committed by officials of
the Latvian Prison Administration with special service ranks,
employees of the municipality police, and employees of the port
police.
(11) The Prosecutor General shall determine the institutional
jurisdiction of specific criminal offences.
(12) If the investigation of a specific criminal offence is
under the jurisdiction of more than one investigating
institutions, the institution that initiated criminal proceedings
first shall investigate such criminal offence.
(13) If an investigating institution receives information
regarding a criminal offence that is taking place or has taken
place and the investigation of such offence is not included in
the competence thereof, and the conduct of emergency
investigative actions is necessary for the detention of the
perpetrator of the offence or for recording evidence, such
institution shall initiate criminal proceedings, inform the
relevant competent investigating institution of such initiation
of proceedings, conduct the emergency investigative actions, and
transfer the materials of the initiated criminal proceedings on
the basis of jurisdiction.
(14) The Prosecutor General shall resolve the disputes of
investigating institutions regarding the jurisdiction of criminal
offences and also the disputes of investigating institutions and
the European Public Prosecutor's Office regarding the
jurisdiction of criminal offences in the cases specified in
Regulation No 2017/1939.
[28 September 2005; 12 March 2009; 8 July 2015; 28
September 2017; 20 June 2018; 11 June 2020; 7 January 2021; 7
October 2021]
Section 388. Territorial
Jurisdiction of Pre-trial Criminal Proceedings
(1) Pre-trial criminal proceedings shall take place in the
district (city) in which a criminal offence has taken place, or,
if such place cannot be determined, the place where a criminal
offence was detected or established, except in the cases
determined in this Section.
(2) In order to ensure faster and more economical pre-trial
criminal proceedings, such proceedings may also be initiated and
conducted at the place where the criminal offence has been
disclosed, or where the consequences of such offence have entered
into effect, as well as at the place where the suspect, accused,
victim, or the majority of witnesses are located.
(3) In the case of prolonged or continued criminal offences,
pre-trial criminal proceedings shall take place in the district
(city) in which the relevant offence was completed or
interrupted.
(4) If criminal offences have been committed in several
districts, pre-trial criminal proceedings shall take place in the
district (city) in which such offences were mainly committed, in
which the most serious criminal offence was committed, or in
which the last of the criminal offences was committed.
(5) The investigating institution, or prosecutor, that has
received information regarding a criminal offence committed in
another district (city) shall immediately transfer the received
materials on the basis of jurisdiction. If emergency operations
are necessary, the investigating institution shall initiate
criminal proceedings, conduct the emergency investigative
actions, and transfer the materials of the initiated criminal
proceedings on the basis of jurisdiction.
(51) The manager of the investigating institution
or his or her deputy is entitled within the competence thereof to
remove any criminal proceedings from one structural unit and
transfer to another structural unit of the institution with an
order written in the manner of a resolution.
(6) The Prosecutor General or a chief prosecutor may remove,
within the framework of the competence thereof, any criminal case
from one investigating or prosecutorial institution and, with an
order written in the manner of a resolution, transfer such case
to another investigating or prosecutorial institution, or
transfer such case from one prosecutor or investigator to another
prosecutor or investigator regardless of the place of the
committing of the criminal offence.
(7) The chief prosecutor of a court district, the chief
prosecutor of the Criminal Justice Department of the Office of
the Prosecutor General, or the Prosecutor General shall resolve,
within the framework of the competence thereof, a dispute
regarding territorial jurisdiction in pre-trial criminal
proceedings.
[12 March 2009]
Section 389. Time Period for the
Restriction of Rights of a Person in Pre-trial Criminal
Proceedings
(1) From the moment when a person who has the right to defence
is involved in pre-trial criminal proceedings, the pre-trial
criminal proceedings against this person must be completed or all
security measures must be revoked within the following time
periods:
1) regarding a criminal violation - within six months;
2) regarding a less serious crime - within nine months;
3) regarding a serious crime - within twelve months;
4) regarding an especially serious crime - within twenty two
months;
(11) From the moment when the property of a person
in pre-trial criminal proceedings is seized, such seizure must be
revoked within the time period referred to in Paragraph one of
this Section.
(2) In criminal proceedings regarding several less serious
crimes, as well as in criminal proceedings regarding a serious or
especially serious crime, the investigating judge may extend the
time period specified in Paragraph 1.1 of this Section
by six more months, but by not more than three months in one
extension, if the person directing the proceedings has not
allowed for a delay, or the proceedings could not be completed
faster due to the particular complexity of such proceedings. In
criminal proceedings regarding a serious or especially serious
crime which in its nature is focused on the gaining of financial
or other kind of benefit or which is related to terrorism, or
which has been committed in an organised group, the investigating
judge may extend the time period for the restriction of rights by
three more months in relation to, possibly, criminally acquired
property, resources that a person has gained from disposal of
such property, as well as the yield received as a result of the
use of the criminally acquired property. A copy of a decision
shall be sent to the person referred to in Paragraph one of this
Section.
(21) If a person is suspected in one criminal
proceedings or accused of a criminal offence which is involved
with more serious crime committed by another person to be
investigated in the same criminal proceedings, an investigating
judge may extend the term for restriction of rights for such
person according to the crime in involvement.
(3) The time periods referred to in Paragraph one or
1.1 of this Section shall be suspended, if the
criminal proceedings are suspended.
(4) From the day when the person directing the proceedings has
transferred to the district (city) Court Registry a decision to
initiate proceedings regarding criminally acquired property and
the materials attached to such decision until the day when a
court ruling regarding criminally acquired property has entered
into effect the time period for restriction of the right in
relation to the property regarding which proceedings as for
criminally acquired property have been initiated shall be
suspended.
(5) The time periods for restricting the rights of persons
with regard to a property which has been seized within the
proceedings regarding the application of a coercive measure to a
legal person shall be suspended from the moment when the
prosecutor has submitted to the district (city) Court Registry
the decision to transfer the proceedings regarding the
application of a coercive measure to a legal person to the court
until the date on which the ruling on the application of a
coercive measure to a legal person enters into effect.
[2 September 2005; 12 March 2009; 24 May 2012; 20 December
2012; 14 March 2013; 22 June 2017; 27 September 2018]
Section 390. Merger of Pre-trial
Criminal Proceedings
(1) Several criminal proceedings may be merged in one record,
if:
1) the manner of the committing of the criminal offences
indicates, with a high degree of certainty, the mutual connection
thereof;
2) the determined facts testify that the criminal offences
have been committed by one and the same person;
3) the merger of the cases has been requested by a suspect,
accused, or the representative or defence counsel thereof.
(2) Criminal proceedings regarding criminal offences that have
been committed by the one and the same persons, or mutually
connected persons, and that have features of organised crime
shall be merged in one record.
(3) The chief prosecutor of a district (city), court district,
or of the Criminal Justice Department of the Office of the
Prosecutor General, or the Prosecutor General shall take the
decision, on the basis of a proposal of the person directing the
proceedings and within the scope of the competence thereof, on
the merger of criminal proceedings in one proceeding. The
decision may be written also in the manner of a resolution and it
shall not be subject to appeal.
(4) Merging the criminal proceedings the term for restriction
of the rights of a person shall be calculated from the beginning
of the onflow of the first term for restriction of the rights of
a person taking into account the more serious criminal offence in
the merged criminal proceedings.
[28 September 2005; 12 March 2009; 20 June 2018]
Section 391. Division of Pre-trial
Criminal Proceedings
(1) The person directing the proceedings shall separate
criminal proceedings in separate records, if:
1) information has been received, in the pre-trial
proceedings, regarding a criminal offence committed by another
person, and such offence is not related to the initiated criminal
proceedings;
2) the identity of the person who committed the criminal
offence in a group has not been ascertained in the pre-trial
proceedings.
(2) The person directing the proceedings may separate criminal
proceedings in the following in separate records:
1) a suspect or accused who has committed a criminal offence
in a group but is hiding, and his or her whereabouts are unknown,
or the whereabouts of the suspect or accused are known, but he or
she is located outside of the territory of Latvia and cannot
participate in proceedings;
2) an accused who is a minor and who has committed a criminal
offence together with a person of legal age;
3) another criminal offence possibly committed by a suspect or
an accused that has become known during pre-trial
proceedings;
4) a person for whom special procedural protection has been
specified;
5) a person who has significantly helped to discover serious
or especially serious crime.
(3) An investigator with the consent of a supervising
prosecutor or a prosecutor may also divide criminal
proceedings:
1) because of the large volume of such proceedings;
2) if it concerns several criminal offences;
3) if it causes an impediment to the governing of the
relations of the criminal proceedings within reasonable
terms.
(4) The person directing the proceedings shall take a decision
on the division of criminal proceedings that shall also
simultaneously be recognised as a decision for the initiation of
new criminal proceedings. The date of the initiation of the new
criminal proceedings is the date of the taking of the
decision.
(41) In the cases specified in Paragraph one and
Paragraph two, Clause 3 of this Section, the time period for the
restriction of rights of a person in the separated criminal
proceedings shall be counted from the moment when the person
directing the proceedings has involved a person who has the right
to defence in procedural activity in relation to this criminal
offence or has seized the property. In other cases the term shall
not be counted anew.
(5) The person directing the proceedings shall indicate the
following in a decision on the division of criminal
proceedings:
1) the reason and grounds for the division of the criminal
proceedings and the initiation of the new criminal
proceedings;
2) the personal data of the suspect or accused (if such data
is known) in relation to whom the criminal proceedings is being
divided;
3) the essence of the prosecution;
4) the qualification of the criminal offence, if such
qualification is known;
5) the security measure, and the dates and term of the
application thereof.
(6) Originals or copies of the separated case materials and a
list thereof shall be attached to a decision on division of
criminal proceedings.
(7) A decision on division of criminal proceedings shall not
be subject to appeal. The person directing the proceedings shall
notify the person who has the right to defence in the proceedings
divided of the decision taken.
[28 September 2005; 12 March 2009; 20 December 2012; 18
February 2016; 27 September 2018; 19 November 2020]
Section 392. Termination of
Pre-trial Criminal Proceedings and Criminal Prosecution
(1) The person directing the proceedings shall terminate
pre-trial criminal proceedings and criminal prosecution, if the
circumstances referred to in Section 377 of this Law have been
ascertained.
(2) If the proving of the guilt of a specific suspect or
accused in the committing of a criminal offence has not been
successful in pre-trial proceedings, and the gathering of
additional evidence is not possible, the investigator, with a
consent of the supervising prosecutor, or the higher-level
prosecutor shall take a decision to terminate the criminal
proceedings or part thereof against a person. If the criminal
proceedings are terminated in the part against person, the
pre-trial proceedings shall be continued.
(21) The investigator may, with a consent of the
supervising prosecutor, terminate criminal proceedings for a
misdemeanour, if it was not possible to determine the person who
committed it.
(22) An investigator with the consent of a
supervising prosecutor or a prosecutor with the consent of a
higher-ranking prosecutor may take the decision in criminal
proceedings regarding money laundering to terminate the criminal
proceedings or part thereof if fair regulation of property
relations has been achieved, the guilt of a person in the
committing of a criminal offence has not been proved in pre-trial
criminal proceedings, and the obtaining of additional evidence
will not ensure economical pre-trial criminal proceedings or will
cause incommensurably high expenditures. If the circumstances for
terminating criminal proceedings have changed, the criminal
proceedings shall be renewed by taking a decision that is not
subject to appeal.
(3) If a case has several accused, but criminal prosecution is
being terminated in relation to one or several of such accused,
criminal proceedings shall be terminated in such part, and a
prosecutor shall take a decision on such termination.
(4) If criminal proceedings are terminated in the part in
relation to one or several accused, a prosecutor shall, if
necessary, decide the matter regarding the division of the
criminal proceedings.
(5) [21 October 2010]
[12 March 2009; 21 October 2010; 30 March 2017; 11 June
2020; 19 November 2020]
Section 392.1 Decision to
Terminate Criminal Proceedings
(1) If, in pre-trial proceedings, circumstances have been
determined that do not allow for criminal proceedings or may be
grounds for the release of a person from criminal liability, or
if guilt of the suspect or accused has not been proven and the
gathering of additional evidence is not possible, the person
directing the proceedings shall take a decision to terminate the
criminal proceedings or a part thereof.
(2) The descriptive part of a decision shall indicate the
following:
1) the grounds for the initiation of criminal proceedings;
2) information regarding the personality of a suspect or
accused;
3) when the prosecution was pursued and issued, and the
criminal offence regarding which the prosecution has been pursued
and issued or regarding which a person is being held suspect;
4) the applied security measure;
5) whether criminal proceedings were terminated in a part
thereof against one of the accused or suspects before the taking
of such decision.
(3) The reasoned part of a decision shall indicate the reasons
and grounds for the termination of criminal proceedings or a part
thereof.
(4) The operative part of a decision shall indicate the
following:
1) the taken decision to terminate criminal proceedings or a
part thereof;
2) the revocation of a security measure;
3) the revocation of the seizure of property, except when the
proceedings regarding criminally acquired property are
transferred to a court;
4) a decision regarding confiscation of object for committing
a criminal offence, property related to a criminal offence, and
criminally acquired property;
41) actions with the material evidence, property
related to criminal offence, criminally acquired property, as
well as other removed objects, documents, and valuables;
5) the procedures for the appeal of the decision.
(41) If criminal proceedings and proceedings
regarding application of a coercive measure to a legal person are
terminated concurrently, the person directing the proceedings
shall draw up one decision and, in addition to the information
specified in this Section, shall also include the information
specified in Section 441.4, Paragraph one of this Law
in the decision.
(42) If during the criminal proceedings it was not
possible to determine the person who committed the criminal
offence and the limitation period of criminal liability has
entered into effect, the decision on termination of criminal
proceedings may be written in the form of a resolution,
indicating the justification for entering into effect of the
limitation period, the official who took the decision, and the
date of taking of the decision.
(5) A taken decision shall be immediately notified to the
person or institution on the basis of a submission of which
criminal proceedings were initiated. A copy of the decision to
terminate criminal proceedings shall be immediately sent to the
supervising prosecutor, but to a victim and person who has the
right to defence a copy of the decision to terminate criminal
proceedings shall be sent or issued explaining the right to
familiarise with the materials of the criminal case within 10
days from the day of receipt of the decision. If criminal
proceedings have been terminated in any part thereof, then a
victim has the right to familiarise with those materials of the
criminal case which directly apply to him or her, but a person
who had the right to defence may familiarise with materials of
the criminal case after termination of all pre-trial criminal
proceedings.
(51) A person directing the proceedings shall send
a copy of a decision to terminate criminal proceedings to the
persons referred to in Section 369, Paragraph two, Clauses 2 and
4 of this Law and to such persons whose rights were infringed in
the particular criminal proceedings, or issue upon their
request.
(52) When taking the decision on termination of
criminal proceedings in the form of a resolution, a notification
of the decision taken where its content is included by explaining
the rights to become acquainted with the materials of the
criminal case within 10 days after the day of receipt of the
notification, shall be sent to the persons referred to in
Paragraph five of this Section.
(6) If criminal proceedings have been terminated, but the
materials of the criminal case contain information regarding
facts in connection with which disciplinary coercion measures or
an administrative penalty should be applied to a person, the
person directing the proceedings shall send the necessary
materials to the competent authority or official.
(7) If the criminal proceedings are terminated, but the
criminal case contains information that the offence was committed
by a minor, who has not reached 14 years of age, the person
directing the proceedings shall decide the sending of the
material to a court for the application of a compulsory measure
of a correctional nature.
(8) If a victim who is not fluent in the official language and
whose permanent place of residence is in a foreign country, has
applied a request to receive a written translation of the
decision on termination of proceedings, the person directing the
proceedings shall send a written translation of the
abovementioned decision to the victim.
(9) If criminal proceedings are terminated based on reasons
other than exoneration of a person, the person directing the
proceedings shall, in the cases laid down in this Law, decide on
sending the materials to a court for taking a decision in
accordance with the procedures laid down in Chapter 59 of this
Law.
(10) If a decision regarding the confiscation of criminally
acquired property has been previously taken in accordance with
the procedures laid down in Chapter 59 of this Law and
transferred to a sworn bailiff for execution, the person
directing the proceedings shall inform a sworn bailiff regarding
the termination of criminal proceedings, assigning him to
transfer into the State budget the confiscated resources or
resources acquired as a result of execution of confiscation that
are deposited in a deposit account of a sworn bailiff.
[12 March 2009; 21 October 2010; 24 May 2012; 29 May 2014;
18 February 2016; 22 June 2017; 20 June 2018; 27 September
2018]
Section 393. Renewal of Terminated
Criminal Proceedings and Criminal Prosecution
(1) A procedurally authorised person may renew terminated
criminal proceedings, or terminated criminal prosecution against
a person, by revoking a decision on termination, if it has been
determined that lawful grounds for the taking of such decision
did not exist, or if new circumstances have been disclosed that
were unknown to the person directing the proceedings at the
moment of the taking of the decision, and which have substantial
significance in the taking of the decision. The decision shall
not be subject to appeal.
(2) Pre-trial criminal proceedings and criminal prosecution
may be renewed, if the limitation period for criminal liability
has not entered into effect.
[11 June 2020]
Section 394. Tasks in Pre-trial
Criminal Proceedings
(1) An investigator or prosecutor may assign the performance
of separate procedural actions or tasks to another investigating
institution or an official authorised to conduct criminal
proceedings.
(2) An assignment shall be given in writing, indicating the
matters that shall be ascertained by performing the relevant
investigation or other operation. The decision on the basis of
which the indicated investigative action is to be performed shall
be attached to the assignment, if such attachment has been
determined by law. If the assignment is being given to an
official of the same investigating institutions, such assignment
may be expressed orally.
(3) An assignment shall be executed not later than within 10
days from the day of the receipt thereof. If the execution of an
assignment is not possible within such term, the executor thereof
shall notify the assignor regarding such impossibility, indicate
the reason for the delay and the possible term for the execution
of the assignment.
Section 395. Investigation in a
Group
(1) If a large volume of work must be performed in criminal
proceedings, or criminal proceedings are particularly complex,
the chief prosecutor, the head of the investigating institution
or a competent official of the investigating institution shall
take a decision on investigation of a criminal offence in a
group, indicating the specific persons who will participate in
the investigation and criminal prosecution and appointing the
person directing the criminal proceedings as the head of the
investigative group. Such decision shall not be subject to
appeal.
(2) [20 June 2018]
(3) The head of an investigative group shall organise the work
of the group and take all decisions on direction of the criminal
proceedings the application of security measures, and the
extension of the application term.
[12 March 2009; 20 June 2018; 7 January 2021]
Section 396. Prohibition on the
Divulging of Information Acquired during Pre-trial Criminal
Proceedings
(1) Information acquired in the pre-trial criminal proceedings
until the completion thereof shall be divulged only with the
permission of an investigator or a prosecutor and in the amount
specified by him or her. The investigator or prosecutor shall
notify in writing a person regarding the criminal liability for
divulgement of such information.
(2) The duty to not divulge information acquired in pre-trial
proceedings shall not apply to the exchange of information
between a suspect, or accused, and his or her defence
counsel.
[12 March 2009]
Section 396.1 Correction
of Clerical Errors and Mathematical Miscalculations
(1) The person directing the proceedings may correct clerical
errors or mathematical miscalculations in a ruling. Clerical
errors or mathematical miscalculations shall be corrected by
taking a decision, which shall be notified to the persons
involved in the proceedings to whom it applies.
(2) Persons involved in the proceedings may appeal the
decision on correcting clerical errors or mathematical
miscalculations within 10 days after receipt of a copy thereof to
the supervising prosecutor if the decision has been taken by an
investigator, or to a higher-ranking prosecutor if the decision
has been taken by a prosecutor. The decision of the supervising
prosecutor and the higher-ranking prosecutor, in examining a
complaint, shall not be subject to appeal.
[21 October 2010]
Chapter 32 Investigation
Section 397. Commencement of an
Investigation
(1) After a decision has been taken to initiate criminal
proceedings, the person directing the proceedings shall perform
the procedural actions provided for in this Law up to the moment
when the person who is to be held criminally liable is
ascertained, and sufficient evidence has been gathered for the
transfer of criminal proceedings to a prosecutor for the
initiation of criminal prosecution.
(2) If the person who has committed a criminal offence is not
ascertained, an investigation shall be conducted up to the moment
when the limitation period for criminal liability comes into
effect, or other circumstances are ascertained that, in
accordance with the provisions of this Law, do not allow for
criminal proceedings.
Section 398. Significance of the
Qualification of a Criminal Offence in an Investigation
(1) In initiating criminal proceedings, the actions of the
person being investigated may be qualified only on the basis of
belonging to the object of the group of criminal offences.
(2) When sufficient evidence has been acquired, the offence
shall be qualified on the basis of a specific Section of the
Criminal Law, and a decision thereon shall be taken in the form
of a resolution. The decision shall not be subject to appeal.
(3) A person may be recognised as a suspect, and a security
measure may be applied to such person, only from the moment when
the offence being investigated may be qualified on the basis of a
specific Section of the Criminal Law.
[20 June 2018]
Section 398.1 Decision to
Recognise a Person as a Suspect
(1) The person directing the proceedings shall indicate the
following in a decision to recognise a person as a suspect:
1) factual circumstances of the criminal offence to be
investigated which determine legal classification;
2) legal classification of the criminal offence;
3) the grounds for assumption that a criminal offence to be
investigated is likely to have been committed by the certain
person;
4) the identifying data, notified place of residence, and
place of employment of the suspected person.
(2) A decision to recognise a person as a suspect shall not be
subject to appeal.
(3) If during the investigation additional evidence is
obtained or the factual circumstances of the criminal offence
have changed as a result of which the taken decision needs to be
changed, the person directing the proceedings shall take a new
decision to recognise the relevant person as suspect and inform
thereon in conformity with the requirements of Section 66,
Paragraph one, Clause 1 of this Law.
[12 March 2009; 21 October 2010; 20 June 2018; 7 October
2021]
Section 399. Pre-trial Proceedings
on Seagoing Vessels at Sea, or in a Unit of the Latvian National
Armed Forces located in the Territory of a Foreign Country
(1) An investigation shall be performed on seagoing vessels at
sea by the captain of the vessel, and an investigation shall be
performed in a unit of the Latvian National Armed Forces in the
territory of a foreign country by the commander of such unit, in
accordance with the procedures and terms specified in this Law up
to the moment when the materials of the criminal proceedings may
be transferred to the competent investigating institutions or the
Office of the Prosecutor of the Republic of Latvia.
(2) If the necessity arises to apply procedural compulsory
measures, or to perform investigative actions that are to be
performed only on the basis of a decision of an investigating
judge, the captain of a vessel or the commander of a unit may
propose such application or performance, and receive such
decision, by using technical means of communication.
Section 400. Suspension of Criminal
Proceedings in an Investigation
(1) If the necessary criminal procedural actions have been
taken in criminal proceedings and ascertaining of the person who
has committed the criminal offence has not been successful, an
investigator may, with the consent of the supervising prosecutor,
take a decision in the form of a resolution on suspension of
criminal proceedings. The decision shall not be subject to
appeal.
(2) After suspension of criminal proceedings, investigative
actions may be performed only when such criminal proceedings have
been renewed. If the grounds for suspending criminal proceedings
has ceased to exist, criminal proceedings shall be renewed by a
decision of the person directing the proceedings, taken in the
form of a resolution. The decision shall not be subject to
appeal.
[20 June 2018; 11 June 2020]
Section 401. Completion of an
Investigation
(1) An investigator shall complete an investigation:
1) by proposing the commencement of criminal prosecution with
a decision in writing, and transferring the materials of the
criminal case to a prosecutor;
2) by transferring the materials of a criminal case to a
prosecutor for the commencement of criminal prosecution on the
basis of his or her initiative;
3) by taking a decision to terminate criminal proceedings;
4) by proposing to continue proceedings with a decision in
writing for the determination of compulsory measure of medical
nature and transferring the materials of the criminal case to a
prosecutor.
(2) An investigator shall indicate the following in a
decision:
1) [20 June 2018];
2) the qualification of the criminal offence;
3) the identifying data and notified place of residence of the
person to be held criminally liable;
4) the list of evidence;
5) procedural expenditures.
(3) [12 March 2009]
(4) The decisions referred to in Paragraph one, Clauses 1, 2
and 4 of this Section shall not be subject to appeal.
[12 March 2009; 21 October 2010; 20 June 2018; 7 October
2021]
Chapter 33 Criminal
Prosecution
Section 402. Grounds for Holding a
Person Criminally Liable
A person shall be held criminally liable, if the evidence
gathered in an investigation indicates the guilt of such person
in the criminal offence being investigated, and the prosecutor is
convinced that the evidence confirms such guilt.
[21 October 2010]
Section 403. Commencement of
Criminal Prosecution
(1) A prosecutor - person directing the proceedings may
commence criminal prosecution:
1) if he or she has received a decision of an investigator
regarding the necessity for the commencement of criminal
prosecution;
2) on the basis of his or her initiative, removing the
criminal proceedings from the records of the investigator.
(2) A prosecutor shall commence criminal prosecution, by
taking a decision to hold a person criminally liable, within 10
days after he or she has received the materials of the criminal
case from an investigating institution.
(3) If a prosecutor cannot discern the grounds for holding a
person criminally liable, he or she shall perform one of the
following operations:
1) withdraw a decision and return the criminal case to an
investigating institution for the continuation of an
investigation, indicating the necessity for conducting specific
procedural actions;
2) take a decision to terminate criminal proceedings against
the specific person, and send the criminal case to an
investigating institution in order to ascertain the guilty
person;
3) take a decision to terminate criminal proceedings,
determining the circumstances indicated in Section 377 or 379 of
this Law.
(4) [20 June 2018]
[12 March 2009; 29 May 2014; 20 June 2018]
Section 404. Revocation of
Procedural Immunity for the Commencement of Criminal
Prosecution
If this Law does not specify otherwise, a prosecutor, having
discerned the grounds for holding a person criminally liable for
whom the law has specified immunity from criminal proceedings,
shall turn to the competent authority with a proposal to permit
the criminal prosecution of such person. A reference regarding
evidence that justifies the guilt of a person the immunity of
which is asked to be revoked, shall be attached to the
proposal.
[12 March 2009]
Section 405. Decision to Hold a
Person Criminally Liable (Prosecution)
(1) The following shall be indicated in a decision to hold a
person criminally liable (hereinafter also - the
prosecution):
1) the identifying data of the person to be held criminally
liable;
2) the factual circumstances determining legal qualification
for each incriminated criminal offence;
3) legal classification of the offence;
4) persons who have suffered as a result of the criminal
offence;
5) other persons who are being held criminally liable
regarding joint participation or participation in the committing
of the same criminal offence.
(2) If the criminal offences have been formed in conceptual
aggregation, that which is referred to in Paragraph one of this
Section shall be indicated together regarding all of the criminal
offences committed in such aggregation.
(3) A decision to hold a person criminally liable shall not be
subject to appeal.
[20 June 2018; 7 October 2021]
Section 405.1 Issues to
be Decided if the Ruling Made in an Administrative Offence Case
Ceases to be in Effect due to Holding of a Person Criminally
Liable
(1) If a ruling made in an administrative offence case or a
part thereof ceases to be in effect due to a decision to hold a
person criminally liable, the prosecutor shall take a decision on
the action with the property removed or confiscated in the
administrative offence case and other restrictions of the
rights.
(2) The sums of money collected and paid shall not be
reimbursed, however, a decision shall be taken to reimburse them
or take them into account when determining the sentence, upon
preparation of a final ruling.
(3) The prosecutor shall notify the institution which made the
initial ruling, and the person whose interests and rights are
affected by the ruling, regarding the ceasing to be in effect of
the ruling made in an administrative offence case.
[18 February 2016]
Section 406. Issuance of
Prosecution
(1) After a decision has been taken to hold a person
criminally liable, a prosecutor shall immediately:
1) issue a copy of the prosecution to the accused, after
having become convinced of the personal identity of him or her,
and explain the essence of the prosecution;
2) issue to the accused written information regarding the
rights of an accused;
3) ensure for the accused the opportunity to summon a defence
counsel, if such defence counsel has not already been
summoned;
4) ascertain whether the accused has a defence counsel, or if
there are grounds for requesting the assistance of a defence
counsel with the funds of the Sate, or if the participation of a
defence counsel is mandatory;
5) ascertain whether the accused has requests, whether he or
she wishes to provide testimony, and whether he or she has
proposals regarding the application of agreement proceedings.
(2) An accused shall sign regarding the fact that he or she
has received a copy of the prosecution and written information
regarding his or her rights, concurrently indicating the date of
receipt.
(3) If an accused refuses to sign, a prosecutor shall record
such refusal in the decision, indicating the date when the copy
of the prosecution, and written information regarding the rights
of the accused, was issued to such accused.
(4) If the representative and defence counsel of an accused
are present at the moment of the issuance of a copy of the
prosecution, such representative and defence counsel shall also
sign that a copy of the decision to hold such person criminally
liable has been received.
(5) If an accused may not appear before a prosecutor due to a
justified reason, the prosecutor, by common accord, may transfer
a copy of the prosecution, and written information regarding the
rights of an accused, to the accused personally, through the
intermediation of the defence counsel or representative of the
accused, with the assistance of a courier, or by post to the
address for the receipt of consignments notified by such
accused.
(6) If the whereabouts of an accused are known, but he or she
is evading appearance on the basis of a summons of a prosecutor,
a copy of the prosecution shall be issued to the accused after
conveyance by force of him or her, or sent by post to the address
for the receipt of consignments notified by such accused.
(7) If a search for an accused has been announced, a copy of
the prosecution, and written information regarding the rights of
an accused, shall immediately be issued after receipt of a
written report regarding the detention or placing under arrest of
the accused.
(8) The accused who does not understand the language in which
a prosecution has been written shall be provided with a
translation of the prosecution in a language comprehensible to
him or her. A written translation of the prosecution shall be
provided before completion of pre-trial criminal proceedings.
(9) If an accused is hiding in another country and a search
for him or her has been announced, a copy of the prosecution
shall be issued simultaneously with the report of the official
extradition request.
[23 May 2013; 7 October 2021]
Section 407. Interrogation of an
Accused
A prosecutor may interrogate an accused immediately after
issuance of a copy of the prosecution to such accused, or, if an
accused requests a term in order to prepare for defence, in a
mutually co-ordinated reasonable term.
Section 408. Modification of a
Prosecution
(1) If a prosecutor, after he or she has issued a decision to
an accused on holding of the person criminally liable, has new
grounds to supplement such decision or he or she has obtained
additional evidence, or if the factual circumstances of the
criminal offence have changed and, as a result thereof, the
modification of the decision is necessary, the prosecutor shall
write a new decision to hold the relevant person criminally
liable, and shall issue a copy of such new decision to the
accused.
(2) If a prosecution has not been approved regarding a
criminal offence regarding which a person is being held
criminally liable, a prosecutor shall terminate criminal
prosecution in such part with a decision, and he or she shall
immediately send a copy of the decision to the person against
whom the criminal prosecution has been terminated.
[21 October 2010]
Section 409. Search for an
Accused
(1) In suspending criminal proceedings in accordance with
Section 378, Paragraph one, Clause 2 of this Law, a prosecutor
shall immediately take a decision on a search for an accused. If
necessary, a prosecutor may take a decision to apply a security
measure to an accused, or regarding the modification of such
decision.
(2) A prosecutor shall send a copy of a decision on a search
for an accused and a decision to apply a security measure for
execution to the body performing operational activities according
to the competence thereof.
[12 March 2009]
Section 410. Termination of Criminal
Proceedings against a Person who has Substantially Assisted in
the Disclosure of a Serious or Especially Serious Crime
(1) The Prosecutor General may terminate criminal proceedings,
with a decision thereof, against a person who has substantially
assisted in the disclosure of a serious or especially serious
crime that is more serious or dangerous than a criminal offence
committed by such person himself or herself.
(2) The specified in Paragraph one of this Section shall not
be applied to a person who is being held criminally liable for
the committing of a particularly serious criminal offence
provided for in Sections 116, 117, 118, 125, 159, 160, 176,
190.1, 251, 252, and 253.1 of the Criminal
Law or who him or herself has established or led an organised
group or gang.
(3) An action with the criminally acquired property shall be
indicated and the issue regarding the compensation for harm to a
victim shall be decided in a decision to terminate criminal
proceedings.
[12 March 2009]
Section 411. Forms for the
Completion of Pre-trial Criminal Proceedings
A prosecutor may complete pre-trial criminal proceedings:
1) by taking the decision to transfer the criminal case to a
court and submitting the criminal case to the court on the basis
of jurisdiction;
2) by taking the decision to transfer the criminal case to a
court in accordance with urgent procedures;
3) [20 June 2018];
4) by entering into an agreement with the accused and
transferring the criminal case to a court;
5) by applying to the accused a penal order;
6) by terminated criminal proceedings, conditionally releasing
from criminal liability;
7) by taking a decision to terminate criminal proceedings;
8) by taking a decision and transferring the criminal case to
a court for the determination of compulsory measures of a medical
or correctional nature.
[20 June 2018]
Section 412. Completion of Pre-trial
Criminal Proceedings by Transferring a Case to a Court
(1) In order to suspend a prosecution in court, a prosecutor,
having recognised evidence as sufficient, shall draw up a list of
the materials of a criminal case and archive file to be
transferred to the court.
(2) A prosecutor shall include materials that are applicable
to a specific criminal offence, and that will be used in court as
evidence, in a criminal case to be transferred to the court, and
shall include materials that will not be used as evidence in an
archive file.
(3) In completing proceedings, a prosecutor shall:
1) issue to the accused or his or her defence counsel copies
of the materials of the criminal case to be transferred to the
court, which apply to the prosecution indicted for him or her or
his or her personality, if such materials have not already been
issued, or acquaint with these materials with the consent of a
prosecutor;
2) issue to accused or his or her defence counsel a list of
the materials transferred to the archives;
3) [19 January 2006];
4) notify the accused or his or her defence counsel that the
accused shall submit to the prosecutor, immediately after receipt
of copies of the materials of the criminal case or becoming
acquainted with the materials of the criminal case, information
regarding the fact that he or she wishes for the participation of
a defence counsel in the trial of a case and regarding whether
the accused agrees to the possibility that the criminal case is
tried in prosecution, or in the permanent part thereof, without a
verification of evidence.
(4) If an accused, or, in cases of compulsory assistance of
counsel, also his or her representative or defence counsel,
agrees to the possibility that a criminal case be examined in
prosecution, or in the permanent part thereof, without a
verification of evidence, a prosecutor shall write up a protocol
regarding such consent, indicating therein whether the accused
has agreed to the non-performance of a verification of evidence
in the entire amount of the prosecution or in a specific part
thereof, and shall explain to the accused the procedural essence
and consequences of such consent.
(5) A prosecutor shall issue to a victim, on the basis of an
application of such victim, copies of the materials of a case
that applies to a criminal offence in which the person has been
recognised as a victim in criminal proceedings or acquaint with
these materials of the criminal case with the consent of a
prosecutor.
(6) Copies of findings of forensic-medicine,
court-psychiatric, and court-psychological expert-examinations
shall not be issued, but the possibility for familiarising
oneself with such expert-examinations in the presence of the
person directing the proceedings or an authorised person shall be
ensured. The information referred to in Section 203, Paragraph
two, Clauses 1-5 and 9-10 of this Law may be copied from the
abovementioned findings.
(61) Copies of sound and image recordings in which
testimonies of a minor who has the right to defence, victims or
witnesses are recorded shall not be issued, however, a
possibility to become acquainted with them in the presence of the
person directing the proceedings or an authorised person shall be
ensured.
(7) In familiarising himself or herself with copies of
received materials of the criminal case, an accused has the right
to use the assistance of an interpreter free of charge.
(8) If an accused becomes acquainted with the materials of the
criminal case to be transferred to a court or receives copies
thereof, as well as if an accused refuses the right to become
acquainted with the materials of the criminal case or to receive
copies thereof, a prosecutor shall write a protocol regarding
this.
(9) [19 January 2006]
(10) After issuing of a copy of the materials of a criminal
case or becoming acquainted with the materials of the criminal
case and the receipt of information referred to in Paragraph
three, Clause 4 of this Section from the accused, a prosecutor
shall take a decision to transfer the criminal case to a
court.
(11) Upon the application of an accused, defence counsel,
victim or representative a prosecutor shall ensure the
possibility for him or her to become acquainted with the
materials of the archives file and receive the copies of
necessary materials making a note thereof in the archives file
and notifying a court thereof.
[19 January 2006; 12 March 2009; 14 January 2010; 21
October 2010; 18 February 2016; 27 September 2018; 11 June 2020;
7 October 2021]
Section 413. Decision to Transfer a
Criminal Case to a Court
(1) A prosecutor shall indicate the following in a decision to
transfer a criminal case to a court:
1) information regarding the accused person, his or her
declared place of residence and place of employment;
2) the criminal offence regarding the committing of which the
person is being prosecuted and regarding which the case is being
transferred to the court;
3) the qualification of the criminal offence;
4) [12 March 2009];
5) the testimony of the accused person;
6) the listing of evidence to be used in court regarding each
accused and each criminal offence;
7) the applied security measure and the end time thereof;
8) the amount of victims and compensation;
9) the seizure of the property;
10) the aggravating and mitigating circumstances of the
liability of the accused;
11) the number of pages in the criminal case;
12) procedural expenditures.
(2) A list of material evidence and documents as well as a
list of the persons whose testimonies have been included in the
listing of evidence to be used in court shall be appended to a
decision. Only the list that is sent to the court shall indicate
the addresses of the persons.
(3) A prosecutor shall immediately send a decision together
with the materials of a criminal case to a court.
(4) A prosecutor shall inform an accused and victim or its
representatives of the taking of the decision and the transfer of
a criminal case to a court, by sending to such persons a copy of
the decision, a copy of the list of the material evidence and
documents, and also a copy of the list of the persons whose
testimonies have been included in the listing of evidence to be
used in court, and information regarding the rights and
obligations thereof in court, and also by indicating the court to
which the criminal case has been transferred. The prosecutor
shall inform the owner of property affected during criminal
proceedings whose property has been seized of taking the decision
and sending the criminal case to a court. If the accused does not
know the official language in which a decision has been written,
the prosecutor shall ensure a translation of the decision in a
language understood by such accused. Concurrently with sending of
the abovementioned documents a specially protected victim shall
also be informed of the right to submit a request to the court
within 10 days after receipt of the documents that his or her
participation or hearing in a court hearing would take place,
using technical means.
(5) A decision to transfer a criminal case to a court shall
not be subject to appeal.
(6) The submitted requests and complaints, which a prosecutor
has received after completion of a pre-trial criminal
proceedings, shall be sent to a court.
[12 March 2009; 21 October 2010; 23 May 2013; 18 February
2016; 22 June 2017; 20 June 2018; 27 September 2018; 11 June
2020; 19 November 2020]
Section 414. Decision to Terminate
Criminal Proceedings
[12 March 2009]
Chapter 34 Special Features of
Pre-trial Proceedings in Terminating Criminal Proceedings,
Conditionally Releasing from Criminal Liability
Section 415. Termination of Criminal
Proceedings, Conditionally Releasing from Criminal Liability
(1) If a prosecutor, taking into account the nature of and
harm caused by a committed criminal offence, personal
characterising data, and other conditions of a case, achieves
conviction that an accused will hereinafter not commit criminal
offences, the prosecutor may terminate criminal proceedings,
conditionally releasing from criminal liability.
(2) In order to obtain personal characterising data, a
prosecutor may request an evaluation report from the State
Probation Service.
(3) The termination of criminal proceedings, conditionally
releasing from criminal liability, shall be allowed only if:
1) a person is prosecuted regarding the committing of a
criminal violation or a less serious crime;
2) a person has not previously been punished regarding an
intentional criminal offence;
3) criminal proceedings have not been terminated against a
person, conditionally releasing from criminal liability, within
the last five years;
4) a higher-ranking prosecutor agrees to the termination of
such proceedings.
(4) The termination of criminal proceedings shall be allowed
only with the voluntarily and clearly expressed consent of the
accused.
(5) In terminating criminal proceedings, conditionally
releasing from criminal liability, a prosecutor shall determine a
probationary supervision period in accordance with that specified
in the Criminal Law.
(6) In terminating criminal proceedings, conditionally
releasing from criminal liability, the person directing the
proceedings may impose on the accused the obligations provided
for in the Criminal Law.
[19 January 2006; 12 March 2009; 20 June 2018]
Section 415.1 Termination
of Criminal Proceedings, Conditionally Releasing from Criminal
Liability for a Serious Crime
(1) If the circumstances referred to in Section 415 of this
Law exist, the chief prosecutor may, based on a consent of a
higher-level prosecutor, terminate criminal proceedings by
conditionally releasing the person who has been accused of
committing a serious crime and who has substantially assisted in
the disclosure of a serious or especially serious crime that is
more serious or dangerous than the criminal offence committed by
such person from criminal liability.
(2) The specified in Paragraph one of this Section shall not
be applied to a person who is being held criminally liable for
the committing of a particularly serious criminal offence
provided for in Sections 125, 159, 160, 176, 190.1,
251, 252 and 253.1 of the Criminal Law or who him or
herself has organised a crime.
[12 March 2009]
Section 416. Decision to Terminate
Criminal Proceedings, Conditionally Releasing from Criminal
Liability
A prosecutor shall indicate the following in a decision to
terminate criminal proceedings, conditionally releasing from
criminal liability:
1) the criminal offence regarding the committing of which a
person has been prosecuted;
2) the justification for termination of criminal
proceedings;
3) the probationary supervision period;
4) the duties imposed on the accused person;
5) the authority to which the controlling of the behaviour of
the relevant person has been assigned;
6) the revocation of an applied security measure.
Section 417. Familiarisation with a
Decision and the Materials of a Criminal Case
(1) A copy of a decision shall be issued to the person in
relation to whom criminal proceedings are being terminated,
conditionally releasing from criminal liability, and the
consequences of such termination of criminal proceedings shall be
explained to such person and he or she shall be notified
regarding his or her rights to familiarise with the materials of
the criminal case. The person shall certify with a signature
thereof that he or she agrees to the qualification of the
criminal offence and voluntarily undertakes the execution of the
duties referred to in the decision.
(2) A prosecutor shall send to a victim a copy of a decision
to terminate criminal proceedings, conditionally releasing from
criminal liability, and notify regarding his or her rights to
familiarise himself or herself with the materials of the criminal
case and appeal the taken decision to the next higher-ranking
prosecutor.
(3) A decision shall enter into effect, if a victim has not
appealed a report within 10 days after receipt thereof, or his or
her complaint has been rejected. A decision of a higher-ranking
prosecutor shall not be subject to appeal.
(4) After coming into force of a decision a copy thereof
shall, within three working days, be sent to the institution
which is performing the execution of such decision.
[12 March 2009]
Section 418. Consequences of the
Termination of Criminal Proceedings, Conditionally Releasing from
Criminal Liability
(1) A decision to terminate criminal proceedings in full
amount shall enter into effect after termination of the
probationary supervision period and the execution of specific
duties.
(2) If a person fulfils imposed duties and does not commit a
new intentional criminal offence during the probationary
supervision period, it shall be considered that criminal
proceedings against such person have been terminated and may not
be renewed against such person regarding the same offence, except
in the special cases provided for in this Law.
(3) Criminal proceedings regarding the same offence in
relation to a person against whom such proceedings were
terminated, conditionally releasing from criminal liability, may
be renewed only in the following cases:
1) the person has not fulfilled the duties imposed on him or
her;
2) the person has committed a new intentional criminal offence
during the probationary supervision period;
3) a prosecutor has taken a decision in a conflict of interest
situation;
4) the person has influenced testifying persons, with an
illegal activity thereof, to provide false testimony or has
otherwise falsified evidence;
5) new circumstances have been disclosed that were unknown to
the prosecutor at the moment of the taking of the decision, and
which confirm that the person has actually committed a serious or
especially serious crime that, as a result of the lack of
knowledge of such circumstances, has been incorrectly qualified
as a criminal violation or a less serious crime.
(4) [7 October 2021]
[20 December 2012; 7 October 2021]
Section 419. Supervision of the
Termination of Criminal Proceedings, Conditionally Releasing from
Criminal Liability
(1) A prosecutor who has taken a decision to terminate
criminal proceedings, conditionally releasing from criminal
liability, shall make a note in the decision, after termination
of the probationary period and on the basis of the behaviour of
the person and information provided by a controlling authority,
regarding the execution of conditions and the entering into
effect of the decision in full amount.
(2) If the circumstances referred to in Section 418, Paragraph
three of this Law have been determined, a prosecutor shall revoke
a decision, renew criminal proceedings, and direct such
proceedings in conformity with the conditions of this Law
regarding pre-trial criminal proceedings.
[20 December 2012]
Chapter 35 Special Features of
Pre-trial Criminal Proceedings, Applying the Prosecutor's Penal
Order
Section 420. Admissibility of the
Application of a Prosecutor's Penal Order
(1) If a person has committed a criminal violation, a less
serious crime or a serious crime for which the punishment of
deprivation of liberty up to five years is provided for, and a
prosecutor, taking into account the nature of and harm caused by
the committed criminal offence, the personal characterising data,
and other circumstances of the case, has reached the conviction
that a custodial sentence should not be imposed on such person,
yet such person may not be left without a punishment, he or she
may end the criminal proceedings, drawing up a penal order. A
penal order of the prosecutor, if the person has committed a
serious crime for which the punishment of deprivation of liberty
of up to five years is provided, may be drawn up, if a
higher-ranking prosecutor agrees thereto.
(2) In order to obtain personal characterising data, a
prosecutor may request an evaluation report from the State
Probation Service.
(3) If one person has committed several criminal offences, a
penal order may be applied only regarding all of the criminal
offences thereof.
(4) If several persons have been prosecuted regarding one
criminal offence, a penal order may be applied to a person for
whom such application is possible in accordance with this
Law.
(5) A prosecutor shall draw up a penal order, if an accused
admits his or her guilt, has compensated the harm caused to a
victim, as well as has reimbursed the compensation disbursed by
the State and agrees to the completion of criminal proceedings by
imposing a punishment thereon. If the accused has not compensated
the harm caused to the victim and it does not exceed the amount
of three minimal monthly wages specified in the Republic of
Latvia, the prosecutor may draw up a penal order, if the accused
agrees with the claimed amount of compensation.
[19 January 2006; 12 March 2009; 20 December 2012; 18
February 2016; 20 June 2018; 11 June 2020]
Section 421. Prosecutor' Penal
Order
(1) If a prosecutor has found that criminal proceedings may be
completed by imposing a punishment on a person, he or she shall
draw up a penal order of the prosecutor which shall include the
decision to terminate criminal proceedings and the operative part
of which shall indicate the punishment, the decision on the
compensation for harm to the victim and its recovery, specifying
a time period for the voluntary payment of the compensation for
harm - 30 days from the day of entering into effect of the penal
order.
(2) The prosecutor may impose the community service, fine, or
probationary supervision on the accused in his or her penal
order, and also additional punishments - community service, fine,
or restriction of rights - as defined in the Criminal Law.
(21) The prosecutor shall additionally indicate
information regarding the institution executing the punishment
and arrival deadline in its penal order.
(3) [18 February 2016]
[19 January 2006; 12 March 2009; 8 July 2011; 18 February
2016; 20 June 2018; 27 September 2018; 17 December 2020 /
The new wording of Paragraph two shall come into force on 1
January 2022. See Paragraph 76 of Transitional
Provisions]
Section 422. Familiarisation with
the Materials of a Criminal Case
(1) Copy of a penal order shall be issued to the person
against whom criminal proceedings are being completed by such
prosecutor's penal order, and the consequences of the completion
of criminal proceedings shall be explained to such person. The
person shall sign that he or she agrees to the qualification of
the criminal offence and undertakes the execution of the
punishment determined in the penal order. The accused may express
his or her consent immediately or within five working days from
the day of the receipt of the copies. A consent may not be
revoked.
(2) The person directing the proceedings shall send to a
victim a copy of a penal order, and shall inform such victim
regarding his or her rights to familiarise himself or herself
with the materials of the criminal case, as well as to appeal a
taken decision within 10 days after receipt of the report. If a
victim who is not fluent in the official language and whose
permanent place of residence is in a foreign country has applied
a request to receive a written translation of the penal order,
the person directing the proceedings shall send a written
translation of the abovementioned order to the victim.
[12 March 2009; 18 February 2016]
Section 423. Consequences of a
Prosecutor's Penal Order
(1) [12 March 2009]
(2) If a person has agreed to a penal order, yet does not
execute such punishment, the authority responsible for the
execution of the punishment shall propose, in accordance with the
procedures laid down in this Law, a matter regarding the
replacement of the punishment in accordance with procedures
provided for by law.
[28 September 2005; 12 March 2009]
Chapter 36 Special Features of
Pre-trial Criminal Proceedings in Accordance with Urgent
Procedures
[20 June 2018]
Section 424. Admissibility of the
Application of Urgent Procedures
The person directing the proceedings may apply urgent
procedures if:
1) the person who committed the criminal offence has been
ascertained;
2) the person has committed a criminal violation, a less
serious crime, or a serious crime;
3) the investigation may be completed within the time period
and in the amount provided for urgent procedures.
[20 June 2018]
Section 425. Progress of an
Investigation in Accordance with Urgent Procedures
(1) The person directing the proceedings shall do the
following after commencement of an investigation:
1) ascertain the circumstances of the committed criminal
offence;
2) ascertain the victim of the criminal offence;
3) ascertain the nature and amount of harm caused by the
criminal offence;
4) recognise the person as a suspect;
5) acquire testimonies;
6) if necessary, conduct other procedural actions.
(2) The person directing the proceedings shall, without delay,
but not later than within 10 days or, in cases when an
expert-examination must be conducted, not later than within 30
days from initiation of criminal proceedings, shall submit the
case materials with a cover letter to the prosecutor.
(3) If criminal proceedings are not transferred to the
prosecutor within the time period specified in this Section, the
investigation is continued in accordance with general
procedures.
[20 June 2018]
Section 425.1 Minutes of
an Urgent Procedure
(1) When applying the urgent procedure, the person directing
the proceedings may include the procedural actions and the
established information in one procedural document - minutes of
an urgent procedure.
(2) The following shall be indicated in the minutes:
1) information regarding the person directing the proceedings
or, if the procedural action is performed by another official, he
or she shall be indicated in the minutes next to the relevant
action;
2) the decision in the form of a resolution on initiation of
criminal proceedings;
3) information regarding the circumstances of the criminal
offence, the nature and amount of the harm caused as a result of
the criminal offence, and the qualification of the criminal
offence;
4) the decision in the form of a resolution on the recognition
of the person as a suspect, including the information indicated
in Section 398.1, Paragraph one of this Law, insofar
as such information has not already been included in the minutes
of an urgent procedure, as well as decisions in the form of a
resolution which are related to the representation of the
detained person;
5) information regarding the notification of the decision
taken, issuance of written information regarding the rights and
obligations, as well as explanation of the rights to the suspect
in the cases provided for in the law;
6) postal or electronic address of the suspect for the receipt
of registered consignments;
7) consent of the person to be recognised as a victim, the
decision in the form of a resolution on the recognition of the
person as a victim, decisions in the form of a resolution which
are related to the representation of the victim, issuance of
written information regarding the rights and obligations, as well
as explanation of the rights to the victim in the cases provided
for in the law;
8) the amount of the compensation for harm claimed by the
victim;
9) testimonies given by persons;
10) other information acquired during procedural actions
regarding the facts which are of significance for taking a
decision in the case.
(3) The involved person shall be made acquainted with the
section of the minutes which is applicable to the procedural
action related to this person, and he or she shall sign the
relevant section of the minutes.
(4) The procedural action shall be recorded in accordance with
general procedures, if its recording in accordance with urgent
procedures in the minutes is impossible or hindered.
[20 June 2018]
Section 426. Activities of the
Prosecutor upon Receipt of Criminal Proceedings in Accordance
with Urgent Procedures
(1) Upon receipt of criminal proceedings in accordance with
urgent procedures, the prosecutor shall decide on the manner in
which the pre-trial criminal proceedings will be completed.
(2) Upon continuing the criminal proceedings in accordance
with urgent procedures, the prosecutor shall, without delay, but
not later than within 10 days after receipt of the materials of
criminal proceedings, take the decision to transfer the case to a
court.
(3) If the prosecutor believes that the investigation has not
collected sufficient evidence for the person to be held
criminally liable, he or she shall return the materials with a
cover note to the investigating institution for the continuation
of investigation by indicating the necessity to take specific
procedural actions.
[20 June 2018]
Section 427. Decision to Transfer a
Criminal Case to a Court in Accordance with Urgent Procedures
(1) A prosecutor shall indicate the following in a decision to
transfer a criminal case to a court in accordance with urgent
procedures:
1) the person who has the right to defence (identifying data,
notified place of residence, and place of employment);
2) the criminal offence regarding the committing of which a
person is being prosecuted and transferred to a court;
3) the qualification of the criminal offence;
4) the evidence to be used in court;
5) the circumstances aggravating and mitigating the
liability;
6) the applied security measure;
7) the amount of victims and compensation;
8) the place and time of the trial of the case.
(2) A prosecutor shall determine the time for the trial of the
case by co-ordinating such time with the court, however, the time
period until the court hearing may not exceed 10 days, counting
from the day when a copy of the decision was issued to the
accused.
(3) A list of material evidence and documents shall be
attached to a decision, as well as a list of the persons who are
to be summoned to a court hearing on the basis of the views of
the prosecution and the defence. Concurrently the prosecutor
shall invite the persons to be summonsed to the court
hearing.
(4) A taken decision to transfer a criminal case to a court
shall simultaneously be recognised also as a decision to hold a
person criminally liable.
(5) A copy of the decision together with copies of the case
materials shall be issued, without delay, to the accused or he or
she shall be made acquainted with such materials with the consent
of the prosecutor. If the accused does not know the language in
which the decision has been written, such person shall be
provided with a written translation of the decision in a language
comprehensible to him or her. A copy of the decision shall also
be issued to the victim.
(6) After issuance of a copy of the decision to the accused, a
prosecutor shall record information, in writing, regarding the
attitude of the accused towards the prosecution, the fact whether
the accused wishes that a defence counsel or interpreter
participates in the trial of the case and whether he or she
agrees to the possibility that the criminal case is examined
without the verification of evidence.
(7) After issuance of a copy of a decision, a prosecutor shall
send the taken decision and materials of the criminal case to a
court.
(8) The decision to transfer a criminal case to a court in
accordance with urgent procedures shall not be subject to
appeal.
(9) After sending of a case to a court all requests and
complaints shall be sent directly to the court.
[20 June 2018; 7 October 2021]
Chapter 37 Special Features of
Pre-trial Criminal Proceedings in Accordance with Summary
Procedures
[20 June 2018]
Section 428. Admissibility of the
Application of Summary Procedures
[20 June 2018]
Section 429. Direction of an
Investigation in Accordance with Summary Procedures
[20 June 2018]
Section 430. Operations of a
Prosecutor in Pre-trial Summary Proceedings
[20 June 2018]
Section 431. Decision to Transfer a
Criminal Case to a Court in Accordance with Summary
Procedures
[20 June 2018]
Section 432. Familiarisation with
Case Materials in Summary Proceedings
[20 June 2018]
Chapter 38 Application of an
Agreement in Pre-trial Criminal Proceedings
Section 433. Grounds for the
Application of an Agreement
(1) A prosecutor may enter into an agreement, on the basis of
his or her own initiative or the initiative of an accused or his
or her defence counsel, regarding an admission of guilt and a
punishment, if circumstances have been ascertained that apply to
an object of evidence, and the accused agrees to the amount and
qualification of his or her incriminating offence, an assessment
of the harm caused by such offence, and the application of
agreement proceedings.
(2) Agreement proceedings may not be applied, if there are
several accused persons in one criminal proceedings and if an
agreement regarding an admission of guilt and a punishment may
not be imposed on all of the accused persons.
Section 434. Negotiations regarding
the Entering into of an Agreement
(1) If, in pursuing a prosecution or continuing criminal
prosecution, a prosecutor considers as possible the entering into
an agreement, he or she shall explain to an accused and the
representative of an accused who is a minor the possibility to
regulate criminal-legal relations by entering into an agreement,
the consequences thereof, and the rights of the accused in the
agreement proceedings.
(2) Having received the consent of an accused, or of the
representative of an accused who is a minor, to enter into an
agreement, a prosecutor shall prepare a draft of the agreement
and commence negotiations with the accused, his or her defence
counsel, or the representative of the accused who is a minor
regarding the elements of the agreement.
(3) If an accused, or the representative of an accused who is
a minor, agrees to a prosecution that has been pursued and
issued, the qualification of the criminal offence, and the
assessment of the harm caused by such offence, negotiations shall
be commenced for the type and amount of a sentence, which a
prosecutor will request for a court to impose.
[11 June 2020]
Section 435. Rights of an Accused in
Agreement Proceedings
(1) An accused has the following rights in agreement
proceedings:
1) to agree or not agree to the entering into an
agreement;
2) to submit a recusal;
3) to express his or her proposal for the type and amount of
the sentence;
4) to receive copies of the materials of the criminal case
after entering into an agreement;
5) to be informed of the criminal offence for the committing
of which he or she will be prosecuted in court, and the type and
amount of sentence that the prosecutor will request for the court
to impose;
6) to participate in examination of the agreement in
court;
7) to provide explanation regarding the course of the
agreement;
71) to submit objections against trial of a case in
a written procedure;
8) to refuse the entered into agreement up to the moment where
the court retires to the deliberation room in order to make a
ruling;
9) to appeal the ruling;
10) to acquaint himself or herself with the minutes of the
court hearing;
11) to receive the legal assistance of a defence counsel.
[24 May 2012]
Section 436. Rights of a Victim in
Agreement Proceedings
(1) If criminal proceedings are continued as agreement
proceedings, the person directing the proceedings - prosecutor -
shall issue to a victim a copy of the minutes of agreement and
the information regarding the rights during agreement
proceedings.
(2) A victim has the following rights:
1) to submit a recusal;
2) to receive information in a timely manner regarding where
and when a court will examine an agreement;
3) to participate in examination of the agreement in
court;
4) to express his or her objections to the approval of the
agreement;
41) to submit objections against trial of a case in
a written procedure;
5) to submit a cassation complaint regarding violations of the
procedures of agreement proceedings or violation of the norms of
the Criminal Law;
6) to participate in examination of a case in a cassation
court in accordance with the procedures laid down in Section 101
of this Law.
[24 May 2012; 11 June 2020]
Section 437. Minutes of
Agreement
(1) The minutes of agreement shall indicate the following:
1) the place and date of the occurrence of the operation;
2) the position, given name, and surname of the performer of
the procedural action;
3) the identifying data of an accused or the representative of
an accused - minor person, and also the given name, surname, and
place of practice of a defence counsel;
4) the time and place of the committing of the criminal
offence, and a short description of such offence;
5) the qualification of the criminal offence;
6) the amount of harm caused by the criminal offence, and an
agreement regarding the compensation of such harm;
7) the aggravating and mitigating circumstances of the
liability of the accused;
8) information regarding the accused person;
9) the sentence that a prosecutor will request for the court
to impose;
10) the inclusion of the term of a security measure related to
deprivation of liberty imposed on an accused, as well as of the
term of detention in the term of a sentence.
(2) If an accused has committed several criminal offences, a
prosecutor shall indicate the sentence that he or she will
request to be imposed for each of the criminal offences, and the
final sentence. Such provision shall also be complied with in
cases where a sentence is determined for an accused based on
several judgments.
(3) An agreement shall be signed by an accused, a defence
counsel, the representative of an accused - minor person, and a
prosecutor, and a copy of such agreement shall be issued to the
accused or his or her representative.
[11 June 2020; 7 October 2021]
Section 438. Sending of a Criminal
Case to a Court
(1) After entering into an agreement, a prosecutor shall send
the materials of a criminal case together with the minutes of
agreement to a court, proposing for such court to approve the
entered into agreement.
(2) In a proposal to a court, a prosecutor shall:
1) inform regarding an entered into agreement;
2) inform regarding a security measure applied to an
accused;
3) refer to evidence that confirms the committing of a
criminal offence and the guilt of the accused;
4) indicate the amount of harm caused by the criminal offence,
and an agreement regarding the compensation of such harm;
41) inform regarding the seizure of the
property;
42) indicate the property to be recognised as
criminally acquired and the possible action with it;
5) inform regarding the procedural expenditures;
6) refer to material evidence, documents, property related to
criminal offence, other objects and valuables removed during the
proceedings, the location thereof, and the possible actions with
them;
7) request for the court to approve the entered into agreement
and impose the punishment provided for in such agreement.
(3) A prosecutor shall inform an accused, his or her defence
counsel, a victim, and the representatives thereof in writing
regarding the court to which a case has been sent. A copy of the
proposal shall be sent to the accused or his or her defence
counsel.
(4) After sending of a case to a court, all requests and
complaints shall be sent directly to the court.
[11 June 2020]
Chapter 39 Special Features of
Pre-trial Criminal Proceeding Applying Coercive Measures to a
Legal Person
Section 439. Procedures for Criminal
Proceedings
(1) If it has been ascertained during the course of criminal
proceedings that, most likely, there are grounds for the
application of a coercive measure, the person directing the
proceedings shall take a reasoned decision that proceedings are
initiated for the application of a coercive measure to a legal
person. The person directing the proceedings shall notify the
relevant legal person by sending a copy of the decision, as well
as informing regarding the rights and duties thereof.
(2) Proceedings for the application of a coercive measure to a
legal person shall take place within the framework of the
criminal proceedings initiated in accordance with the procedures
laid down in this Law.
(3) The person directing the proceedings may, by means of a
decision, isolate the proceedings regarding the application of a
coercive measure to a legal person in separate records in the
following cases:
1) the criminal proceedings against a natural person are
terminated on the basis of reasons other than exoneration;
2) circumstances have been established that prevent clarifying
whether a particular natural person should be held criminally
liable, or transfer of the criminal case to the court is not
possible in the nearest future (within a reasonable period of
time) due to objective reasons;
3) in order to settle criminal legal relations in a timely
manner with a natural person who has the right to defence;
4) it is requested by the representative of the legal
person.
(31) A procedurally authorised official may
initiate proceedings for the application of a coercive measure to
a legal person also in cases when the grounds for initiating the
proceedings against a legal person laid down in Paragraph one of
this Section have been ascertained and any of the following
conditions exists:
1) initiation of criminal proceedings has been refused or
criminal proceedings have been terminated on the basis of
non-exonerating circumstances;
2) there is an actual possibility that a criminal offence has
been committed outside the territory of Latvia in the interests
or for the benefit of a legal person established in the Republic
of Latvia or as a result of improper supervision or control
thereof.
(4) The decision by means the proceedings regarding the
application of a coercive measure to a legal person are isolated
in separate records shall be attached the copies of the materials
of the separated criminal case and their list.
(5) The decision by means of which the proceedings regarding
the application of a coercive measure to a legal person are
isolated in separate records shall not be subject to appeal.
(6) Proceedings isolated in separate records regarding the
application of a coercive measure to a legal person or
proceedings regarding the application of a coercive measure to a
legal person in the cases laid down in Paragraph 3.1
of this Section shall take place in conformity with the general
procedures laid down in this Law, unless it has been laid down
otherwise in this Law.
[14 March 2013; 29 May 2014; 18 February 2016; 11 June
2020]
Section 439.1 Decision to
Initiate the Proceedings Regarding the Application of a Coercive
Measure to a Legal Person
(1) The person directing the proceedings shall indicate the
following in the decision to initiate the proceedings regarding
the application of a coercive measure to a legal person:
1) the circumstances of committing the criminal offence;
2) the legal qualification of the criminal offence;
3) the justification for the assumption that the criminal
offence under investigation has been, most likely, committed in
the interests for the benefit of, or due to insufficient
monitoring or control by, the legal person;
4) the name, registration number and legal address of the
legal person.
(2) The decision to initiate the proceedings regarding the
application of a coercive measure to a legal person shall not be
subject to appeal.
(3) If any of the circumstances referred to in Paragraph one,
Clauses 1, 2 and 3 of this Section have changed during the
investigation, the person directing the proceedings shall take a
decision. The legal person shall be notified regarding taking of
such decision. The decision on changes in the circumstances
established during the proceedings regarding the application of a
coercive measure shall not be subject to appeal.
[14 March 2013]
Section 440. Circumstances to be
Ascertained in Pre-trial Criminal Proceedings
The following shall be ascertained in pre-trial proceedings
for the application of coercive measures to a legal person:
1) the circumstances of the committing of the criminal
offence;
2) the status of the natural person, if such is known, in the
authorities of the legal person;
3) the actual actions of the legal person;
4) the nature of the operations performed by the legal person,
and the consequences caused by such operations;
5) the measures taken by the legal person in order to prevent
the committing of the criminal offence;
6) the size, type of occupation, and financial situation of
the legal person.
[14 March 2013]
Section 440.1 Completion
of an Investigation if Proceedings Regarding the Application of a
Coercive Measure are Initiated
(1) Upon recommending the initiation of criminal prosecution
or continuation of the proceedings regarding the application of a
coercive measure (if the proceedings against a legal person have
been isolated in separate records or initiated on the basis of
Section 439, Paragraph 3.1 of this Law) and
transferring the materials of the criminal case to the
prosecutor, the investigator shall indicate in the relevant
decision the circumstances referred to in Section 440 of this Law
in addition to the general requirements, and the justification
for the application of a coercive measure to a legal person, as
well as the name, registration number and legal address of the
legal person.
(2) The decision of the investigator to continue the
proceedings regarding the application of a coercive measure to a
legal person shall not be subject to appeal.
[14 March 2013; 18 February 2016]
Section 441. Completion of Pre-trial
Criminal Proceedings
(1) In completing pre-trial proceedings and taking a decision
to transfer a criminal case to a court, a prosecutor shall
indicate, in additional to general requirements, the
circumstances referred to in Section 440 of this Law that have
been ascertained in the pre-trial proceedings, and the grounds
for the application of coercive measures to a legal person.
(2) If the proceedings against a legal person are isolated in
separate records or initiated on the basis of Section 439,
Paragraph 3.1 of this Law, the prosecutor shall, after
receipt and assessment of a decision of the investigator to
continue the proceedings regarding the imposition of a coercive
measure to a legal person and the materials of the proceedings,
perform one of the following actions:
1) revoke the decision of the investigator to continue the
proceedings regarding the application of a coercive measure to a
legal person and return the materials of the proceedings to the
investigating institution for performance of particular
procedural actions;
2) revoke decisions of the investigator to isolate the
criminal proceedings in separate records and to continue the
proceedings regarding the application of a coercive measure to a
legal person and return the materials of the proceedings to the
investigating institution for the continuation of the
investigation, if the prosecutor does not agree to the
continuation of the proceedings since circumstances preventing it
have been established, or considers that there are no grounds for
the continuation of the proceedings regarding the application of
a coercive measure;
3) take a decision to transfer the proceedings regarding the
application of a coercive measure to a legal person to the court,
which shall not be subject to appeal;
4) draw up a penal order of a prosecutor regarding a coercive
measure.
(21) The prosecutor shall take the decisions
referred to in Paragraph two, Clauses 1 and 2 of this Section
within 10 days after receipt of the materials of the
proceedings.
(3) By isolating the proceedings regarding the application of
a coercive measure to a legal person in separate records the
prosecutor may terminate them by taking the decision referred to
in Paragraph two, Clause 2 of this Section or the decision to
terminate the proceedings regarding the application of a coercive
measure to a legal person or by drawing up a penal order of a
prosecutor regarding a coercive measure.
(4) A list of material evidence and documents and a list of
the persons to be summoned to the court hearing shall be attached
to the decision to transfer to the court the proceedings
regarding the application of a coercive measure. The addresses of
the persons to be summoned to the court hearing shall be
indicated only in the list to be sent to the court.
(5) After taking of the decision to transfer to the court the
proceedings regarding the application of a coercive measure to a
legal person the prosecutor shall send a copy of the decision to
the legal person and the victim, explaining the right to receive
copies of the materials of the proceedings or to become familiar
with these materials with the consent of the prosecutor within 10
days after the date of receipt of the decision.
(6) After performing the actions determined in Paragraphs four
and five of this Section the prosecutor shall send the decision
and the materials of the proceedings to the court. The decision
and the materials of the proceedings shall also be sent to the
court in case if the legal person or the victim has not expressed
a wish to receive copies of the materials of the proceedings or
to become familiar with them.
[14 March 2013; 18 February 2016; 19 November 2020]
Section 441.1
Peculiarities of the Proceedings Regarding the Application of a
Coercive Measure to a Legal Person upon Application of a
Prosecutor's Penal Order
(1) If a criminal offence, a less serious crime or a serious
crime for which the sentence of deprivation of liberty up to five
years is provided for, has been committed and the representative
of the legal person recognises the fact of committing of the
criminal offence, the damage caused to the victim has been
compensated for and the representative agrees to the termination
of the proceedings by the application of a coercive measure to
the legal person, the prosecutor may terminate the proceedings by
drawing up a penal order on a coercive measure. The prosecutorʼs
penal order on a coercive measure, if a serious crime has been
committed for which the sentence of the deprivation of liberty
for up to five years is provided, may be drawn up, if a
higher-ranking prosecutor agrees thereto.
(2) In the penal order regarding a coercive measure the
prosecutor shall include the general requirements related to the
termination of criminal proceedings, indicate the circumstances
referred to in Section 440 of this Law and the grounds for the
application of a coercive measure to the legal person, indicating
the type of the coercive measure in the operative part.
(3) In the penal order regarding a coercive measure the
prosecutor may determine restriction of the rights or recovery of
money in accordance with the Criminal Law.
(4) A copy of a penal order of a prosecutor regarding a
coercive measure shall be issued to the legal person the
proceedings against whom are terminated by the penal order, the
person shall be informed regarding the right to become familiar
with the materials of the criminal case or the isolated
proceedings and the consequences of termination of the
proceedings shall be explained to the person. The representative
of the legal person shall confirm with his or her signature that
he or she agrees with the qualification of the criminal offence.
The representative of the legal person may express his or her
agreement either without delay or within five working days after
the date of receipt of the copies. Such agreement may not be
withdrawn.
(5) The prosecutor shall send a copy of the penal order
regarding a coercive measure to the victim and notify of his or
her right to become familiar with the materials of the criminal
case or the isolated proceedings, as well as the right to appeal
the decision within 10 days after the date of receipt of the
notice.
[14 March 2013; 18 February 2016; 20 June 2018]
Section 441.2 Decision to
Transfer the Proceedings Regarding the Application of a Coercive
Measure to a Legal Person to the Court
In the decision to transfer the proceedings regarding a
coercive measure to a legal person to the court the prosecutor
shall, in addition to the general requirements, indicate the
circumstances referred to in Section 440 of this Law and the
justification for the application of a coercive measure, as well
as the name, registration number and legal address of the legal
person.
[14 March 2013]
Section 441.3 Termination
of Pre-trial Proceedings Regarding the Application of a Coercive
Measure to a Legal Person
(1) The person directing the proceedings may take a decision
to terminate the application of a coercive measure to a legal
person, if the circumstances referred to in Section 377, Clause
1, 2, 3, 8 or 10 of this Law have been ascertained.
(2) An investigator with the consent of the supervising
prosecutor or a prosecutor may take a decision to terminate the
application of a coercive measure to a legal person, if attempts
to prove that the criminal offence was committed in the
interests, for the benefit or as a result of insufficient
supervision or control of the legal person and it is not possible
to collect additional evidence, have failed in pre-trial
proceedings.
[29 May 2014]
Section 441.4 Decision to
Terminate Pre-trial Proceedings Regarding the Application of a
Coercive Measure to a Legal Person
(1) The following shall be indicated in a decision to
terminate pre-trial proceedings regarding the application of a
coercive measure to a legal person:
1) the grounds for initiating the proceedings;
2) when and in relation to what criminal offence the
proceedings were initiated;
3) the reason and grounds for terminating the proceedings;
4) the revocation of the seizure of the property;
5) actions with removed objects and valuables;
6) the procedures for the appeal of the decision.
(2) If criminal proceedings and pre-trial proceedings
regarding application of a coercive measure are terminated
concurrently, the decision shall be drawn up in accordance with
that laid down in Section 392.1, Paragraph
4.1 of this Law.
(3) A copy of the decision to terminate pre-trial proceedings
shall be sent to the supervising prosecutor without delay. A copy
of the decision to terminate proceedings shall be sent or issued
to the victim and the legal person.
[29 May 2014]
Section 441.5 Renewal of
the Terminated Pre-trial Proceedings Regarding the Application of
a Coercive Measure to a Legal Person
(1) A procedurally authorised person may renew terminated
pre-trial proceedings regarding the application of a coercive
measure to a legal person, by revoking the decision on
termination, if it has been determined that lawful grounds for
the taking of such decision did not exist, or if new
circumstances have been disclosed that were unknown to the person
directing the proceedings at the moment of taking the decision,
and which have substantial significance in taking of the
decision.
(2) Pre-trial proceedings regarding the application of a
coercive measure to a legal person may be renewed, if limitation
period of criminal liability has not set in.
[29 May 2014]
Section 441.6 Agreement
in the Proceedings Regarding the Application of a Coercive
Measure to a Legal Person
(1) An agreement regarding a coercive measure may be entered
into in the proceedings regarding the application of a coercive
measure to a legal person upon initiative of the prosecutor or
legal person, if:
1) the circumstances, which relate to the object of evidence,
are ascertained;
2) the legal person recognises the fact of committing a
criminal offence;
3) the legal person agrees to the amount, qualification of the
offence, in relation to which the coercive measure is applied,
evaluation of the harm caused and application of the
agreement.
(2) If a prosecutor considers as possible the entering into an
agreement, he or she shall perform the following actions:
1) explain to the legal person the possibility to regulate
criminal-legal relations by entering into an agreement, the
rights of the person in entering into an agreement, and the
consequences of the agreement;
2) [11 June 2020].
(3) Having received a consent of the legal person to enter in
an agreement, the prosecutor shall prepare a draft agreement and
initiate negotiations with the legal person regarding elements of
the agreement.
(4) If the legal person agrees to the qualification of the
criminal offence, in relation to which a coercive measure is
applied, and evaluation of the harm caused, negotiations
regarding the type and extent of the coercive measure, the
imposition of which by the court will be requested by the
prosecutor, shall commence.
(5) A legal person has the following rights in the agreement
process:
1) to agree or not agree to the entering into an
agreement;
2) to submit a recusal;
3) to express his or her proposal regarding the type and
amount of the coercive measure;
4) after entering into an agreement receive copies of the case
materials, which are related to the proceedings regarding the
application of a coercive measure;
5) to be informed of the criminal offence for the committing
of which a coercive measure will be applied, and the type and
amount of the coercive measure, the imposition of which by the
court will be requested by the prosecutor;
6) to participate in examination of the agreement in
court;
7) to provide explanation regarding the course of the
agreement;
8) to submit objections against trial of a case in a written
procedure;
9) to refuse the entered into agreement up to the moment where
the court retires to the deliberation room in order to make a
ruling;
10) to appeal the ruling;
11) to acquaint himself or herself with the minutes of the
court hearing;
12) to receive the legal assistance of a defence counsel.
(6) A victim in the agreement process regarding the
application of a coercive measure to a legal person shall have
the rights laid down in Section 436 of this Law.
[29 May 2014; 11 June 2020]
Section 441.7 Minutes of
Agreement Regarding the Application of a Coercive Measure to a
Legal Person
(1) The following shall be indicated in the minutes of
agreement regarding a coercive measure:
1) the place and date of the occurrence of the action;
2) the position, given name, and surname of the performer of
the procedural action;
3) the name, address, registration number of the legal person,
the given name and surname of the representative thereof, the
given name, surname and location of the practice of the defence
counsel;
4) the circumstances of committing the criminal offence;
5) the qualification of the criminal offence;
6) the amount of harm caused by the criminal offence, and an
agreement regarding the compensation of such harm;
7) the coercive measure, the imposition of which by the court
will be requested by the prosecutor.
(2) If a coercive measure is applied in relation to several
criminal offences, the prosecutor shall indicate, the imposition
of which by the court will be requested by the prosecutor for
each criminal offence and the final aggregate of the coercive
measures to be applied.
(3) The agreement shall be signed by the representative of the
legal person and the prosecutor, and a copy thereof shall be
issued to the legal person or the representative thereof.
[29 May 2014]
Section 441.8 Transfer of
the Proceedings, in which an Agreement Regarding the Application
of a Coercive Measure has been Entered into, to the Court
(1) After entering into an agreement, a prosecutor shall send
the materials of a case together with the minutes of agreement to
the court, proposing for such court to approve the entered into
agreement.
(2) In a proposal to a court, a prosecutor shall:
1) inform regarding an entered into agreement;
2) mention the evidence confirming that the criminal offence
was committed in the interests or for the benefit of, or as a
result of insufficient supervision or control by the legal
person;
3) indicate the amount of the harm caused by the criminal
offence committed in the interests or for the benefit of, or as a
result of insufficient supervision or control by the legal
person;
4) inform regarding the expenditures of pre-trial
proceedings;
5) refer to material evidence, the location thereof, and
resources that have been used for the ensuring of compensation
and of a possible confiscation of property;
6) request the court to approve the entered into agreement and
impose the coercive measure provided for in such agreement.
(3) If the agreement regarding the application of a coercive
measure is entered into concurrently with the agreement specified
in Section 433 of this Law, the prosecutor shall draw up one
proposal.
(4) The prosecutor shall inform the legal person, the victim,
and the representatives thereof in writing regarding the court to
which the case has been sent.
(5) After sending of a case to a court, all requests and
complaints shall be sent directly to the court.
[29 May 2014]
Division Eight
General Provisions of Court Proceedings
Chapter 40 Criminal cases within
the Jurisdiction of a Court
Section 442. Instances of Court
Proceedings in a Criminal Case
(1) A district (city) court shall examine all criminal cases
as a court of first instance. Criminal cases the materials of
which include objects containing official secret shall be within
the jurisdiction of the Riga City Court as the court of first
instance. The Economic Court shall examine criminal cases
regarding criminal offences provided for in Section
73.1, Paragraph two, Section 79.2,
Paragraph two, Section 195, Section 198, Paragraph two, three or
four, Section 199, Paragraph two, Section 320, Paragraph three or
four, Section 321, Paragraph two, three or four, Section 322,
Paragraph two, Section 323, Paragraph two or three, Section
326.1, Paragraph two, Section 326.2,
Paragraph two or Section 326.3, Paragraph two of the
Criminal Law. The Economic Court shall examine a criminal case if
the person is being held criminally liable for several criminal
offences and the most serious or one of the most serious criminal
offences is within the jurisdiction of the Economic Court.
(2) A regional court shall examine as an appellate court a
ruling of a district (city) court appealed in accordance with
appellate procedures. Riga Regional Court shall examine a ruling
of the Economic Court appealed in accordance with appellate
procedures.
(3) The Supreme Court shall examine as a cassation court a
ruling of any court appealed in accordance with cassation
procedures.
[24 May 2012; 19 December 2013; 19 November 2020; 16 June
2022]
Section 443. Jurisdiction of a
Criminal Case on the Basis of the Location where the Criminal
Offence was Committed
(1) A criminal case shall be examined by the court in the
operational district of which the criminal offence was
committed.
(2) If the determination of the location where the criminal
offence was committed is not possible, the criminal case shall be
within the jurisdiction of the court in the operation district of
which pre-trial proceedings were completed.
(3) In cases of prolonged or continued criminal offences, the
criminal case shall be within the jurisdiction of the court in
the operational district of which the criminal offence was
completed or interrupted.
(4) In order to ensure the faster examination of a criminal
case, in individual cases it may be examined:
1) on the basis of the location of the disclosure of the
criminal offence;
2) on the basis of the location of the entering into effect of
the consequences of the criminal offence;
3) on the basis of the location of the majority of the accused
or witnesses.
Section 444. Actions with a Criminal
Case within the Jurisdiction of Another Court
(1) If a court determines up to the commencement of a court
investigation that a criminal case is within the jurisdiction of
another court, the criminal case shall be transferred to the
relevant court on the basis of jurisdiction.
(2) If a court determines during a court investigation that a
criminal case is within the jurisdiction of another court, such
court shall continue the initiated proceedings.
Section 445. Transferring to another
Court of a Criminal Case within the Jurisdiction of a Court
(1) Until the beginning of a court investigation, a court may
propose the transferring of a criminal case within the
jurisdiction thereof to another court, if:
1) in transferring the criminal case faster examination
thereof may be achieved;
2) criminal cases regarding criminal offences committed by one
and the same person exist in two or more courts of the same level
or participation or co-participation of several persons in
committing one or several criminal offences; or
3) all the relevant court's judges have been removed or
rejected.
(2) In the case referred to in Paragraph two, Clause 2 of this
Section, a court whose court proceedings have a criminal case
regarding a less serious criminal offence shall transfer the
criminal case to a court whose court proceedings have a criminal
case regarding a more serious criminal case.
(3) The chairperson of a court one level higher shall decide a
matter regarding the transferring of a criminal case from one
court to another court. If the cases referred to in Paragraph
one, Clause 2 of this Section are located in different court
regions, the matter shall be decided by the chief judge of such
regional court, in the territory of operation of which the court
initiating the transfer of the case to another court is located.
The decision shall be taken in the manner of a resolution.
[19 January 2006; 12 March 2009]
Section 446. Inadmissibility of
Disputes regarding Jurisdiction
(1) A criminal case transferred from one court to another in
accordance with the procedures laid down in this Law shall be
accepted by such court.
(2) Disputes between courts regarding jurisdiction shall not
be permitted.
Chapter 41 Composition of a
Court
Section 447. Trial of a Criminal
Case Singly and Collegially
(1) In a court of first instance, a judge shall singly try a
criminal case.
(2) [16 June 2009]
(3) [11 June 2020]
(4) In appellate or cassation courts criminal cases shall be
tried collegially.
[12 March 2009; 16 June 2009; 11 June 2020]
Section 448. Deciding of Matters in
Court
(1) Matters that arise in the collegial trial of a case shall
be decided by a court by a majority vote.
(2) [16 June 2009]
(3) No member of the composition of a court is entitled to
abstain from voting.
[12 March 2009; 16 June 2009]
Chapter 42 General Provisions of
the Trial of a Criminal Case
Section 449. Directness and Oral
Hearing of the Trial of a Criminal Case
(1) A court of first instance shall directly examine evidence
in a case.
(2) A person shall provide testimony orally in a court
hearing.
(3) Written evidence and other documents, which are related to
the object of evidence, shall be read or played in a court
hearing fully or partially, if the person who conducts defence, a
prosecutor, a victim or his or her representative, and the owner
of the property affected during criminal proceedings whose
property has been seized has applied such request. The written
evidence and documents indicated in a decision to transfer a
criminal case to a court shall be examined in a court hearing
only when the person who conducts defence, a prosecutor, a victim
or his or her representative and the owner of property infringed
during criminal proceedings whose property has been seized has
submitted such a request, however, it is not read or played in a
court hearing.
(4) If a request is justified, a court shall decide on an
inspection of material evidence.
(5) A verification of evidence during trial of a case may not
take place only in the cases and in accordance with the
procedures laid down in this Law.
[24 May 2012; 16 October 2014; 30 March 2017; 22 June 2017;
11 June 2020]
Section 450. Openness of the Trial
of a Criminal Case
(1) A criminal case shall be tried in an open court
hearing.
(2) A criminal case regarding a criminal offence against the
morality and sexual inviolability, and regarding a criminal
offence committed by a minor or against a minor, and also a
criminal case in which the protection of a State or adoption
secret is necessary shall be tried in a closed court hearing.
(3) A court may determine a closed court shearing with a
reasoned decision:
1) [27 September 2018];
2) [18 February 2016];
3) in order to not disclose intimate circumstances of the
lives of persons involved in criminal proceedings;
4) in order to protect a professional secret or commercial
secret;
5) in order to ensure protection of persons involved in
criminal proceedings;
6) [27 September 2018].
(4) Persons involved in criminal proceedings shall participate
in a closed court hearing.
(5) A court ruling shall be announced publicly. In a criminal
case that has been tried in a closed court hearing, the
introductory part and operative part of the court ruling shall be
announced publicly, without disclosing information identifying
the victims.
[29 May 2014; 18 February 2016; 27 September 2018]
Section 451. Right to Become
Acquainted with the Materials of a Case
(1) An accused, his or her defence counsel, a representative
of a legal person, a prosecutor, a victim, and his or her
representative shall be permitted to familiarise themselves with
materials that have been additionally attached to a criminal case
after receipt thereof in a court, make extracts and true copies
from such materials, and request the preparation of copies of
those case materials, which infringe the interests and rights of
this person, except in the cases provided for by law, but if
objective necessity exists, such persons shall be permitted to
familiarise themselves with all the materials of a criminal case
and request the preparation of copies of those case materials,
which infringe the interests and rights of this person. If, in
completing the pre-trial criminal proceedings, a person has
refused to familiarise himself or herself with materials of a
case or to receive copies from such materials, it may be the
grounds for recusal of the request.
(2) After completion of a case in a court of first instance or
an appellate court the persons involved in the proceedings whose
interests are infringed by a particular criminal proceedings have
the rights to familiarise themselves with those case materials
which have come up in a case during examination thereof in the
relevant instance of courts, or to receive copies of these
materials.
(3) A representative or defence counsel, who has not
participated in the relevant criminal proceedings previously, has
the right to familiarise with the materials of a criminal case
which refer to a person to be represented or defended by him or
her, or to request to make copies of these materials.
[12 March 2009; 29 May 2014]
Section 452. Unchangeability of the
Composition of a Court
(1) A court hearing in a criminal case shall occur in an
unchanging composition of judges.
(2) If a judge is substituted by another judge in the course
of the trial of a criminal case, the trial of the criminal case
shall be commenced de novo.
Section 453. Reserve Judge
(1) A reserve judge may participate in a criminal case for the
trial of which a long term is necessary, and he or she shall be
located in the courtroom during the trial of the case. A note
shall be made in the minutes of the court hearing thereon.
(2) If a judge is substituted by a reserve judge during the
trial process of a criminal case, the trial of the case shall
continue. In such case, the trial of the case shall be completed
by the court in the new composition thereof.
[16 June 2009]
Section 454. Chairperson of a Court
Hearing
(1) A court hearing shall be led by one of the judges who
participates in the trial of the criminal case (hereinafter - the
chairperson of a court hearing).
(2) The chairperson of a court hearing shall lead the trial of
a case in such a way that equal opportunity is ensured for the
person who conducts defence, a prosecutor, and a victim to
participate in the investigation of the circumstances of the
case.
[12 March 2009]
Section 455. Procedural Rights in
Trial
(1) In a court hearing, an accused, his or her representative
and defence counsel, a victim and his or her representative, as
well as the owner of property affected during criminal
proceedings whose property has been seized, and a prosecutor have
equal rights to submit recusals, submit requests, submit
evidence, indicating why they had not been submitted to a court
hitherto, participate in verification of evidence, submit written
explanations to the court, participate in court debates, and to
participate in the trial of other matters that have arisen during
the course of a criminal case.
(11) In order to submit additional evidence a
defence counsel and a prosecutor has the right to request
documents of importance to the criminal proceedings and
information regarding facts from natural persons and legal
persons, except for that provided for in Section 121, Paragraph
five and Section 192 of this Law.
(2) A court is entitled to acquire evidence on the basis of
the initiative thereof, and to examine such evidence in a court
hearing, only in the case where the accused conducts defence
himself or herself, and justified doubts arise for the court
regarding his or her mental capacity or possible guilt in the
prosecution.
(3) A court may recognise as proved factual circumstances of a
criminal case which are different from prosecution, if thereby
the state of an accused is not deteriorated and his or her rights
to defence are not infringed.
[12 March 2009; 10 January 2013; 22 June 2017]
Section 456. Participation of a
Prosecutor in the Trial of a Case
(1) The participation of a prosecutor in the trial of a
criminal case is mandatory.
(2) A prosecutor shall maintain State prosecution in a case,
justify such prosecution with evidence, express his or her views
regarding the circumstances determined during the trial of the
case, and participate in court debates. Several prosecutors may
also maintain State prosecution in a single criminal
proceedings.
(3) A prosecutor may submit and maintain an application
regarding a recovery of compensation in the interests of the
State or local government.
[21 October 2010; 18 February 2016]
Section 457. Consequences of the
Non-arrival of a Prosecutor
(1) If a prosecutor does not arrive for a court hearing, the
trial of the criminal case shall be deferred. If several
prosecutors are participating in the trial of the criminal case
and any of them has not arrived, the trial of the case may be
continued. The trial of the case may also be continued if any of
the prosecutors has not arrived to the court debates by a consent
of a chief prosecutor.
(2) If the reasons for the non-arrival of a prosecutor are
unknown, a chief prosecutor shall be notified of the
non-attendance thereof.
[24 May 2012; 7 January 2021]
Section 458. Replacement of a
Prosecutor during the Trial of a Criminal Case
(1) If the subsequent participation of a prosecutor in the
trial of a case is not possible, he or she may be replaced.
(2) In the case of a change of prosecutor, a court shall
continue the trial of the case.
(3) A court shall give a prosecutor who has newly entered a
criminal case time to prepare for the trial of the criminal
case.
(4) A prosecutor who has newly entered a criminal case may ask
the court to repeatedly hear the testimony of a witness or
victim, as well as the owner of property infringed during
criminal proceedings whose property has been seized, or the
findings of an expert, as well as perform other procedural
actions.
[22 June 2017]
Section 459. Duty of a Prosecutor to
Withdraw from Prosecution
(1) If a prosecutor admits, during the course of the trial of
a criminal case, that a prosecution has not been confirmed either
completely or partially, he or she has a duty to completely or
partially withdraw from prosecution by submitting to a court the
reasoning for the withdrawal approved by a higher-ranking
prosecutor.
(2) A prosecutor may be withdrawn from prosecution up until
the retiring of the court to the deliberation room for the
rendering of a judgment.
Section 460. Consequences of a
Withdrawal from Prosecution
(1) If a prosecutor withdraws from a prosecution without
complying with the procedures laid down in Section 459, Paragraph
one of this Law, the court shall announce an interruption in the
court hearing. If the higher-ranking prosecutor does not change
the maintainer of the prosecution, and does not renew the
maintenance of prosecution, within three working days up to the
recommencement of the court hearing, a court shall take the
decision to terminate the criminal proceedings in connection with
the withdrawal from prosecution of the prosecutor.
(2) In a criminal case in which a decision has been taken on
termination of the criminal proceedings in connection with a
withdrawal from prosecution of a prosecutor, the renewal of the
proceedings shall be allowed if new circumstances have been
disclosed.
(3) The withdrawal from prosecution of a prosecutor shall not
be an impediment to the requesting of consideration for harm in
accordance with the procedures laid down in the Civil Procedure
Law.
[12 March 2009]
Section 461. Duty of a Prosecutor to
Modify a Prosecution
(1) If a prosecutor admits, during the course of the trial of
a criminal case, that the pursued and issued prosecution should
be modified to a lighter or more serious prosecution or also the
prosecution should be modified due to a change in the factual
circumstances of the criminal offence without any changes in the
qualification of the offence, he or she has a duty to modify the
prosecution, substantiating such modification.
(2) A prosecutor may modify a prosecution to a lighter
prosecution, if the factual circumstances of the criminal offence
do not change, up to the moment when the court retires to render
a judgment, or, in other cases, up to the completion of the court
investigation.
[21 October 2010]
Section 462. Modification of a
Prosecution during the Course of a Trial
(1) If a prosecutor modifies a prosecution to a lighter
prosecution without the factual circumstances of the criminal
offence changing, the new prosecution shall be recorded in the
minutes of the court hearing.
(2) If a prosecutor modifies a prosecution to a lighter
prosecution due to a change in the factual circumstances of the
criminal offence, or to a more serious prosecution, if the
factual circumstances of the criminal offence remain unchanged,
or due to a change in the factual circumstances of the criminal
offence, if the qualification of the offence remains unchanged,
the new prosecution may be recorded in the minutes of the court
hearing. The prosecutor shall submit the new prosecution in
writing upon request of the court, the accused, or his or her
defence counsel. If a time period is necessary for the
modification of the prosecution, the court shall announce an
interruption in the court hearing if the defence needs time to
prepare for the new prosecution.
(3) If a prosecutor admits in a court of first instance that a
prosecution is modifiable to a more serious prosecution because
other factual circumstances of the criminal offence have been
determine in a court hearing, the court shall announce, upon
request of the prosecutor, an interruption for the performance of
necessary investigative actions and for the drawing up of a new
prosecution.
(4) A prosecutor shall, within a month, submit a new
prosecution to a court, which the court shall send to an accused,
victim his or her representative and notify the time of trial of
a criminal case.
(5) In case of amending of a prosecution, the composition of a
court and jurisdiction shall remain unchanged.
[12 March 2009; 21 October 2010]
Section 463. Participation of an
Accused in the Trial of a Criminal Case
(1) The participation of an accused in the trial of criminal
proceedings is mandatory.
(2) If the accused does not arrive for a court hearing, the
trial of the criminal case shall be deferred.
(3) If an accused does not arrive for a court hearing due to
an unjustified reason, or he or she has not notified of the
reasons for non-arrival, a court may decide to impose a fine or
on his or her conveyance by force to the court, and regarding the
modification or application of a security measure.
[24 May 2012]
Section 464. Trial of a Criminal
Case without the Participation of an Accused
(1) A court may try a criminal case regarding a criminal
violation, a less serious crime, and a serious crime for which
the sentence of deprivation of liberty up to five years is
provided for, without the participation of the accused, if the
accused repeatedly does not arrive to a court hearing without a
justified reason or has submitted to the court a request for the
trial of the criminal case without his or her participation.
(2) A criminal case may be tried without the participation of
the accused if the accused has fallen ill with a serious illness
that excludes the possibility for him or her to participate in
the trial of the criminal case.
(3) A criminal case with several accused may be tried without
the participation of some accused if the prosecution is being
tried at a court hearing in the part brought against other
accused, if the participation of such accused in a court hearing
is not necessary and he or she has notified the court regarding
his or her unwillingness to participate in the relevant court
hearing.
[21 October 2010; 24 May 2012; 27 September 2018; 11 June
2020]
Section 465. Trial of a Criminal
Case in the Absence of the Accused (in absentia)
(1) A court may try a criminal case in the absence of the
accused (in absentia) in one of the following cases:
1) whereabouts of the accused are unknown and it is indicated
in information regarding the search results;
2) the accused is located in a foreign country and the
ensuring of his or her arrival in court is not possible.
(11) In the cases specified in Paragraph one of
this Section the court may try a criminal case in the absence of
the accused (in absentia) also if during trial the prosecutor
recognises that the prosecution should be amended.
(2) A court ruling that has been made by trying a case in the
absence of the accused (in absentia) shall enter into effect in
accordance with general procedures. Nevertheless, the convicted
person may appeal the ruling in accordance with appellate or
cassation procedure within 30 days from the day when a copy of
the ruling has been received.
(3) From the moment when a court has received an appeal or
cassation complaint, the convicted person shall obtain the status
and all rights of an accused. A judge of a court of first
instance, but when a ruling of appellate court is being appealed
- a judge of appellate court shall take the decision to suspend
the execution of judgment and apply a security measure.
(31) If an appeal or cassation complaint is
submitted by a person who is being extradited by a foreign
country to Latvia for execution of a custodial sentence, then the
decision to accept the complaint shall be taken and the person
shall obtain the status of an accused from the moment when he or
she has been actually transferred to Latvia.
(4) If a case has been tried in a court of first instance in
the absence of the accused (in absentia), the convicted person
may appeal the ruling in accordance with appellate
procedures.
(5) If a case has been tried both in a court of first instance
and appellate court in the absence of the accused (in absentia),
the convicted person may appeal the ruling in accordance with
appellate procedures. After receipt of an appellate complaint, a
judge of the appellate court shall send the criminal case to a
cassation court and request it to revoke the ruling made by the
appellate court. A cassation court shall immediately decide the
request of a judge of appellate court in written procedure
without informing the persons involved in the proceedings, and
revoke the ruling made by the appellate court.
(6) If a case has been tried only in an appellate court in the
absence of the accused (in absentia), the convicted person may
appeal the ruling in accordance with cassation procedures.
(7) If in a case which has been examined both in the court of
first instance and appellate court in the absence of the accused
(in absentia) a ruling of a cassation court has been made or the
examination of the legality of a ruling has been refused, the
convicted person may appeal the ruling in accordance with
appellate procedures. After receipt of an appellate complaint, a
judge of the appellate court shall send the criminal case to a
cassation court and request it to revoke the decision taken by a
cassation court (judge). A cassation court shall immediately
decide the request of a judge of appellate court in written
procedure without informing the persons involved in the
proceedings, and revoke the decision taken by the cassation court
(judge) and the ruling made by the appellate court.
[12 March 2009; 24 May 2012; 29 May 2014; 27 September
2018; 11 June 2020]
Section 466. Participation of a
Defence Counsel in the Trial of a Case
(1) The participation of a defence counsel in the trial of a
criminal case is mandatory in the cases provided for in this Law
and on the basis of a summons of persons involved in proceedings.
If the defence counsel with whom the client has entered into an
agreement or who has been appointed by the senior of the sworn
advocates cannot participate in a court hearing, he or she shall
ensure that another advocate arrives in his or her place,
agreeing with the client thereupon or informing the senior of the
sworn advocates thereof in advance.
(2) A defence counsel shall implement the rights of a person
to defence, express his or her views regarding the circumstances
determined during the course of the trial of a case, and
participate in court debates. Several defence counsels may also
conduct defence in a single criminal proceedings.
[11 June 2020]
Section 467. Consequences of the
Non-arrival of a Defence Counsel
(1) If a defence counsel does not arrive for a court hearing,
the trial of a criminal case shall be deferred. The court shall
notify the Latvian Council of Sworn Advocates of the non-arrival
of the defence counsel for a court hearing.
(2) If several defence counsels of the accused participate in
the trial of a criminal case and any of them has not arrived, the
trial of the case may be continued.
[24 May 2012; 11 June 2020]
Section 468. Replacement of a
Defence Counsel during the Trial of a Criminal Case
(1) If the subsequent participation of a defence counsel in
the trial of a case is not possible within a reasonable term, he
or she may be replaced.
(2) In the case of a change of defence counsel, a court shall
continue the trial of a case.
(3) A court shall give a defence counsel who has newly entered
a criminal case time to prepare for conducting defence.
(4) A defence counsel who has newly entered a criminal case
may ask the court to repeatedly hear the testimony of a witness
and victim, as well as the owner of property affected during
criminal proceedings whose property has been seized, or the
findings of an expert, as well as perform other procedural
actions.
[12 March 2009; 27 September 2018]
Section 469. Participation of a
Victim in the Trial of a Criminal Case
(1) A criminal case shall be tried with the participation of a
victim or his or her representative.
(2) If a victim does not arrive for a court hearing, a
criminal case shall be tried without the presence thereof, except
in cases where the court admits that the participation of the
victim in the trial of a criminal case is mandatory, or the
victim has requested, due to a justified reason, for the court
hearing to be deferred.
Section 470. Consequences of the
Non-arrival of a Witness, Expert or Owner of Property Infringed
During Criminal Proceedings
(1) If a witness or expert does not arrive for a court
hearing, the court shall commence the trial of the case, if, in
accordance with this Law, grounds to defer such court hearing do
not exist.
(2) The procedural sanctions specified in this Law shall be
applied to a witness or expert who has not arrived for a court
hearing due to an unjustified reason. A witness may also be
applied conveyance by force.
(3) Non-arrival to the court hearing of an owner of property
infringed during criminal proceedings whose property has been
seized shall not be an impediment to examination of a case if the
procedures for the summoning of this person have been complied
with.
[24 May 2012; 22 June 2017]
Section 471. Procedures during Court
Hearings
(1) When the court enters a courtroom and departs from such
courtroom, the persons present in the courtroom shall rise.
(2) The persons present in a courtroom shall stand while
hearing the introductory part and operative part of the judgment
of the court.
(3) Persons present in a court hearing shall behave so as not
to disturb the course of the court hearing.
(4) The persons present in a court hearing shall submit
without objections to the instructions of the chairperson of the
court hearing, court decisions, and the requirements of the
bailiff.
(5) Procedural sanctions may be applied to a person who
interferes with order in a courtroom, or such person may be held
to the liability, specified by law, regarding contempt of
court.
(6) A bailiff for whom the orders of the chairperson of a
court hearing are mandatory shall maintain order in a
courtroom.
[19 January 2006]
Section 472. Right to be Present in
a Courtroom
(1) The number of persons present in a courtroom shall be
determined by the court according to the number of seats in the
courtroom.
(2) The immediate family of an accused or victim, or other
persons invited by such accused or victim, have priority rights
to be present in the trial of a criminal case.
(3) Persons under 14 years of age shall not be admitted to a
courtroom, unless such person is a person involved in criminal
proceedings.
[12 March 2009]
Section 473. Decisions Taken in a
Court Hearing
(1) Matters that have arisen during the trial of a case shall
be resolved by a court by taking decisions.
(2) The following decisions shall be taken by a court in the
deliberation room:
1) to terminate proceedings;
2) regarding a security measure;
3) regarding a recusal;
4) to determine an expert-examination.
(3) A court shall prepare the decisions referred to in
Paragraph two of this Section in the manner of a separate
document. A decision shall be signed by the entire composition of
a court.
(4) Other decisions may be taken, on the basis of the
discretion of the court, both in the deliberation room and by
negotiating in the courtroom. Such decisions shall be recorded in
the minutes of the court hearing.
(5) A court decision taken during a trial shall be announced
immediately.
(6) A decision to determine a knowingly false testimony or
findings shall be taken by a court simultaneously with a
judgment. The decision shall be sent to an investigating
institution.
(7) Decisions taken during a trial may be appealed only
simultaneously with an appeal of a final ruling made by a court,
if this Law does not specify otherwise.
[11 June 2020]
Section 474. Correction of Clerical
Errors and Mathematical Miscalculations
(1) A court may correct clerical errors or mathematical
miscalculations in a ruling on the basis of the initiative
thereof or a proposal of a person involved in proceedings. A
matter regarding the correction of errors shall be decided in a
written procedure.
(2) Clerical errors or mathematical miscalculations shall be
corrected by taking a decision, which shall be announced to the
persons involved in proceedings and to the institution which
executes the sentence, if such correction applies to execution of
the sentence.
(3) Persons involved in proceedings may submit a complaint, or
a protest to a higher level court within 10 days, regarding
correction of an error made by a court in a ruling. Such
complaint or protest shall be examined by a judge of a higher
level court in a written procedure without participation of the
persons involved in the procedure. The decision shall not be
subject to appeal.
[12 March 2009; 21 October 2010]
Chapter 43 Merger, Division,
Deferral, Suspension, or Termination of Criminal Proceedings
Section 475. Merger of Criminal
Proceedings
(1) If one court has two or more criminal cases regarding
criminal offences committed by one person or the taking part or
participation of several persons in the commitment of one or
several criminal offences, the criminal proceedings regarding
such offences shall be merged, except where the merger of
criminal proceedings would substantially complicate examination
of the criminal case.
(2) Criminal proceedings may be merged up to the commencement
of a court investigation with a decision of a judge or court and
such decision shall not be subject to appeal.
(21) During a court investigation in a court of
first instance the criminal cases regarding participation or
co-participation of several persons in one or several criminal
offences may be merged in one criminal proceedings, if it has
come out during the trial in a court of first instance.
(3) In merging criminal proceedings, materials regarding a
lighter criminal offence shall usually be attached to a criminal
case regarding a more serious criminal offence.
[19 January 2006; 12 March 2009]
Section 476. Division of Criminal
Proceedings
(1) Criminal proceedings in which several persons, or one
person, are prosecuted for several criminal offences may be
divided in the interests of the accused or the victim, if the
division does not interfere with the achievement of the objective
of criminal proceedings.
(2) A court shall take a decision on division of criminal
proceedings that shall also simultaneously be recognised as a
decision to initiate new criminal proceedings. The date of the
initiation of the new criminal proceedings is the date of the
taking of the decision. The decision shall not be subject to
appeal.
(21) Taking of a decision on division of criminal
proceedings shall not be the grounds for submission of recusation
in the criminal proceedings divided out to a judge.
(3) A decision shall indicate the grounds for the division of
criminal proceedings, the personal data of the accused, the
essence of the prosecution, the section, paragraph, and clause of
the Criminal Law on the basis of which the prosecution has been
pursued, the security measure and the date, term, and other
conditions of the application thereof, as well as the direction
of the proceedings after division thereof.
(4) If the ascertaining of the person who has committed a
criminal offence is necessary in the materials divided out from
criminal proceedings, a court shall send such materials to the
Office of the Prosecutor.
(5) If the reasons for the division of criminal proceedings is
the evasion of one or several accused from court, a court shall
decide, simultaneously with a decision on division of criminal
proceedings, on suspension of the trial of a criminal case in the
separated criminal proceedings. In resuming the trial in the
criminal proceedings divided out if the composition of a court
has not changed, the procedural actions previously performed in a
court, in which the accused participated, need not be
repeated.
(6) A decision on division of proceedings shall be sent to a
prosecutor, accused, and victim.
[12 March 2009; 21 October 2010; 24 May 2012]
Section 477. Deferral of a Trial
(1) If the trial of a criminal case is not possible in
connection with the fact that one of the persons summonsed to the
court hearing has not arrived at such hearing, a court shall take
the decision to defer the trial for a specific term.
(2) In deferring trial, a court shall decide on the conveyance
by force to a court hearing of a person who has not arrived for
such court hearing, or regarding the application of procedural
sanctions.
(3) In recommencing trial after deferral thereof, a court may
not repeat previously performed procedural actions.
Section 478. Suspension of Criminal
Proceedings due to the Interpretation of a Legal Provision
(1) If a court considers that a legal provision that has been
applied in specific criminal proceedings does not comply with a
legal provision (act) of higher legal effect, such court shall
issue an application regarding the initiation of the case in the
Constitutional Court, simultaneously suspending court proceedings
in the criminal case until a ruling of the Constitutional Court
enters into effect.
(2) If a preliminary ruling of the Court of Justice of the
European Union on the interpretation and the validity of a legal
provision of the European Union is necessary for the trial of a
specific case, a court shall send the ambiguous matter to the
Court of Justice of the European Union in the manner of a
reasoned decision, simultaneously suspending criminal proceedings
in the criminal case until the day of coming into force of the
preliminary ruling.
(3) In suspending court proceedings due to the ambiguity of an
interpretation of a legal provision, a court shall decide on the
determination of the necessary compulsory measure or seizure of
property, yet without violating the procedural term specified by
law.
[12 March 2009; 21 October 2010]
Section 479. Suspension of Criminal
Proceedings due to the Illness of an Accused
(1) If an accused has fallen ill with mental disorder or
another serious illness, and will not be able to participate in a
court hearing for a long period of time, a court can suspend the
criminal proceedings until the accused has recovered.
(2) In the case referred to in Paragraph one of this Section,
a court may determine an expert-examination for an accused.
(3) If an accused has recovered, a judge shall renew trial by
writing up a decision in the manner of a resolution.
(4) If the contraction of mental disturbances has been
recognised as untreatable and excludes the imposition of a
criminal sentence, proceedings for the determination of
compulsory measures of a medical nature shall be continued.
(5) If the mental disorder or another serious illness has been
confirmed as untreatable and the accused cannot participate in
the court hearing, the court shall renew the criminal proceedings
and continue trial by ensuring participation of a defence
council.
[12 March 2009; 27 September 2018]
Section 480. Suspension of Criminal
Proceedings in Connection with the Evasion of Court of an
Accused
(1) If an accused evades court, the court shall take a
decision on a search for the accused and regarding the suspension
of criminal proceedings until the time when the accused is
found.
(2) The decision on a search for an accused shall be
transferred for execution to the body performing operational
activities according to the competence thereof.
(3) After finding of an accused or after receipt of
information regarding the location of an accused in a foreign
country, a judge shall renew trial by writing up a decision in
the manner of a resolution. The judge may renew trial, if he or
she has received information that the whereabouts of the accused
are unknown.
[12 March 2009; 21 October 2010; 29 May 2014]
Section 481. Termination of Criminal
Proceedings in a Court Hearing
(1) A court shall terminate criminal proceedings or a part
thereof in the following cases:
1) if such court determines, during a trial, the circumstances
indicated in Section 377, Clauses 3-10 of this Law that do not
allow for criminal proceedings;
2) if a prosecutor has withdrawn from prosecution;
3) [12 March 2009].
(11) If the accused has died during examination in
the court of first instance, examination of a case shall be
continued only if an application of a relative of the deceased
regarding continuation of criminal proceedings for exoneration of
the deceased has been received within a month after death of the
accused. Examination of the case shall be continued in accordance
with general procedures. The person who has requested
continuation of the proceedings has the right to appeal a
decision of a court of first instance and appellate court.
(2) A court may terminate criminal proceedings, releasing a
person from criminal liability, in the cases determined in
Section 379 of this Law.
(3) It shall be decided in a decision on termination of
criminal proceedings on the security measure applied, the
measures for ensuring of compensation for losses and a possible
confiscation of property, other procedural compulsory measures,
as well as material evidence.
(4) If criminal proceedings are being terminated, but the
materials of the criminal case contain information regarding
facts in connection with which disciplinary coercion measures or
an administrative penalty should be applied to a person, the
court shall send the necessary materials to the competent
authority or official.
(5) If the court, upon terminating criminal proceedings or a
part thereof against a person, establishes that a criminal
offence has occurred and it is necessary to ascertain the person
who committed the offence, the criminal case thereof or a part of
the criminal case shall be sent to the Office of the
Prosecutor.
[12 March 2009; 21 October 2010; 24 May 2012]
Chapter 44 Recording of the Course
of a Court Hearing
Section 482. Minutes of a Court
Hearing
(1) The minutes of a court hearing is a procedural document in
which the course of the trial of a case and the decisions taken
in the court hearing shall be recorded. The court hearing shall
be recorded in full amount using sound or sound and image
recording or other technical means, but if it is not possible,
the court hearing shall be recorded in writing.
(11) Upon commencing the trial of a case, the
following shall be indicated in the minutes of the court
hearing:
1) the time and place of the court hearing (also the beginning
and end of the court hearing);
2) the composition of the court, the secretary of the court
hearing, as well as the interpreter, if he or she participates in
the court hearing;
3) the given name and surname of the accused;
4) the criminal offence according to the prosecution;
5) the name and registration number of such legal person
against which proceedings regarding application of coercive
measures have been commenced;
6) the given name and surname of the prosecutor and defence
counsel, if such persons participate in the court hearing;
7) the given name and surname of the victim and his or her
representative, if such persons participate in the court
hearing;
8) the essence of the requests submitted to the court, if such
requests have been submitted, and the content of the decisions
taken by the court in relation to such requests.
(2) [7 October 2021]
(21) The minutes of the court hearing shall be
stored together with the criminal case and inserted and stored in
the Court Information System.
(3) In the cases provided for in this Law, minutes shall also
be prepared regarding procedural actions performed outside the
courtroom.
(4) [7 October 2021]
[12 March 2009; 7 October 2021]
Section 483. Recording of the Course
of a Court Hearing with Technical Means
[7 October 2021]
Section 484. Recording of the Course
of a Court Hearing in Writing
(1) The secretary of a court hearing shall write the minutes
of the court hearing, and such minutes shall be signed by the
chairperson of the court hearing and the secretary.
(2) [7 October 2021]
(3) The following shall be additionally recorded in minutes
after commencement of a court investigation:
1) the attitude of the accused toward the prosecution;
2) the given name and surname of the witnesses, experts, and
other persons involved in proceedings who have arrived;
3) court orders and decisions that have not been taken in the
manner of separate procedural documents;
31) objections against action of the chairperson of
the court hearing;
4) information regarding an examination of material evidence
or documents;
5) [30 March 2017];
6) the day of availability of the minutes.
(4) The testimonies provided by the accused, victim, witness,
expert, owner of property infringed during criminal proceedings
whose property has been seized, and explanations of other persons
involved in proceedings, speeches of court debates, replies, and
the last word of the accused are recorded in the minutes of the
court hearing.
(5) Minutes of separate procedural actions performed outside
of a courtroom shall comply with the requirements referred to in
this Section.
(6) Corrections in minutes shall be justified before the
signature of the secretary of a court hearing. Incomplete lines
and other blank spaces in the minutes shall be crossed out.
(7) The content of minutes shall not be extinguished, blocked
out, or corrected in another manner by applying mechanical
effects.
(8) The minutes of a court hearing shall be drawn up within
three working days after day of the announcement of a court
judgment. If an interruption is announced which is longer than 14
days, the minutes of a court hearing shall be drawn up within
three working days after day of the court hearing. A prosecutor,
persons who conduct defence, a victim, and an owner of property
infringed during criminal proceedings whose property has been
seized may familiarise themselves with the minutes, if necessary,
receive a copy of the minutes and, within three working days from
the day of availability of the minutes, submit notes regarding
such minutes.
(9) If the chief of a court hearing does not agree with the
submitted notes fully or in any part thereof, such notes shall be
examined by a court composition and a decision shall be taken.
The decision shall not be subject to appeal.
[12 March 2009; 24 May 2012; 29 May 2014; 30 March 2017; 22
June 2017; 7 October 2021]
Section 484.1 Rights of
Journalists to Record the Course of a Court Hearing
(1) Journalists (within the meaning of the law On the Press
and Other Mass Media) may make a sound recording during a court
hearing, informing the court thereof and without interfering with
the procedure of the court.
(2) An image as well as a sound and image recording may be
made if the court permits such recording. Prior to deciding on
such issue, the court shall hear the opinion of the accused, his
or her defence counsel, a prosecutor, a victim or his or her
representative, and a witness.
[11 June 2020]
Section 485. Rights of Other Person
to Record the Course of a Court Hearing
Other persons who are not employees of a court may make a
sound and image recording during a court hearing without
interfering with the procedure of the court, if the court permits
such recording and the accused, his or her defence counsel, a
prosecutor, victim, and witnesses agree to such recording.
Division Nine
Examination of a Case in a Court of First Instance
Chapter 45 Preparation of a
Criminal Case for Trial
Section 486. Actions of a Court
after Receipt of a Criminal Case
(1) After receipt of a criminal case in court, it shall be
verified not later than within three working days whether:
1) the case is under the jurisdiction of such court;
2) a prosecution has been attached to the criminal case;
3) a copy of the prosecution has been issued to the
accused;
4) the opportunity has been ensured for the accused to
familiarise himself or herself with case materials.
(2) If it is determined that a criminal case is under the
jurisdiction of another court, a judge shall send the criminal
case together with a cover letter to the court that has
jurisdiction.
(3) If it has been established that the provisions of
Paragraph one, Clauses 2, 3, and 4 of this Section have not been
complied with, a judge may send the criminal case together with a
cover letter to a chief prosecutor for the elimination of
deficiencies.
[12 March 2009; 19 November 2020; 7 October 2021]
Section 487. Preparation of a Case
for Trial in Accordance with Urgent Procedures
(1) Upon receipt of a criminal case that has been transferred
to a court for examination in accordance with urgent procedures,
the judge shall examine, in addition to that indicated in Section
486 of this Law, whether the time and place for the trial
indicated in the decision of a prosecutor on transfer of the
criminal case to the court has been co-ordinated with the
court.
(2) The operations provided for in Sections 488 and 489 of
this Law shall be performed only in cases where the modification
of the time and place of the trial of a criminal case is
necessary.
[20 June 2018]
Section 488. Time of the Trial of a
Criminal Case
(1) After receipt of a criminal case in his or her court
proceedings, a judge shall decide on the time and place of the
trial of a criminal case, except for the case specified in
Section 489 of this Law. The decision shall be written in the
manner of a resolution.
(2) The trial of a criminal case shall be commenced as soon as
possible.
(3) If a security measure related to a deprivation of liberty
has been applied to an accused, the trial of a criminal case
shall be commenced not later than within four weeks after receipt
thereof.
(4) If a security measure related to a deprivation of liberty
has been applied to an accused who is a minor, the trial of a
criminal case shall be commenced not later than within four weeks
after receipt thereof.
(5) If conformity with the terms referred to in Paragraphs
three and four of this Section is not possible due to objective
conditions, a judge may determine with a reasoned decision
thereof a later time for the commencement of the trial of a
criminal case.
(6) [20 June 2018]
[12 March 2009; 20 June 2018; 19 November 2020]
Section 489. Notifying Summoned
Persons, a Prosecutor, and a Defence Counsel Regarding a Court
Hearing
(1) After receipt of a criminal case in his or her court
proceedings, a judge shall send a summons to the defence to
submit a notification on the interrogated persons to court within
10 working days. If the defence indicates in the notification
that a person who has been previously interrogated in criminal
proceedings and whose testimonies have been included in the
listing of evidence to be used in court need not be summonsed,
the defence agrees that the participants to the case will be able
to use information recorded in the testimony during court debates
and the court will be able to use it in a ruling to substantiate
its conclusions. The judge shall concurrently notify of the right
to submit the list of those persons who have not been previously
interrogated and who, based on the views of the defence, should
be summonsed to a court hearing with a reference to the condition
for the ascertaining of which they must be summoned.
(2) The court shall summon all persons whose testimonies have
been included in the listing of evidence to be used in court if
no notification has been received from the defence.
(3) Upon receipt of notification from the defence, the judge
shall, not later than within three working days, decide on the
time and place of the trial of a criminal case. If no
notification has been received from the defence, the judge shall
decide on the time and place of the trial of a criminal case. The
decision shall be written in the manner of a resolution.
(4) After determination of the time of a court hearing, a
judge shall immediately give an order for the Court Registry to
summon the persons to be summonsed to a court hearing and to
notify a prosecutor and defence counsel of the time of the court
hearing.
(5) If the trial of a criminal case is intended for a longer
term, a judge may give an order to summon a witness or expert to
another time, instead of to the beginning of the court
hearing.
[19 November 2020]
Section 490. Modification of the
Term of the Trial of a Criminal Case
If it becomes known up to the trial of a criminal case that an
accused or victim will not be able to arrive at a court hearing
due to a justified reason, or if there are other circumstances
why the trial of the case may not take place at a specific time,
a judge shall determine another term for the trial of the
criminal case.
Section 491. Matters to be Decided
in Preparing a Criminal Case for Trial in a Court Hearing
In preparing a criminal case for trial in a court hearing, a
judge shall decide the following matters:
1) regarding the retaining of a defence counsel;
2) regarding the summoning of an interpreter;
3) [21 October 2010];
4) regarding the examination of the matter in an open or
closed court hearing;
5) whether the matter shall be examined with or without the
verification of evidence in a court hearing;
6) regarding the ensuring of compensation or the possible
confiscation of property, if there is a relevant application;
61) regarding adding of materials of an archives
file or source documents to a case according to the submitted
request;
7) other matters regarding which a request of an accused,
defence counsel, prosecutor, victim or his or her representative,
or owner of property infringed during criminal proceedings whose
property has been seized has been submitted;
8) regarding the requesting of an assessment report from the
State Probation Service;
9) regarding the use of technical means in a court
hearing.
[12 March 2009; 21 October 2010; 22 June 2017]
Section 492. Execution of a Decision
Taken in Relation to Compensation or the Possible Confiscation of
Property
A decision taken in relation to the ensuring of compensation
or the possible confiscation of property shall be issued to the
submitter and fulfilled in accordance with the procedures laid
down in the law.
Chapter 46 Trials
Section 493. Opening of a Court
Hearing
The chairman of a court hearing shall open the court hearing
by notifying which case will be in trial, and by announcing the
composition of the court.
Section 494. Verification of the
Attendance of Summonsed Persons
(1) The chairperson of a court hearing shall notify which of
the persons summonsed to case have arrived, whether the persons
who have not arrived have been notified of the court hearing, and
regarding the information that has been received regarding the
reasons for the non-arrival thereof.
(2) If an accused has refused the participation of a defence
counsel in proceedings, he or she shall sign regarding such
refusal in the minutes of the court hearing.
Section 495. Exclusion of Witnesses
from a Courtroom
A witness shall not be present in a courtroom until the
commencement of an interrogation thereof.
Section 496. Deciding of Submitted
Requests
(1) A prosecutor, victim, accused or his or her
representative, and owner of property infringed during criminal
proceedings whose property has been seized may submit requests to
a court.
(2) A court shall decide a submitted request after hearing the
views of the persons referred to in Paragraph one of this
Section.
(3) During the course of a court hearing, a person may
repeatedly submit rejected requests, if new circumstances, which
were not known before, have been indicated.
(4) Persons who participate in the trial of the case have the
right to express objections against action of the chairperson of
the court hearing.
[24 May 2012; 22 June 2017; 7 October 2021]
Section 497. Maintenance of
Prosecution
A court investigation shall begin with the maintenance of
prosecution by a prosecutor briefly outlining the essence of the
prosecution.
Section 498. Attitude of an Accused
toward Prosecution
(1) After hearing the prosecution, the chairperson of a court
hearing shall ascertain whether the accused understands for the
commission of which criminal offence he or she is accused, and
whether he or she admits his or her guilt.
(2) The attitude of an accused toward the prosecution shall be
recorded in the minutes of a court hearing, and the accused shall
sign such minutes.
Section 499. Non-Conducting of a
Verification of Evidence
(1) A court may take a decision on non-conducting of a
verification of evidence in relation to an entire prosecution or
the independent part thereof only provided that:
1) the accused admits his or her guilt in the entire
prosecution directed against him or her or in the relevant part
thereof;
2) the court does not have any doubts regarding the guilt of
the accused after an examination of case materials;
3) the accused, or, in cases of mandatory defence, also his or
her defence counsel and representative, agrees to the
non-conducting of such examination.
(2) Before deciding a matter regarding the non-conducting of a
verification of evidence, a court shall ascertain the views of
the prosecutor, the person who conducts defence, a victim and his
or her representative, and an owner of property infringed during
criminal proceedings whose property has been seized regarding
such non-conducting of the verification, and shall explain to
such persons the procedural essence and consequences of the
non-conducting of the verification of evidence. If an accused
does not agree only with the amount of compensation for harm and
if such amount does not affect the legal classification of the
criminal offence, a court may perform verification of evidence
only in the matter regarding the amount of compensation.
(21) If an owner of property infringed during
criminal proceedings whose property has been seized does not
agree with the assumption regarding the criminal origin of
property and it does not affect the legal classification of a
criminal offence, a court may perform verification of evidence
only in the matter regarding the action with the property.
(3) After a decision has been taken on non-conducting of a
verification of evidence, a court shall examine the personal
characterising data of the accused and take up court debates.
(4) After court debates, a court shall hear the last word of
the accused, and render and announce a judgment. Such judgment
may be appealed in accordance with appellate procedures only in
the part regarding the sentence, compensation imposed by the
court, action with the property, or in connection with the
allowed violations of the proceedings.
[12 March 2009; 20 December 2012; 22 June 2017]
Section 500. Procedures for the
Verification of Evidence
(1) A court shall commence verification of evidence by
summoning an accused, his or her defence counsel, a victim and
his or her representative to ask questions to the persons who
have been interrogated during pre-trial proceedings and who were
summonsed by the court. The person who is giving testimony in
court may afterwards be questioned by the prosecutor. The court
shall reject questions that do not apply to the case. An owner of
property infringed during criminal proceedings whose property has
been seized has the right to ask the persons who are giving
testimony in court questions in relation to property with the
permission of the court. Upon a request of the prosecutor, the
prosecutor shall be the first to question the summonsed persons.
Other evidence submitted by the prosecutor shall be verified
afterwards.
(2) After verification of the evidence indicated by the
prosecutor, a court shall hear the witnesses indicated by the
owners of property infringed during criminal proceedings whose
property has been seized, accused or his or her defence counsel
who have not been interrogated during pre-trial proceedings, and
verify other evidence submitted by him or her.
(3) An accused and his or her defence counsel, other accused
and the defence counsel thereof shall be the first to ask
questions to the persons summoned by the accused or his or her
defence counsel and owner of property infringed during criminal
proceedings whose property has been seized.
(4) A court may ask questions at any moment during the trial
of a case.
(5) A court may determine another procedure for the
verification of evidence upon request of the prosecutor, victim,
or accused or his or her defence counsel.
(6) If the information obtained in operational activity
measures is used in a criminal case as evidence, only the court
upon a reasoned request of the prosecutor, victim, accused or his
or her defence counsel may become acquainted with such materials
of operational activities which are not appended to the criminal
case and are related to the object of evidence, indicating in the
case materials and ruling that such materials have been
evaluated.
(7) If a criminal case is received for examination de
novo from an appellate or cassation court or trial of a
criminal case is commenced de novo, the witnesses,
victims, experts and specialists previously interrogated in court
shall be summoned upon request of the prosecutor, victim, accused
or his or her defence counsel.
[19 November 2020]
Section 501. Reading or Playing of
Testimony
Testimony previously given by any person in specific criminal
proceedings may be read or played in court, if:
1) there are important contradictions between such testimony
and the testimony given in court;
2) the testifier has forgotten some circumstances of the
case;
3) the testifier is not present at the court hearing due to a
reason that excludes the possibility to arrive in court;
4) the testifier evades appearance in court or refuses to
testify;
5) the court agrees to the instruction of a psychologist that
the person who has not attained 14 years of age or a minor victim
may not be interrogated in a court hearing or with the
intermediation of a psychologist;
6) a testimony is provided by a person who has the right to
not testify.
[12 March 2009; 18 February 2016]
Section 502. Procedures for the
Asking of Questions
[19 November 2020]
Section 503. Testimony of an
Accused
(1) After verifying the evidence referred to in Section 500 of
this Law, the chairpersons of a court hearing shall ask an
accused whether he or she wishes to give testimony.
(2) If an accused has expressed consent to provide testimony,
the first to ask him or her questions shall be his or her defence
counsel and the defence counsel of other accused.
(3) An accused may submit his or her testimony to a court in
writing. Written testimony shall be read, except in the case
specified in Section 449, Paragraph three of this Law.
(4) If an accused uses his or her right to not to provide
testimony but he or she has testified as a person who has the
right to defence, the testimonies present in a criminal case may
be examined by reading them.
[12 March 2009]
Section 504. Completion of a Court
Investigation
(1) After completion of a verification of evidence, if
additional requests have not been expressed, a court shall
announce the court investigation as finished and transport to
court debates.
(2) If the time is necessary for participants to proceedings
to prepare for court debates, a court shall take a decision on
duration of this time period and shall enter it in the minutes of
the court hearing
(3) After completion of a court investigation, a court may
take the decision on the conveyance of the accused by force, the
storer of the seized property or material evidence, and also
request an opinion from the State Centre for Forensic Medical
Examination on whether the accused may participate in a court
hearing based on his or her state of health. If it is necessary,
the State Centre for Forensic Medical Examination may invite a
specialist.
[12 March 2009; 11 June 2020]
Section 505. Court Debates
(1) A prosecutor shall be the first to speak in court debates,
then a victim, his or her representative, an owner of property
infringed during criminal proceedings whose property has been
seized, and an accused or his or her defence counsel.
(2) If several victims or the representatives thereof, owners
of property infringed during criminal proceedings whose property
has been seized, or several accused or the defence counsels
thereof, participate in court debates, the order of speeches
shall be determined by the court after hearing of the views of
persons involved in proceedings.
(3) After hearing of the views of persons involved in
proceedings the court may determine the length of court
debates.
(4) A participant in a court debate may submit his or her
speech to the court in writing, and such speech shall be attached
to a case.
[12 March 2009; 22 June 2017; 11 June 2020]
Section 506. Content of Court
Debates
(1) A prosecutor shall substantiate his or her views regarding
the guilt or innocence of an accused in a prosecution speech
during court debates, and shall express his or her views
regarding the type and amount of the sentence to be imposed on
the accused. The prosecutor shall also express his or her views
regarding other issues to be decided in a court debate.
(2) During court debates, a victim may express himself or
herself regarding consideration for harm and the sentence to be
imposed on the accused.
(21) An owner of property infringed during criminal
proceedings whose property has been seized may express himself or
herself regarding the origin of property.
(3) An accused or his or her defence counsel shall give a
defence speech during court debates.
(4) Members of court debates may reason their conclusions only
with evidence examined in a court investigation and written
evidence and documents, which have been indicated in the decision
to transfer a criminal case to a court and which in accordance
with Section 449, Paragraph three of this Law were not examined
in a court hearing. Members of court debates may also reason
their conclusions with information recorded in testimonies that
have been previously given in the specific criminal proceedings,
provided that the defence has agreed to the use of these
testimonies. Their conclusions may also be reasoned with the
testimonies that have been previously given in the specific
criminal proceedings by a person who gave testimony in a court
hearing. If an examination of new evidence is necessary, a member
of court debates may request for the court to recommence the
court investigation.
(5) In a case during the trial of which a verification of
evidence has not been performed, members of court debates shall
express themselves only regarding the sentence to be imposed, and
the type and amount thereof, as well as the amount of
compensation if it does not affect the legal classification of a
criminal offence, and the origin of property.
(6) The chairperson of the court hearing may interrupt the
speech of a member of court debates if he or she is talking about
circumstances which have nothing to do with the case, repeats the
same arguments for the justification of the same facts, delays
trying of the case, or does not show respect to the court or
participants in the case.
[12 March 2009; 14 January 2010; 21 October 2010; 24 May
2012; 22 June 2017; 11 June 2020; 19 November 2020]
Section 507. Rights to Reply
(1) After court debates, each of the members thereof has the
right to one reply regarding the content of the speeches. After
hearing of the views of persons involved in proceedings the court
may determine the length of the reply. The chairperson of the
court hearing may interrupt the reply if the participant in the
case does not talk about the speech of debates in his or her
reply, repeats the same arguments regarding the same facts,
delays trying of the case, or does not show respect to the court
or participants in the case.
(2) A defence counsel has the right to the last reply. If the
defence counsel does not participate in a court hearing, the
accused has the right to the last reply.
[11 June 2020]
Section 508. Last Word of an
Accused
(1) After completion of court debates, the chairperson of the
court hearing shall invite the accused to say the last word.
(2) An accused shall be permitted to refuse the last word.
(3) After hearing of the views of persons involved in
proceedings the court may determine the length of the last word
of the accused. The chairperson of the court hearing may
interrupt the last word of the accused if he or she is talking
about circumstances which have nothing to do with the case,
repeats the same arguments regarding the same facts, delays
trying of the case, or does not show respect to the court or
participants in the case.
(4) During the last word, the asking of questions of an
accused shall not be permitted.
[11 June 2020]
Section 509. Recommencement of a
Court Investigation
(1) If, during court debates, the members thereof provide
information in the speeches thereof, or an accused provides
information during the last word, regarding new circumstances
that have significance in a case, or if such persons refer to
evidence that was not examined during the court hearing but that
apply to the case, a court, upon a request of a member of the
discussions or on the basis of the initiative of such court,
shall take the decision to recommence court investigation, and
shall conduct the court investigation.
(2) After completion of a recommenced court investigation, a
court shall re-open court debates and give the accused the last
word.
Section 510. Retirement of the Court
to the Deliberation Room for the Rendering of a Judgment
(1) After the last word of an accused, a court shall retire to
the deliberation room to render a judgment, and the chairperson
of the court hearing shall notify the persons present in the
court hearing of such judgment, determining the time of the
announcement of the judgment within the next 14 days and place of
the announcement thereof.
(2) [24 May 2012]
[12 March 2009; 24 May 2012]
Chapter 47 Judgment
Section 511. General Provisions for
the Rendering of a Judgment
(1) A court ruling by which a case is tried on the merits
shall be rendered in the form of a court judgment and announced
in the name of the State.
(2) A judgment shall be lawful and justified.
Section 512. Legality and
Justification of a Judgment
(1) In rendering a judgment, a court shall base such rendering
on the norms of substantive and procedural rights.
(2) A court shall justify a judgement:
1) with the evidence that has been examined in a court
hearing;
2) with the evidence that need not be examined in accordance
with the provisions of Section 125 of this Law;
3) with the written evidence and documents which have been
indicated in the decision to transfer a criminal case to a
court;
4) with the information recorded in testimonies that have been
previously given in the specific criminal proceedings, provided
that the defence has agreed to the use of these testimonies;
5) with the information that has been previously provided in
the specific criminal proceedings by a person who gave testimony
in a court hearing.
[24 May 2012; 19 November 2020]
Section 513. Confidentiality of
Court Deliberations
(1) Court deliberations shall take place in a deliberation
room. During deliberations, only the composition of the court
that is trying a case shall be present in such room.
(2) A court may interrupt deliberations in order to rest, as
well as on free days and holidays.
(3) During a break, judges are prohibited from gathering
information on the case being considered, or disclosing views
expressed during deliberations, as well as the content of the
made rulings.
Section 514. Matters to be Decided
during Court Deliberations
(1) During deliberations, a court shall decide the following
matters in a deliberation room:
1) whether the criminal offence incriminating the accused took
place;
2) whether such offence constitutes a criminal offence, and
the Section, Paragraph and Clause of the Criminal Law that
provides for such offence;
3) whether the accused is guilty of such criminal offence;
4) whether the accused is punishable regarding such criminal
offence;
5) whether circumstances exist that aggravate or mitigate the
liability of the accused;
6) the type and amount of basic sentence that shall be imposed
on an accused, and whether he or she shall serve such
sentence;
7) whether an additional sentence is to be imposed on the
accused, and what sentence is to be imposed;
8) whether the compulsory measures of a medical nature
provided for in Section 68 of the Criminal Law shall be
determined for the person who has been recognised as having
diminished mental capacity;
9) whether a security measure shall be maintained, modified or
applied for the accused;
10) whether an application regarding consideration for harm is
to be satisfied, and for the benefit of whom, and in what amount,
such consideration is to be recovered;
11) regarding confiscation of object for committing a criminal
offence and property related to a criminal offence;
111) actions with material evidence, documents,
property related to criminal offence, other objects and valuables
removed during the proceedings, and property that has been
seized;
12) regarding confiscation or recovery of criminally acquired
property;
13) from whom procedural expenditures are to be recovered.
(2) If an accused has been transferred to a court regarding
several criminal offence, a court shall decide the matters
referred to in Paragraph one of this Section separately for each
criminal offence.
(3) If several accused have been transferred to a court
regarding a criminal offence, a court shall decide the matters
referred to in Paragraph one of this Section separately for each
accused.
[12 March 2009; 21 October 2010; 22 June 2017]
Section 515. Procedures for Court
Deliberations
(1) The chairperson of a court hearing shall lead court
deliberations.
(2) The chairperson of a court hearing shall ask each question
in such a way that only an affirmative or negative answer may be
given.
(3) The judges shall vote in deciding each separate question.
The chairperson of a court hearing shall express his or her views
and vote last.
Section 516. Dissenting Conclusions
of a Judge
(1) The chairperson of a court hearing, or a judge, who has a
dissenting conclusion shall express such conclusion in
writing.
(2) A dissenting conclusion shall be attached to a case, and
only a court of higher instance may become acquainted with such
conclusion in the case of an appeal of such court ruling. In
announcing a judgment, a dissenting conclusion shall not be
announced.
[16 June 2009; 7 October 2021]
Section 517. Recommencement of a
Court Investigation after Court Deliberations
(1) If, during deliberations, a court considers necessary the
ascertaining of circumstances that have significance in a case,
the court shall take a decision, without rendering judgment,
regarding a recommencement of a court investigation.
(2) After completion of a court investigation, a court shall
reopen court debates, hear the last word of an accused, and
retire to deliberate for the rendering of a judgment.
Section 518. Types of Judgments
A court judgment may be acquitting or convicting.
Section 519. Grounds for the
Rendering of a Judgment of Acquittal
A court shall render a judgment of acquittal, if:
1) a criminal offence has not occurred or the criminal offence
committed by an accused does not have the content of the criminal
offence;
2) the participation of the accused in the criminal offence
has not been proven.
[30 March 2017]
Section 520. Grounds for the
Rendering of a Judgment of Conviction
(1) A court shall render a judgment of conviction, if the
guilt of the accused in the criminal offence has been proven
during the course of the trial.
(2) A judgment of conviction may not be rendered, if the guilt
of the accused has been proven only with the testimony of persons
whose identity has not been disclosed in the interests of special
procedural protection, and if no other evidence in the case
exists.
Section 521. Rendering of a Judgment
of Conviction, Without Imposing a Punishment
A court may render a judgment of conviction without imposing a
punishment, if the circumstances referred to in Section 379,
Paragraph one, Clauses 1 and 3 of this Law have been
established.
Section 522. Application of
Compulsory Measures of a Correctional Nature to Minors
(1) If a court recognises that an accused who is a minor has
committed a criminal offence, the court, taking into account the
special circumstances of the committing of such offence, and the
information acquired regarding the guilty person, that mitigate
the liability of such minor, may release him or her from the
imposed sentence and apply the compulsory measure of a
correctional nature provided for by law.
(2) In applying compulsory measures of a correctional nature,
a court shall take into account the nature and danger of the
criminal offence, the personal characterising data of the accused
person, and the circumstances that aggravate and mitigate his or
her liability.
Section 523. Writing of a
Judgment
(1) After deciding of the matters referred to in Section 514
of this Law, a court shall write a judgment composed of an
introductory part, a descriptive part, a reasoned part, and an
operative part. The judgment shall be written in the official
language.
(11) The court may write an abridged judgment. If
the criminal case has been tried without participation of the
accused because the accused has repeatedly failed arrive to a
court hearing without a justified reason, or in the absence of
the accused (in absentia), the court may write an abridged
judgment, preparing the full court ruling within 14 days and
notifying the date of availability thereof.
(2) A judgment shall be signed by all the judges who
participated in trial. A judge who has a dissenting conclusion
shall also sign the judgment.
(3) Corrections to the text of a judgment shall be justified
before the signing of such judgment.
[30 March 2017; 20 June 2018]
Section 524. Introductory Part of
Judgments
(1) The following shall be indicated in the introductory part
of a judgment:
1) that the judgment has been rendered in the name of the
State;
2) the date of the announcement of the judgment;
3) the name of the court that rendered the judgment;
4) the composition of the court;
5) the prosecutor and defence counsel;
6) the identifying data of the accused;
7) The section, paragraph, and clause of the Criminal Law on
the basis of which the person was prosecuted.
[7 October 2021]
Section 525. Descriptive Part and
Reasoned Part of a Judgment of Acquittal
(1) The descriptive part of a judgment of acquittal shall
indicate the essence of the prosecution.
(2) The reasoned part of a judgment of acquittal shall
indicate:
1) the circumstances of the event ascertained by the
court;
2) the grounds for the acquittal of the accused and the
evidence that confirms such acquittal;
3) the reasons why the court rejects the evidence with which
the prosecution has been justified;
Section 526. Operative Part of a
Judgment of Acquittal
(1) The operative part of a judgment of acquittal shall
indicate a court decision:
1) regarding the fact that an accused (referring to his or her
given name and surname) has been found innocent in the
prosecution pursued against him or her (referring to the section,
paragraph, and clause of the Criminal Law in which the relevant
criminal offence has been provided for) and acquitted;
2) regarding the revocation of a security measure;
3) regarding the revocation of means for ensuring the
confiscation of property and the consideration of harm, if such
confiscation and consideration have been applied;
4) regarding the work remuneration of an advocate;
5) regarding the sending of a case, or a part thereof, to the
Office of the Prosecutor, if a criminal offence has taken place
but the participation of an accused has not been proven in the
criminal case.
(2) If a court renders a judgment of acquittal, such court
shall leave without examination an application regarding the
consideration of harm caused as a result of an offence. The
leaving of an application without examination shall not be an
impediment to the raising of a claim for compensation for harm in
accordance with the procedures laid down in the Civil Procedure
Law.
(3) If a court renders a judgment of acquittal and takes a
decision to send a part of the case to the Office of the
Prosecutor, it shall concurrently indicate the decision of the
court to divide the criminal proceedings in the operative part of
the judgment.
[12 March 2009; 21 October 2010; 29 May 2014]
Section 527. Descriptive Part and
Reasoned Part of a Judgment of Conviction
(1) The descriptive part of a judgment of conviction shall
provide a description and legal qualification of a criminal
offence, referring to the time and place of the committing
thereof, the manner of committing, the form of guilt and motives
of the accused, and the consequences of such offence.
(2) The reasoned part of a judgment of conviction shall
indicate:
1) the evidence on which the conclusions of the court have
been justified;
2) the reasons why the court rejected other evidence;
3) the aggravating and mitigating circumstances of the
liability of the accused;
4) the reasons why part of the prosecution has been recognised
as unproven, if the court has so recognised;
5) the reasons for the modification of prosecution, if the
prosecution was modified in court;
6) the reasons regarding the imposition of a specific
sentence;
7) the deciding of the matters related to the execution of the
judgment, if necessary;
(3) If, on the basis of a taken decision, a verification of
evidence has not been performed in a court hearing, a court shall
indicate in a judgment that the guilt of the accused has been
proven. In such cases, an analysis of evidence and an inventory
thereof shall not be necessary.
Section 528. Operative Part of a
Judgment of Conviction
(1) The operative part of a judgment of conviction shall
indicate a court decision on:
1) the fact that an accused (referring to his or her given
name and surname) has been found guilty of a criminal offence
(referring to the section, paragraph and clause of the Criminal
Law in which the relevant criminal offence has been provided
for);
2) the type and amount of a sentence imposed on an accused for
each criminal offence, and the final sentence that must be
served;
3) the releasing of an accused from a criminal sentence, if he
or she may be released from such sentence;
4) the application of a compulsory measure of a correctional
nature, if a minor has been released from a criminal
sentence;
5) the inclusion of the term of security measures related to
the deprivation of liberty imposed on the accused in the term of
the sentence;
6) the probationary supervision period in case of a suspended
sentence;
7) the security measure;
8) the acquittal of the accused in a part of the prosecution,
if the court has recognised such acquittal;
9) compensation for harm, including the amount of compensation
disbursed by the State, determining a term for voluntary
execution of the judgment - 30 days from the date of the entering
into effect of the judgment -, and an obligation to submit
documents to a court regarding compensation for harm;
10) ensuring of compensation for harm or a confiscation of
property, if such compensation or confiscation has not be
previously performed;
11) confiscation or recovery of criminally acquired
property;
12) recovery of the work remuneration of an advocate from an
accused or regarding the releasing of him or her from such
recovery;
13) [12 March 2009];
14) the releasing of an accused from arrest, house arrest, or
a social correctional educational institution in a courtroom, if
a non-custodial sentence has been imposed thereon.
(2) In applying a suspended sentence, a court shall decide on
the probationary supervision period and to whom supervision of
the person is to be assigned.
(3) A court may, with the consent of the accused, apply upon a
person who has received a suspended sentence and who has
committed a criminal offence under the influence of alcohol,
narcotic, psychotropic, or toxic substances the duty to get
treatment for addiction to alcohol, narcotic, psychotropic, or
toxic substances, assigning the relevant State Probation Service
office and medical institution the control of the execution of
such duty.
[19 January 2006; 12 March 2009; 21 October 2010; 18
February 2016; 22 June 2017]
Section 529. Additional Matters of
the Operative Part of a Judgment of Conviction or Acquittal
(1) The operative part of a judgment shall additionally
indicate a court decision on:
1) confiscation of object for committing a criminal offence
and property related to a criminal offence, as well as actions
with the material evidence, documents, property related to
criminal offence, and other objects and valuables removed during
the proceedings;
2) consideration for procedural expenditures, determining a
term for voluntary execution of the judgment - 30 days from the
date of the entering into effect of the judgment;
3) the procedures and terms for the appeal of the
judgment;
31) extension of the term for the appeal for 10
days more due to especial complexity and amount of the criminal
proceedings;
4) [30 March 2017];
5) the date when the full court ruling will be available, if
the criminal case has been tried without participation of the
accused, because the accused has repeatedly failed to arrive to a
court hearing without a justified reason, or in the absence of
the accused (in absentia).
(2) In the operative part of a judgment, a court shall
additionally indicate information regarding the sentence
execution institution and arrival deadline.
[12 March 2009; 21 October 2010; 30 March 2017; 22 June
2017; 20 June 2018; 27 September 2018]
Section 530. Abridged Judgments
(1) An abridged judgment shall consist of an introductory
part, a descriptive part and an operative part.
(2) After declaration of the abridged judgment, a court shall
issue an extract of the abridged judgment.
(3) A prosecutor, accused, victim, defence counsel or
representative, as well as owner of property infringed during
criminal proceedings whose property has been seized, may, within
10 days from the day of declaration of the abridged judgment,
submit a written request to the court regarding drawing up a full
judgment. After the end of the time period for submitting the
request, if the request is received regarding drawing up a full
judgment, the court shall draw up the full judgment within 14
days by notifying the date of its availability.
(4) If due to the amount, legal complexity of a case or other
objective circumstances a full court judgment is not drawn up in
a laid down time, a judge shall notify a prosecutor, accused,
victim, defence counsel and representative, as well as owner of
property infringed during criminal proceedings whose property has
been seized when a full court judgment will be available. Drawing
up of a full court judgment may be postponed only once.
(5) An abridged judgment shall not be subject to appeal.
[30 March 2017; 22 June 2017]
Section 531. Pronouncement of a
Judgment
(1) A court shall pronounce a judgment by reading its
introductory and operative part.
(2) [12 March 2009]
[19 January 2006; 12 March 2009; 30 March 2017]
Section 532. Release of an Accused
in a Courtroom
(1) After pronouncement of a judgment, a court shall
immediately release the following from arrest, house arrest, or a
social correctional educational institution:
1) an acquitted person;
2) an accused on whom a criminal sentence has not been
imposed;
3) an accused who has been released from a criminal
sentence;
4) an accused to whom a custodial sentence has been imposed
and for whom the time spent under arrest, house arrest, or in a
social correctional educational institution at the moment of the
pronouncement of the judgment reaches or exceeds the term for
deprivation of liberty specified in the judgment;
5) an accused on whom a custodial sentence has been imposed
conditionally;
6) an accused on whom a non-custodial sentence has been
imposed.
(2) If a court releases from arrest a person who is a
third-country national who does not have the right to reside in
Latvia, the court shall, without delay, notify the competent
authority thereof, which has the right to detain the
third-country national.
[21 October 2010; 20 December 2012]
Section 533. Ancillary Court
Decision
(1) A court may take an ancillary decision, simultaneously
with a final ruling, in which violations of legal norms
determined in a criminal case shall be indicated for the
competent authority or official, as well as the causes and
facilitating circumstances thereof, and the elimination thereof
shall be requested.
(2) A court may take an ancillary decision, on the basis of
materials of the trial of a criminal case, on expression of
recognition to a person who has provided substantial assistance
in the disclosure and elimination of a criminal offence, as well
as regarding other facts, if considered necessary.
(3) The authority or official who has received an ancillary
court decision shall take the necessary measures and notify the
court of its results not later than within one month.
(4) An ancillary court decision shall enter into effect
simultaneously with a judgment.
Section 534. Protection of the
Property and Dependants of an Accused
If, in rendering a judgment of conviction, a court applies a
security measure related to deprivation of liberty to an accused,
and therefore a minor or another person under the guardianship or
custody of the accused is left without supervision and care, or
the property of the accused is left without supervision, the
court shall ensure the protection measures referred to in Section
248 of this Law.
Section 535. Issuance of a Copy of a
Judgment to an Accused
[12 March 2009]
Chapter 48 Special Features of
Court Proceedings in the Case of a Settlement between a Victim
and an Accused
Section 536. Report on Settlement
between a Victim and an Accused
(1) A victim and an accused may notify regarding a settlement
in the case provided for in the Law up to the retiring of the
court to the deliberation room.
(2) If a settlement has been submitted in writing, such
settlement shall be attached to a case. The settlement shall
indicate that such settlement has been entered into voluntarily
and that the victim understands the consequences of the
settlement.
(3) If an accused submits a written settlement without the
presence of a victim, and the victim is a natural person, the
settlement must be notarially certified or certified by an
intermediary trained by the State Probation Service.
(4) If a victim and an accused notify orally of a settlement
during a court hearing, an entry on the settlement shall be made
in the minutes of the court hearing, and the victim and the
accused shall sign regarding such settlement.
(5) Before the signing of a settlement or after receipt of a
written settlement, a court shall verify whether such settlement
has been entered into voluntarily, and whether the victim
understands the consequences of the settlement.
[12 March 2009]
Section 537. Examination of the
Materials of a Case in the Case of a Settlement
(1) If a settlement is submitted, or the minutes of a court
hearing are signed regarding such settlement, after a court
investigation has been commenced, and the court has no doubts
regarding the guilt of the accused, such court may interrupt the
investigation and transport to court debates.
(2) If a victim and an accused notify regarding a settlement
in a case provided for in Section 377, Clause 9 of this Law
during court debates or after discussions, the court shall
interrupt the discussion, find out whether a settlement is of his
or her own free will, explain the consequences thereof and take a
decision.
(3) [12 March 2009]
[12 March 2009]
Section 538. Consequences of a
Settlement
If a victim and an accused notify regarding a settlement up to
the retiring of a court to the deliberation room, the court may
take a decision, without examining court materials, on releasing
of the accused from criminal liability and the termination of
criminal proceedings.
Chapter 49 Special Features of
Court Proceedings in Relation to an Agreement Entered into during
Pre-trial Proceedings
Section 539. Preparation of a
Criminal Case for Trial in a Court Hearing in Agreement
Proceedings
(1) After receipt in court of a criminal case submitted in
accordance with agreement procedures, the judge shall examine, in
addition to that which is specified in Section 486 of this Law,
whether the agreement was entered into in pre-trial proceedings
in accordance with the procedures laid down in this Law, and that
a violation of the norms of the Criminal Law has not been
allowed. A judge shall evaluate the type of a punishment provided
for in the agreement entered into only in case if it is
established that the selected type of punishment is not
commensurate with the nature of the criminal offence committed
and the harm caused. In determining a violation, the judge may
take a decision and send the case to the prosecutor for
elimination of the violation. A prosecutor may, within 10 days,
submit a protest regarding a decision to a higher-level court the
judge of which shall examine such protests in a written procedure
and his or her decision shall not be subject to appeal.
(11) If it is established during an examination
that the agreement was not entered into in pre-trial proceedings
in accordance with the procedures laid down in this Law or a
violation of the norms of the Criminal Law has been allowed, the
judge may take a decision to try the case in accordance with
general procedures. The decision shall not be subject to
appeal.
(2) Examination of a criminal case in agreement proceedings
shall commence within 21 days from the day when such case was
received in the court proceedings of a judge.
[12 March 2009; 24 May 2012; 11 June 2020]
Section 540. Composition of a
Court
A judge shall try a criminal case in agreement proceedings
sitting alone.
[12 March 2009]
Section 540.1 Trial of a
Criminal Case in Writing in Agreement Proceedings
(1) A judge may take a decision to try a case in a written
procedure.
(2) The following shall be indicated in a decision on
accepting a case for trial in a written procedure:
1) the right for a prosecutor, an accused, a defence counsel
and a victim to submit recusation of the court composition within
10 days and to submit objections against trial of the case in a
written procedure;
2) the day of availability of the ruling.
(3) A case shall be examined in a written procedure according
to the materials in the case.
(4) If a prosecutor, an accused, a defence counsel or a victim
has submitted objections against the trial of the case in written
procedure or an accused refuses an agreement, a court shall take
the decision to try the case in oral procedure. A court may take
a decision to try a case in an oral procedure upon its own
initiative.
(5) A court, upon having examined a case in the written
procedure, shall make one of the following rulings:
1) a decision to terminate the case if such circumstances are
established, which do not allow criminal proceedings;
2) [11 June 2020];
3) a judgment of conviction;
4) [27 September 2018].
(6) A court shall render a judgment of conviction, complying
with the conditions for rendering a judgment, which have been
specified for the trial of a case in oral form in agreement
proceedings.
(7) The ruling of a court made in accordance with the
procedures of Paragraph five of this Section may be appealed only
according to cassation procedures.
[24 May 2012; 27 September 2018; 11 June 2020]
Section 541. Court Investigation
(1) A court shall commence an investigation by becoming
acquainted with an agreement, which shall be read by a
prosecutor.
(2) After hearing an agreement, a court shall ascertain
whether the accused understands the criminal offence for the
committing of which he or she is being prosecuted, whether he or
she considers himself or herself guilty, whether he or she signed
the agreement consciously and voluntarily, and whether he or she
understands the consequences thereof and agrees that the entered
into agreement will be complied with.
(21) If an accused refuses an agreement, a court
continues the trial of the case in accordance with general
procedures.
(22) In establishing during an examination that the
agreement was not entered into in pre-trial proceedings in
accordance with the procedures laid down in this Law or a
violation of the norms of the Criminal Law has been allowed, a
court shall continue the trial of the case in accordance with
general procedures.
(3) A court shall offer an accused and his or her
representative the opportunity to provide explanations regarding
the circumstances of the entering into of an agreement.
(4) A court shall ascertain the attitude of a defence counsel
and prosecutor toward an agreement.
(5) A court shall also hear other persons summoned in a
case.
(6) At the end of a court investigation, the court shall
invite the members of the court hearing to express requests, and
shall decide on the satisfying or rejection of such requests.
(7) After deciding of a submitted request, a court shall
retire to the deliberation room to render a judgment, notifying
the persons present at the court hearing of such judgment.
[27 September 2018; 11 June 2020]
Section 542. Rulings of a Court in
Agreement Proceedings
(1) A court shall make one of the following rulings in the
deliberation room:
1) a decision to terminate a case, if circumstances have been
determined that do not allow for criminal proceedings;
2) [11 June 2020];
3) a judgment of conviction;
4) [27 September 2018].
(2) A court ruling shall be appealed only in accordance with
cassation procedures.
[12 March 2009; 24 May 2012; 27 September 2018; 11 June
2020]
Section 543. Court Judgment in
Agreement Proceedings
(1) If a court does not have any doubts regarding the guilt of
an accused, such court shall render a judgment of conviction. The
court may write an abridged judgment.
(2) A court shall outline the essence of an entered into
agreement, which a prosecutor, accused, and his or her defence
counsel have confirmed in a court hearing, in the reasoned part
of a judgment, and shall evaluate the validity of the entered
into agreement.
(3) The operative part of a judgment shall indicate a court
decision on:
1) the fact that an accused (referring to his or her given
name and surname) has been found guilty of a criminal offence
(referring to the section, paragraph, and clause of the Criminal
Law in which the relevant criminal offence has been provided
for);
2) the fact that the court approves the entered into agreement
and imposed the type and amount of punishment provided for in
such agreement;
3) the releasing of an accused from arrest, house arrest, or a
social correctional educational institution in a courtroom, if a
non-custodial sentence has been imposed thereon.
4) the inclusion of the term of a security measure related to
deprivation of liberty applied on an accused in the term of a
sentence;
5) the probationary supervision period in the case of a
suspended sentence;
6) the security measure;
7) compensation for harm, including the amount of compensation
disbursed by the State;
8) ensuring of compensation for harm or a confiscation of
property, if such ensuring has not been previously performed;
9) actions with material evidence and documents;
10) consideration for procedural expenditures;
11) recovery of the work remuneration of an advocate from an
accused or regarding the releasing of him or her from
payment;
12) [12 March 2009];
13) the opportunity to appeal the judgment in accordance with
cassation procedures, and the term thereof.
(31) In the operative part of a judgment, a court
shall additionally indicate information regarding the sentence
execution institution and arrival deadline.
(4) When rendering a judgment, a court may impose the sentence
provided for in the minutes of agreement, if a mistake has been
made in determining the final sentence, or if it is connected
with time on flow from the day of entering into agreement until
the day of the trial. The correction may not deteriorate the
state of the accused.
[12 March 2009; 30 March 2017; 27 September 2018]
Chapter 50 Special Features of
Court Proceedings in Entering Into an Agreement in Trial
Proceedings
Section 544. Right to Enter Into an
Agreement in Trial Proceedings
(1) A prosecutor and an accused have the right to mutually
agree, up to the completion of a court investigation, regarding
the completion of criminal proceedings by entering into an
agreement on the admission of guilt and sentence.
(2) The entering into of an agreement in trial proceedings
shall be allowed, if:
1) [12 March 2009];
2) the accused agrees to the size and legal qualification of
the incriminating criminal offence;
3) the accused admits his or her guilt completely in the
committing of the criminal offence for which he or she has been
incriminated.
[12 March 2009; 30 March 2017]
Section 545. Actions of a Court
after Receipt of an Application
In receiving the oral or written application of a prosecutor
or accused, or his or her defence counsel or representative,
regarding the desire to enter into an agreement, a court shall do
the following:
1) examine the admissibility of the agreement in the specific
proceedings;
2) explain to the accused the consequences of the
agreement;
3) ascertain whether the prosecutor or accused, or his or her
representative, accordingly, agrees to the entering into of the
agreement;
4) ascertain the views of the victim or his or her
representative regarding the application of the agreement;
5) determine a break in the court hearing for the
co-ordination of the agreement and the submission thereof to the
court.
Section 546. Trial of a Criminal
case in Agreement Proceedings
(1) If an agreement has been entered into, a court shall
continue, after hearing break, the trial of the case with the
same composition and in accordance with the procedures laid down
in Chapter 49 of this Law.
(2) If a prosecutor and accused notify, after break in the
court hearing, that an agreement has not been entered into, the
court shall continue the trial of the case in accordance with
general procedures.
(3) If an agreement entered into during the interruption of
the court hearing fails to comply with the rules of the Criminal
Law, a court shall not approve it and the case shall be examined
in accordance with general procedures.
[12 March 2009]
Chapter 51 Special Features of
Court Proceedings in Proceedings regarding the Application of
Coercive Measures on Legal Persons
Section 547. Deciding a Criminal
Case in a Court
[14 March 2013]
Section 547.1 Court
Proceedings in the Proceedings Regarding Application of a
Coercive Measure to a Legal Person
(1) If the proceedings regarding the application of a coercive
measure are isolated in separate records or initiated on the
basis of Section 439, Paragraph 3.1 of this Law, the
court proceedings shall be carried out in conformity with the
procedures for examination of a case in the court of first
instance, unless it has been laid down otherwise in Chapter 51 of
this Law.
(2) If a legal person does not have a representative or it is
not possible to ensure the appearance of the representative in
the court, the trial may take place without the representative of
the legal person. The court may try a criminal case if the
defence counsel participates in the court hearing.
[14 March 2013; 18 February 2016]
Section 548. Court Ruling
(1) In examining the materials of the proceedings regarding
the application of a coercive measure to a legal person the court
must decide:
1) whether a criminal offence has taken place;
2) whether the circumstances referred to in Section 440 of
this Law have been ascertained;
3) whether the criminal offence was committed in the interests
or for the benefit of, or due to insufficient monitoring or
control by the legal person;
4) which coercive measure shall be applied.
(2) Having recognised that the facts referred to in Paragraph
one of this Section have not been proved, a court shall terminate
the criminal proceedings in the part regarding the application of
a coercive measure to a legal person.
(3) If the proceedings regarding the application of a coercive
measure to a legal person are isolated in separate records and
the court recognises that the facts referred to in Paragraph one
of this Section have not been proved, the court shall terminate
the proceedings.
[14 March 2013]
Section 548.1 Examination
in the Court of a Criminal Case, in which an Agreement Regarding
the Application of a Coercive Measure to a Legal Person has been
Entered into
(1) After receipt of a case, in which an agreement has been
entered into, the judge shall verify whether the agreement was
entered into in accordance with the procedures laid down in this
Law and whether a violation of the norms of the Criminal Law has
not been committed. The judge shall evaluate the type of a
coercive measure provided for in the agreement entered into only
in case if it is established that the selected type of coercive
measure is not commensurate with the nature of the criminal
offence committed and the harm caused. In determining a
violation, the judge shall take a decision and send the case to
the prosecutor for elimination of the violation. The prosecutor
may, within 10 days, submit a protest regarding a decision to a
higher-level court the judge of which shall examine such protests
in the written procedure and his or her decision shall not be
subject to appeal.
(2) The case shall be tried by a judge sitting alone.
Examination of the case shall commence within 21 days from the
day when such case was received in the court proceedings of the
judge.
(3) The court shall commence examination of the case by
becoming acquainted with an agreement, which shall be read by a
prosecutor. After hearing the agreement the court shall ascertain
whether the legal person admits to the fact committing a criminal
offence and agrees to the amount, qualification of the offence,
in relation to which a coercive measure is applied, evaluation of
the harm caused and application of the agreement procedure,
whether he or she signed the agreement intentionally and
voluntarily, whether he or she is aware of its consequences and
agrees that the agreement entered into will be conformed to.
(4) The court shall ascertain the attitude of the legal person
and prosecutor towards the agreement, as well as hear other
persons summoned in this case.
(5) The court shall invite the members of the court hearing to
express requests, and shall decide on the satisfying or rejection
of such requests.
(6) After deciding of a submitted request, a court shall
retire to the deliberation room to make a ruling by notifying the
persons present at the court hearing of such ruling.
[29 May 2014; 30 March 2017]
Section 548.2 Court
Rulings in Cases, in which an Agreement Regarding the Application
of a Coercive Measure to a Legal Person has been Entered into
(1) A court shall make one of the following rulings in the
deliberation room:
1) a decision to terminate proceedings regarding the
application of a coercive measure to a legal person, if such
circumstances are established, which preclude the application of
the proceedings regarding a coercive measure;
2) a decision to send the case to a prosecutor for elimination
of violations;
3) a decision to apply a coercive measure to a legal
person;
4) a decision to try the case in accordance with general
procedures, if a legal person refuses the agreement.
(2) Court ruling shall be appealed only in accordance with
cassation procedures.
[29 May 2014]
Section 548.3 Trial in a
Written Procedure of a Criminal Case, in which an Agreement
Regarding the Application of a Coercive Measure to a Legal Person
has been Entered into
(1) A judge may take a decision to try a case in a written
procedure.
(2) The following shall be indicated in a decision on
accepting a case for trial in a written procedure:
1) the right for a prosecutor, a legal person, and a victim to
submit recusation of the court composition within 10 days and to
submit objections against trial of the case in a written
procedure;
2) the day of availability of the ruling.
(3) A case shall be examined in a written procedure according
to the materials in the case.
(4) If a prosecutor, a legal person or a victim has submitted
objections against trial of the case in a written procedure, the
court shall take a decision to try the case in an oral procedure.
A court may take a decision to try a case in an oral procedure
upon its own initiative.
(5) The court, having examined the case in a written
procedure, shall take one of the judgments specified in Section
548.2, Paragraph one of this Law.
(6) The ruling of a court made in accordance with the
procedures of Paragraph five of this Section may be appealed only
according to cassation procedures.
[29 May 2014]
Division Ten
Examination of a Case in an Appellate Court and a Cassation
Court
Chapter 52 Preparation of a Case
for Trial in an Appellate Court
[12 March 2009]
Section 549. Appeal in Accordance
with Appellate Procedures
Appeal in accordance with appellate procedures is the
submission of a written appellate protest or complaint regarding
a full court ruling that has not entered into effect of a court
of first instance for the purpose of achieving the revocation
thereof completely or in a part thereof both due to actual and
legal reasons.
[30 March 2017]
Section 550. Terms for the
Submission of an Appellate Complaint and Protest
(1) An appellate complaint or protest shall be submitted not
later than within 10 days or, if the court has extended the term
for appeal, not later than within 20 days after the day when a
full court ruling became available.
(2) After a specific term, a judge may refuse to accept a
submitted appellate complaint or protest with a decision that may
be written in the manner of a resolution, if the submitter has
not requested the renewal of the term. The submitter shall be
notified of the taken decision, but the submitted complaint or
protest shall be attached to the case. In requesting to renew the
missed term, the requirements of Section 317, Paragraph one of
this Law shall be complied with and the complaint shall be
attached.
(3) A decision of a judge with which the acceptance of an
appellate complaint or protest has been refused may be appealed
within 10 days in an appellate court, whose decision shall not be
subject to appeal.
[12 March 2009]
Section 551. Content of an Appellate
Complaint and Protest
(1) The following shall be indicated in an appellate complaint
or protest:
1) the court ruling regarding which the complaint or protest
is being submitted;
2) the amount in which the ruling is being appealed or
protested;
3) the way in which the error in the ruling has been
expressed;
4) evidence that must be examined in an appellate court;
5) whether new evidence is being submitted, what new evidence
is being submitted, regarding which circumstances, and why such
evidence was not submitted or examined in a court of first
instance;
6) the request of the submitter;
7) a list of the documents attached to the complaint or
protest.
(2) An appellate complaint or protest shall be signed by the
submitter thereof.
(3) An appellate complaint or protest shall indicate the given
name, surname, and address of the person the interrogation of
whom in an appellate court the submitter of the complaint or
protest requests, as well as whether a defence counsel will be
necessary in the appellate court, and whether or not the court
must invite for such defence counsel.
(4) A victim and his or her representatives may not request
more in an appellate complaint than what he or she had requested
in trial in a court of first instance.
(5) A prosecutor has a duty to submit a protest regarding an
unlawful or unjustified court ruling. However, a prosecutor who
has participated in a court of first instance is entitled to
submit a protest only regarding judgments in which the court has
not taken into account his or her views in the trial of the case,
or also has allowed violations that he or she was unable to
prevent in the course of the trial of the case. Such restrictions
do not apply to higher-ranking prosecutors.
[12 March 2009]
Section 552. Procedures for the
Submission of an Appellate Complaint and Protest
(1) An appellate complaint or protest shall be addressed to a
court that is one level higher - an appellate court.
(2) An appellate complaint or protest shall be submitted to
the court that made the ruling.
Section 553. Leaving an Appellate
Complaint and Protest without Advancement or Examination
(1) If an appellate complaint or protest does not comply with
the requirements of Section 551, Paragraphs one, two and three of
this Law, a judge shall take a decision to leave an appellate
complaint or protest without advancement, indicating the
deficiencies of the complaint or protest, and shall determine 10
days for the submitter to eliminate the deficiencies. The
decision shall not be subject to appeal.
(2) If a submitter does not eliminate deficiencies within the
specified term, a judge shall take a decision to leave the
appellate complaint or protest without examination notifying the
recipient thereof.
(3) A judge shall take a decision to leave the appellate
complaint or protest without examination even then, if the
conditions of Section 499, Paragraph four of this Law are not
observed in cases when a case is examined without verification of
evidence, as well as if the conditions of Section
111.1, Paragraph two, Clause 9 or Section 551,
Paragraphs four and five of this Law are not observed
therein.
(4) A decision which is taken in cases provided for in
Paragraph two and three of this Section may be appealed within 10
days in an appellate court the decision of which shall not be
subject to appeal.
[12 March 2009; 24 May 2012; 11 June 2020]
Section 554. Consequences of the
Submission of an Appellate Complaint and Protest
(1) The submission of an appellate complaint or protest shall
suspend the entering into effect of a judgment in relation to all
the accused in such case.
(2) The submission of an appellate complaint or protest
regarding a court judgment of acquittal shall not suspend the
entering into effect of a judgment in the part regarding the
releasing of an accused from arrest, house arrest, or a social
correctional educational institution.
(3) [21 October 2010]
[12 March 2009; 21 October 2010]
Section 555. Additions, Objections,
and Explanations of an Appellate Complaint or Protest
(1) After the end of the term for the submission of an
appellate complaint or protest, the court that rendered the
judgment shall send the case to an appellate court, and shall
send a copy of the submitted appellate complaint or protest to
the persons whose interests and rights have been infringed upon
by the appellate complaint or protest, and shall also inform such
persons regarding the sending of the case to the appellate
court.
(2) Persons whose interests and rights have been infringed
upon by an appellate complaint or protest have the right, until
the day when the case will be examined in an appellate court,
submit their written objections against an appellate complaint or
protest and explanations regarding such objections. Objections to
an appellate complaint or protests and explanations regarding
such objects shall be attached to the case.
(3) Persons who have submitted an appellate complaint or
protest are entitled to submit additions to the complaint or
protest to an appellate court not later than within 10 days after
the end of the appeal term, yet such persons shall not be
permitted to modify the essence of the initial request.
[12 March 2009]
Section 556. Withdrawal of Appellate
Complaints or Protests
(1) A person who has submitted an appellate complaint or
protest is entitled to withdraw his or her complaint or protest
up to the moment when an appellate court retires to deliberate
for the making a ruling.
(2) Without restrictions the following may be withdrawn:
1) the submitter of a complaint - his or her appellate
complaint;
2) an accused of legal age - n appellate complaint of his or
her defence counsel and his or her former representative;
3) a victim of legal age - an appellate complaint of his or
her representative;
4) a prosecutor - his or her appellate protest, and a
higher-ranking prosecutor - an appellate protest of a
lower-ranking prosecutor.
(3) The following persons may withdraw the following
complaints only with the written consent of an accused:
1) his or her defence counsel - his or her appellate
complaint;
2) his or her representative or former representative - his or
her appellate complaint.
(4) The representative of a victim may withdraw his or her
appellate complaint only with the consent of such victim.
(5) The withdrawal of an appellate complaint shall not be
binding on a court, if:
1) the appellate complaint has been withdrawn by a minor or a
person for whom protection is to be compulsorily ensured due to
his or her natural person or mental deficiencies, or the defence
counsel or representative of such minor or person;
2) an appellate court determines a clear violation of the
Criminal Law or this Law on account of which the appealed ruling
is to be revoked or modified in order to reduce the size of the
prosecution, reduce the sentence, or terminate the case.
(6) The court of first instance together with a criminal case
the received withdrawal of an appellate complaint shall send to
an appellate court. If a withdrawal of an appellate protest is
received, a court of first instance may take a decision to
terminate court proceedings.
(7) The appellate court or the judge of the appellate court
shall, upon the receipt of withdrawal of an appellate complaint
or protest, take a decision to terminate court proceedings. If
the court proceedings are terminated, the submitter of a
complaint or protest, as well as the persons whose interests or
rights the withdrawn complaint or protest has infringed shall be
notified thereof. The court shall notify regarding the taken
decision the persons who submitted the appellate complaint or
protest. If a complaint or protest is withdrawn in writing, a
decision may be taken in a manner of resolution.
(8) The decision to terminate court proceedings shall not be
subject to appeal.
[12 March 2009]
Section 557. Examination of an
Appellate Complaint of the Representative of a Minor Person
(1) An appellate complaint of the representative of an
accused, or victim, who is a minor shall be examined, if such
complaint has not been withdrawn, also if the person being
defended has reached legal age at the moment of examination of
the case.
(2) If such complaint of the former representative of an
accused or minor has been submitted after reaching of legal age
of the minor, such complaint shall be left without
examination.
Section 558. Circumstances that
shall be Ascertained Before the Acceptance of a Case for
Trial
(1) In deciding a matter regarding acceptance of a case for
examination, a judge shall ascertain whether circumstances exist
that prohibit the possibility to examine the case according to
appellate procedures.
(2) If, in receiving a case in a court of first instance, a
judge determines that a court of first instance has not fulfilled
the requirements provided for in Chapter 52 of this Law, he or
she shall take a decision on returning of the case to the court
of first instance for the elimination of deficiencies, and shall
notify, in writing, those persons whose interest and rights have
been infringed upon by the submitted appellate complaint or
protest regarding such returning. The decision shall not be
subject to appeal.
(3) If a case is received with a complaint or protest
regarding a decision provided for in Section 550, Paragraph
three, Section 553, Paragraph two or three of this Law, a judge
shall take a decision on satisfaction or refusal of such
complaint or protest and notify thereof the submitter of the
complaint or protest. If the complaint or protest is satisfied, a
copy of the accepted appellate or protest shall be sent to
persons the interest of which such complaint or protest
infringes. The decision on refusal of a complaint or protest
shall not be subject to appeal.
[12 March 2009; 21 October 2010]
Section 559. Acceptance of a Case
for Trial
(1) If circumstances do not exist that prohibit examination of
a case according appellate procedures, a judge shall take a
decision on trial of the case in a written or oral procedure.
(2) A decision on acceptance of a case for trial shall
indicate:
1) the place and time of the trial of the case;
2) the persons that are to be summoned to the court
hearing;
3) how the submitted requests have been decided, and the
additional materials that are required in connection with the
submitted requests.
(3) A prosecutor and persons whose interests and rights are
infringed upon by a submitted appellate complaint or protest
shall be notified regarding the time and place of the trial of a
case.
(4) A case may be tried in a written procedure if:
1) only the request for the mitigation of the imposed sentence
is expressed in the appellate complaint or protest and if a
prosecutor or a person whose interests and rights are infringed
by the complaint or protest does not object against it;
2) the conditions due to which the ruling of a court of first
instance should be repealed at any rate are indicated in the
appellate complaint or protest and if a prosecutor or a person
whose interests and rights are infringed by the complaint or
protest does not object against it;
21) the appellate complaint or protest contains a
request only regarding compensation for harm and if the
prosecutor or the person whose interests and rights are infringed
by the complaint or protest does not object against it;
3) only the request for the mitigation of the imposed sentence
is expressed in the appellate complaint or protest and if the
case has been examined in a court of first instance without
verification of evidence and the imposed sentence is not related
to the deprivation of liberty exceeding a term of five years;
4) such circumstances are indicated in the appellate complaint
or protest, due to which a ruling of a court of first instance
should be repealed at any rate, and if the case has been examined
in a court of first instance without verification of evidence and
the imposed sentence is not related to the deprivation of liberty
exceeding a term of five years;
5) a request only regarding procedural expenses or material
evidence is expressed in the appellate complaint or protest;
6) the appellate complaint contains a request only regarding
confiscation or recovery of criminally acquired property.
(5) The following shall be indicated in a decision on
acceptance of a case for trial in a written procedure:
1) the composition of a court by which the case will be
tried;
2) the rights of a prosecutor or a person, whose interests are
infringed by the complaint or protest to be examined, to submit a
recusation within 10 days to a composition of a court or a
particular judge, to submit objections against the trial of a
case in a written procedure, to submit an opinion regarding the
appellate complaint or protest;
3) the day of availability of the ruling.
[12 March 2009; 14 January 2010; 21 October 2010; 24 May
2012; 18 February 2016; 22 June 2017]
Chapter 53 Trial of a Case in
Accordance with Appellate Procedures
[12 March 2009]
Section 560. Persons who Participate
in the Trial of a Case in a Hearing of an Appellate Court
(1) A prosecutor, the persons who have appealed a court
judgment, the persons in relation to whom a court judgment has
been appealed or protested, and the defence counsel and
representatives thereof shall be summoned to a hearing of an
appellate court.
(2) Other persons may be summoned to a court hearing if such
request has been expressed in an appellate complaint or protest,
and if such persons have not been interrogated in the examination
of the case in a court of first instance. A court may summon, on
the basis of the initiative thereof, persons who have been
interrogated in a court of first instance, if the court has
justified doubts regarding the completeness of the provided
testimony or regarding the possible guilt of the accused in the
incriminating prosecution.
(3) If a person who has submitted an appellate complaint or
protest does not arrive at a court hearing without a justified
reason, his or her complaint or protest may be left without
examination. If an accused does not arrive at a court hearing
without a justified reason, an appellate complaint which has been
submitted by his or her defence counsel may be also left without
examination. If a defence counsel does not arrive at a court
hearing without a justified reason, his or her complaint shall be
examined, if it is maintained by the accused. A decision to leave
a complaint or protest without examination may be appealed within
10 days to the Supreme Court, the decision of which shall not be
subject to appeal.
(31) An appellate complaint of a victim or his or
her representative shall be examined also in the absence of a
victim, if he or she has submitted the relevant request to a
court thereon.
(4) If an accused who, in the appellate complaint thereof, has
disputed his or her guilt in the committing of a criminal offence
or the factual circumstances of an offence has died, his or her
complaint must be examined.
[12 March 2009; 14 January 2010; 21 October 2010; 19
December 2013; 18 February 2016]
Section 561. Trial of a Case in a
Hearing of an Appellate Court
(1) A case shall be tried in a court of first instance by a
panel of three judges, of whom one is the chairperson of the
court hearing. A case shall be tried in accordance with the
procedures laid down for the trial of a criminal case in a court
of first instance, except that which is specified in this
Chapter.
(2) A court investigation shall commence with a report of a
judge regarding the essence of a judgment of a court of first
instance, and regarding the requests expressed in an appellate
complaint or protest. After report, the judge shall ask the
person who submitted the appellate complaint or protest whether
such person maintains his or her complaint or protest and in what
amount.
(3) The minutes of a court of first instance and written
evidence and documents indicated in the minutes shall be examined
in a court hearing only when the person who conducts defence, a
prosecutor, and a victim or his or her representative, as well as
owner of property infringed during criminal proceedings whose
property has been seized has submitted such a request.
[28 September 2005; 12 March 2009; 23 May 2013; 30 March
2017; 22 June 2017]
Section 561.1 Examination
of an Appellate Complaint and Protest in a Written Procedure
(1) A case shall be examined in a written procedure according
to materials present in the case, taking into account the
competence of an appellate court.
(2) A judge who has been assigned the duty of reporting shall
notify regarding the circumstance of a case.
(3) A court may take a decision in a written procedure on
trial of a case in a written procedure in cases when objections
have been submitted by a prosecutor or a person whose interests
and rights are infringed by a complaint or protest.
(4) A court may take a decision to try a case in a written
procedure also upon the initiative thereof.
[12 March 2009; 21 October 2010]
Section 562. Amount and Framework
within which a Case shall be Tried in an Appellate Court
(1) A court investigation, and court debates, in an appellate
court shall take place in the amount of, and within the framework
of, the requirements expressed in a complaint or protest, which
shall not be exceeded, except where an appellate court has doubts
regarding the guilt of, or the circumstances aggravating the
liability of, an accused, participants, or joint participants
that has been determined by a court of first instance.
(2) An appellate court shall apply a law regarding a criminal
offence more serious than as recognised by a court of first
instance only if so requested by a prosecutor in his or her
protest, or by a victim in his or her complaint who is supported
by a prosecutor. In such case, a law regarding an offence more
serious than the offence regarding which the person has been
accused in sending a criminal case to court shall not be applied,
except where a prosecutor modified the prosecution in a hearing
of a court of first instance to a more serious prosecution.
(3) The imposition of a more serious sentence for an accused
shall be allowed if the protest of a prosecutor or the complaint
of a victim has been submitted for such reason, as well as then,
if upon a protest of a prosecutor or a complaint of a victim the
prosecution has been amended to a more serious prosecution.
(4) The finding of an acquitted person guilty, and the
imposition of a sentence on such person, shall be allowed only in
cases where a protest of a prosecutor, or a complaint of a
victim, supported by a prosecutor, has been submitted for such
reason.
[12 March 2009; 21 October 2010]
Section 563. Rulings of an Appellate
Court
(1) In the oral procedure an appellate court shall make one of
the following rulings:
1) to leave the ruling of the court of first instance
unamended;
2) to revoke the ruling of the court of first instance and
render a new ruling;
3) to revoke the ruling of the court of first instance in a
part thereof and render a new ruling in such part;
4) to revoke the ruling of the court of first instance and
terminate criminal proceedings in the cases provided for in this
Law;
5) to revoke the ruling of the court of first instance
completely or in a part thereof, and send the criminal case to
the court of first instance for examination de novo.
(11) In a written procedure a court of appeals
shall take one of the following judgments:
1) to leave the judgment of the court of first instance
unamended;
2) to revoke the judgment of the court of first instance in a
part regarding the sentence and render a new judgment in such
part;
3) to revoke the ruling of the court of first instance
completely or in a part, and send the criminal case to the court
of first instance for examination de novo;
4) to revoke the judgment of the court of first instance in a
part regarding the applied compensation for harm, confiscation or
recovery of criminally acquired property, procedural expenses, or
material evidence and render a new judgment in such part or send
the case to the court of first instance for examination de
novo.
(2) A court of appeals shall take a decision in the cases
provided for in Paragraph one, Clauses 1, 4, and 5 and Paragraph
1.1, Clauses 1 and 3 of this Section.
[12 March 2009; 18 February 2016; 30 March 2017; 22 June
2017]
Section 564. Content of a Ruling of
an Appellate Court
(1) A ruling of an appellate court shall consist of an
introductory part, a descriptive part, a reasoned part and an
operative part.
(2) The introductory part of a ruling shall indicate the time
and place of the acceptance thereof, the name and composition of
the court, the prosecutor, the person who submitted the appellate
complaint or protest, and the judgment that was appealed or
protested.
(3) The descriptive part of a ruling shall indicate the
essence of the appealed or protested judgment, and the requests
expressed in the appellate complaint or protest.
(4) The reasoned part of a ruling shall indicate the findings
of the appellate court regarding the validity of the appellate
complaint or protest, the circumstances ascertained by the
appellate court, the evidence that confirms the findings of the
appellate court, the motives why the appellate court rejects some
pieces of evidence, and the laws on the basis of which such court
conducts itself.
(5) If an appellate court determines circumstances of a
criminal offence that differ from the circumstances indicated in
the judgment of the court of first instance, such court shall
provide a new description of the criminal offence.
(6) If an appellate court leaves the judgment of a court of
first instance without modifications, such court may not repeat
the evidence and findings referred to in the judgment of the
court of first instance.
(7) The operative part of a ruling shall indicate one of the
rulings provided for in Section 563 of this Law. If a court takes
the decision provided for in Section 563, Paragraph one, Clause 5
or Paragraph 1.1, Clause 3 of this Law, it shall also
take a decision on a security measure. A court may take a
decision to extend a term for appeal for 10 days due to special
complexity and amount of criminal proceedings.
(8) If an appellate court renders a judgment that is
essentially new, the descriptive part, reasoned part, and
operative part thereof shall comply with the requirements
specified in this Law for a judgment of a court of first
instance.
[12 March 2009; 24 May 2012]
Section 565. Competence of an
Appellate Court in the Rendering of a New Judgment
(1) An appellate court may do the following as a result of
examination of an appellate complaint or protest:
1) acquit an accused regarding all criminal offences, or a
part of such offences, regarding which a court of first instance
rendered a judgment of conviction, determining a lighter sentence
or without changing the imposed sentence;
2) find an accused guilty of committing a criminal offence
that is less serious than that recognised by a court of first
instance, determining a lighter sentence or without changing the
imposed sentence;
3) exclude from prosecution a separate independent part
thereof, determining a lighter sentence or without changing the
imposed sentence;
4) revoke the judgment of a court of first instance in the
part regarding the imposed sentence, and determine a lighter
sentence for the accused;
5) revoke the judgment of a court of first instance in the
part regarding compensation for harm, the ensuring of
compensation for harm or the ensuring of confiscation of
property, material evidence, consideration of procedural
expenses, and a security measure, and to render a new judgment in
such part.
(2) Having determined the incorrect application of the
Criminal Law, an appellate court shall also apply the requirement
of Paragraph one of this Section to the other accused who have
been convicted regarding the same criminal offence, regardless of
whether an appellate complaint or protest has been submitted
regarding such conviction.
(3) On the basis of the protest of a prosecutor, or the
complaint of a victim, supported by a prosecutor, an appellate
court may:
1) find the accused guilty of committing a criminal offence
that is more serious than recognised by a court of first
instance, determining a heavier sentence or without changing the
sentence;
2) revoke the judgment of acquittal of the court of first
instance, and render a judgment of conviction;
3) find the accused guilty of committing separate criminal
offences, which a court of first instance excluded from
prosecution, determining a heavier sentence or without changing
the sentence;
4) [12 March 2009].
(4) On the basis of a protest of a prosecutor or a complaint
of a victim, an appellate court may revoke the judgment of a
court of first instance in the part regarding the sentence
punishment, determining a heavier sentence.
[12 March 2009; 21 October 2010; 20 December 2012]
Section 566. Competence of an
Appellate Court in the Sending of a Criminal Case to a Court of
First Instance for Examination De novo
If, in examination of a case, an appellate court determines
violations of this Law that bring about the revocation of the
judgment or another significant violation of this Law, which it
cannot eliminate by itself without infringing the right to
defence of the accused, such court shall, at any time of trial of
the case by having heard opinions of the participants to the
case, take a decision to revoke the judgment of a court of first
instance completely or in a part thereof, and to send the case to
a court of first instance for examination de novo.
[12 March 2009; 19 December 2013; 30 March 2017]
Section 567. Termination of
Appellate Court Proceedings
(1) If, in examination of a case, an appellate court
determines violations of the requirements of Section 550 of this
Law, such court shall take a decision to terminate the appellate
court proceedings.
(2) If, in examination of a case in relation to an appellate
complaint of a victim regarding a judgment of acquittal or a
request of the victim to apply the law for a more serious
criminal offence than recognised by the court, the prosecutor
does not support the complaint, the court shall discontinue court
investigation and take a decision to terminate court proceedings
of appeal.
[18 February 2016]
Section 568. Pronouncement of a
Ruling of an Appellate Court
(1) An appellate court shall pronounce the introductory part
and operative part of a ruling.
(2) A court shall determine a time within the next 14 days
when the full court ruling will be available, indicating it in
the operative part of the ruling.
(3) If due to the amount, legal complexity of a case or other
objective circumstances a full court ruling is not drawn up in a
specified time, a judge shall notify a prosecutor, accused,
victim, defence counsel and representative, as well as owner of
property infringed during criminal proceedings whose property has
been seized when a full court ruling will be available. Drawing
up of a full court ruling may be postponed only once.
[12 March 2009; 29 May 2014; 22 June 2017; 20 June
2018]
Chapter 54 Examination of a Case
According to Cassation Procedures
Section 569. Appeal in Accordance
with Cassation Procedures
(1) An appeal in accordance with cassation procedures is the
submission of a written cassation protest or complaint to the
Supreme Court regarding the legality of a ruling of an appellate
court, which has not yet entered into effect, for the purpose of
achieving the revocation thereof completely or in a part thereof,
or the modification thereof due to legal reasons.
(2) A ruling of a court of first instance that was made during
agreement proceedings and has not yet entered into effect may be
appealed in accordance with the procedures, and for the purpose,
specified in Paragraph one of this Section.
(3) A cassation court shall not evaluate evidence in a case de
novo.
[19 December 2013]
Section 570. Terms for the
Submission of a Cassation Complaint and Protest
(1) A cassation complaint or protest shall be submitted not
later than within 10 days or, if a court has extended the term
for appeal, not later than within 20 days after the day when a
full court ruling became available.
(2) After a specific term, a judge may refuse to accept a
submitted cassation complaint or protest with a decision that
shall be written in the manner of a resolution, if the submitter
has not requested the renewal of the term. The court shall notify
the submitter of the taken decision, and the submitted complaint
or protest shall be attached to the case. In requesting to renew
the missed term, the requirements of Section 317, Paragraph one
of this Law shall be complied with and the complaint shall be
attached.
(3) A decision of a judge, with which the acceptance of a
cassation complaint or protest has been refused, may be appealed
within 10 days in the Supreme Court, whose decision shall not be
subject to appeal.
(4) A complaint or protest submitted in accordance with the
procedures laid down in Paragraph one of this Section shall
suspend the execution of a judgment or the entering into effect
of a decision.
[12 March 2009; 19 December 2013]
Section 571. Persons who have the
Right to Submit a Cassation Complaint or Protest
(1) A cassation complaint may be submitted by an accused, his
or her defence counsel, a victim, his or her representative and
lawful representative, as well as owner of property infringed
during criminal proceedings whose property has been seized.
(2) An accused may submit a complaint regarding an
infringement of his or her rights, and a victim and owner of
property infringed during criminal proceedings whose property has
been seized may submit a complaint in the part that infringes
upon his or her rights and interests.
(3) A prosecutor may submit a cassation protest.
[22 June 2017]
Section 572. Content of a Cassation
Complaint and Protest
A cassation complaint or protest shall include a justification
of the requirements expressed therein with a reference to the
violation of the Criminal Law or of the norms of this Law, as
well as a reasoned request regarding examination of a case in
oral proceedings in a court hearing, if the submitter of the
complaint or protest so wishes.
[27 September 2018]
Section 573. Procedures for
Initiating Cassation Proceedings
(1) The legality of a ruling shall be examined in accordance
with cassation procedures only in the case where the action
expressed in the cassation complaint or protest has been
justified with a violation of the Criminal Law or a substantial
violation of this Law.
(2) The matter of examining a ruling in accordance with
cassation procedures shall be decided by the court in the
composition of three judges. The composition of the court and
time when the matter of initiating cassation proceedings will be
decided shall be notified to the person who submitted the
complaint or protest, and also to the person whose rights and
interests have been affected by the complaint or protest,
explaining the right to raise an objection within seven days.
(3) Initiation of cassation proceedings shall be rejected by
taking an unanimous decision in the form of a resolution where
the reasons for the rejection shall be indicated.
(4) If the opinion of judges on the initiation of cassation
proceedings differ or all judges believe that the matter should
be examined in accordance with cassation procedures, the decision
on the initiation of cassation proceedings shall be taken in the
form of a resolution.
(5) The decision referred to in Paragraphs three and four of
this Section shall not be subject to appeal.
[27 September 2018]
Section 573.1 Grounds for
the Refusal to Initiate Cassation Proceedings
(1) A court refuses to initiate cassation proceedings if the
cassation complaint or protest does not meet the requirements
laid down in Sections 569, 571, 572 and Section 573, Paragraph
one of this Law or the cassation complaint or protest has been
submitted regarding a court ruling which shall not be subject to
appeal in accordance with the Law.
(2) A court may refuse to initiate cassation proceedings in
the following cases:
1) case law of the Supreme Court has been established in the
issues of application of legal norms indicated in the cassation
complaint or protest, and the appealed ruling conforms to it;
2) after evaluation of the arguments included in the cassation
complaint or protest, no concerns on the legality of the appealed
ruling have arisen and the matter to be examined is not relevant
for the formation of case law.
[27 September 2018]
Section 574. Violations of the
Criminal Law
A violation of the Criminal Law is:
1) an incorrect application of sections of the General Part of
the Criminal Law;
2) the incorrect application of a section, paragraph, or
clause of the Criminal Law in qualifying a criminal offence;
3) the imposition on the accused of a type or amount of
sentence that has not been provided for in the sanction of the
relevant section, paragraph, or clause of the Criminal Law.
Section 575. Substantial Violations
of the Criminal Procedure Law
(1) The following are substantial violations of the Criminal
Procedure Law that bring about the revocation of a court
ruling:
1) a court has examined a case in an unlawful composition;
2) circumstances have not been complied with that exclude the
participation of a judge in examination of a criminal case;
3) a case has been examined in the absence of the accused or
persons involved in the proceedings, if the participation of the
accused and such persons is mandatory in accordance with this
Law;
4) the right of the accused to use a language that he or she
understands, and to use the assistance of an interpreter, has
been violated;
5) the accused was not given the opportunity to make a defence
speech or was not given the opportunity to say the last word;
6) a case does not have the minutes of a court hearing, if
such minutes are mandatory;
7) in rendering a judgment, a secret of court deliberations
has been violated;
8) a case has been examined without verification of evidence
not taking into account the conditions of Section 499 of this
Law.
(2) The expulsion of an accused or victim from a courtroom may
be recognised as a substantial violation of this Law, if the
expulsion was unjustified, and such expulsion has substantially
restricted the procedural rights of such persons, and, therefore,
led to the unlawful ruling.
(3) Other violations of this Law that led to an unlawful
ruling may also be recognised as substantial violations of this
Law.
[19 January 2006; 12 March 2009]
Section 576. Procedures for the
Submission of a Cassation Complaint and Protest
A cassation complaint or protest shall be submitted to the
court that made the ruling.
Section 577. Consequences of the
Submission of a Cassation Complaint and Protest
(1) The submission of an appellate complaint or protest shall
suspend the entering into effect of a ruling in relation to all
the accused in such case.
(2) The submission of a cassation complaint or protest
regarding a court judgment of acquittal shall not suspend the
entering into effect of a judgment in the part regarding the
revocation of a security measure - arrest, house arrest, or
placement in a social correctional educational institution.
(3) With the termination of the term for the appeal of a
ruling, the court that made the ruling shall send the case
together with the cassation complaint or protest to the Supreme
Court.
[19 December 2013]
Section 578. Report on the
Submission of a Cassation Complaint or Protest
(1) The court that made the ruling shall notify the prosecutor
of the submitted cassation complaint and protest, as well as
notify the persons whose interests and rights are infringed upon
by such complaint or protest, as well as inform the accused who
is held under arrest regarding his or her rights to request that
he or she is provided with an opportunity of participating in
examination of a matter, and simultaneously send a copy of the
submitted complaint or protest to the prosecutor and such
persons.
(2) The persons referred to in Paragraph one of this Section
may submit written objections or explanations within 10 days
after receipt of a copy of a complaint or protest, as well as a
written request to provide them with an opportunity of
participating in the trial of a case, to be sent to the Supreme
Court.
[21 October 2010; 19 December 2013]
Section 579. Supplementation or
Modification of a Cassation Complaint or Protest
(1) The submitter of a cassation complaint may submit
supplements and modifications to the complaint. The submitter of
a cassation protest or a higher-ranking prosecutor may submit
supplements and modifications to the protest.
(2) Modifications or supplements to a protest, or to the
complaint of a victim, that has been submitted in accordance with
cassation procedures after the end of the term for appeal shall
not put forth an action regarding the deterioration of the
condition of the accused, if such action is not in the initial
protest or complaint.
(3) Supplements and modifications shall not be submitted later
than within 10 days after the end of the term for appeal. The
Supreme Court shall immediately send copies thereof to the other
persons referred to in Section 578, Paragraph one of this Law who
have the right within 10 days from the day of the receipt of
copies of supplements and amendments to submit objections or
explanations thereon in writing.
[12 March 2009; 19 December 2013]
Section 580. Withdrawal of Cassation
Complaints or Protests
A cassation complaint or protest may be withdrawn in
accordance with the procedures laid down in Section 556 of this
Law.
Section 581. Examination of a
Cassation Complaint of the Representative of a Minor Person
(1) A cassation complaint of the representative of an accused,
or victim, who is a minor shall also be examined if the defendant
has reached legal age at the moment of examination of the
case.
(2) If such complaint of the former representative of an
accused or minor has been submitted after reaching of legal age
of the minor, such complaint shall be left without
examination.
Section 582. Composition of a
Cassation Court
(1) A panel of three judges of the Supreme Court, of whom one
is the chairperson of the hearing, shall examine judgments and
decisions in accordance with cassation procedures.
(2) A complaint or protest regarding decisions adopted in
cases provided for in Section 560, Paragraph three, Section 567
and Section 570, Paragraph two of this Law shall be decided by a
judge of a cassation court.
[12 March 2009; 19 December 2013]
Section 583. Determination of
Examination of a Case
(1) In initiating cassation proceedings, a court shall
determine that the case should be examined in a written procedure
or examined in a court hearing.
(2) Examination of a case in a written procedure shall be
determined, if the taking of a decision is possible on the basis
of the materials in the case. If additional explanations are
necessary from persons who have the right to participate in
proceedings, or if, on the basis of the discretion of the Supreme
Court, the relevant case may have special significance in the
interpretation of the norms of the law, examination of the case
in a court hearing shall be determined.
(3) Persons who have submitted a complaint or protest, as well
as persons whose interests are infringed upon by the complaint or
protest shall be notified whether a case will be examined in a
written procedure or a court hearing, indicating where and when
such case will be examined.
(4) If examination of a case has been specified in a written
procedure, the persons referred to in Paragraph three of this
Section shall be notified regarding the composition of the court,
and the right to submit a recusal within seven days shall be
explained to such persons.
(5) In examining a case in a court hearing, an accused who is
being held under arrest shall be ensured the opportunity to
participate in examination of the case, if he or she has
requested such participation in the term indicated in Section
578, Paragraph two of this Law.
[19 December 2013; 11 June 2020]
Section 584. Boundaries of
Examination of a Case in a Cassation Court
(1) Examination of the legality of court rulings shall take
place in the amount of, and within the framework of, the
requirements expressed in a cassation complaint or protest.
(2) A cassation court shall be permitted to exceed the amount
and framework of requirements expressed in a cassation complaint
or protest in the cases where such court determines the
violations indicated in Sections 574 and 575 of this Law, and
such violations have not been indicated in the complaint or
protest.
Section 585. Examination of a Case
in a Written Procedure
(1) A case shall be examined in a written procedure on the
basis of the materials in the case, in conformity with the
competence of the cassation court.
(2) If necessary, a court shall request the submission of the
views of the prosecutor within 10 days.
(3) A judge who has been assigned the duty of reporting shall
notify regarding the circumstance of a case.
(4) A cassation complaint or protests shall be decided by
taking a decision.
(5) A decision to transfer a case for examination in a court
hearing may also be taken in a written procedure.
(6) [12 March 2009]
[12 March 2009; 19 December 2013]
Section 586. Examination of a Case
in Oral Proceedings in a Hearing of a Cassation Court
(1) The chairperson of a court hearing shall open the hearing,
announce which case is to be examined, ascertain who has arrived
for the court hearing, and decide the matter regarding the
possibility of examining the case. The non-arrival of an accused
or his or her defence counsel, or a victim or his or her
representative, if he or she has been notified regarding the time
and place of the hearing of the cassation court, shall not be an
impediment to examination of a case.
(2) The chairperson of a hearing shall announce the
composition of the court, the surname of the interpreter,
prosecutor, and advocate, and ascertain whether there are
recusals. If there are such recusals, a court shall take a
decision on such recusals.
(3) Examination of a case shall commence with an account of
the judge in which he or she shall outline the circumstances of
the case that relate to the object of the complaint or protest,
the essence of the ruling regarding which the cassation complaint
or protest has been submitted, the reasons due to which the
action has been submitted to revoke or modify the ruling.
(4) After account of the judge, the chairperson shall summon
the submitter of the complaint, his or her defence counsel or
representative, to provide explanations for the justification of
the complaint. If the case is examined in connection with a
protest, the prosecutor shall be given the first word for the
justification of the protest.
(5) In cases where the submitter of a complaint, his defence
counsel or representative has not arrived, the judge shall notify
regarding the justification for the complaint.
(6) Afterward, the court may hear other persons who have been
notified regarding the court hearing and whose rights and
interests are infringed upon by the cassation complaint or
protest.
(7) After hearing of explanations, the prosecutor shall
express his or her view regarding such explanations. Then the
court shall once again hear the accused or his or her defence
counsel, and take a decision in the deliberation room.
[19 December 2013; 22 June 2017]
Section 587. Court Decisions of a
Cassation Court
(1) A cassation court shall take one of the following
decisions:
1) to leave a ruling unamended, and reject a cassation
complaint or protest;
2) to revoke a ruling completely or in a part thereof, and
send a case for examination de novo;
3) to revoke a ruling completely or in a part thereof, and
terminate criminal proceedings;
4) to modify a ruling;
5) to terminate cassation court proceedings.
(2) If a cassation court determines a significant violation of
this Law which an appellate court cannot eliminate, it shall
repeal the rulings of courts of both instances and send the case
for examination de novo in a court of first instance.
[12 March 2009]
Section 588. Content of a Decision
of a Cassation Court
(1) The following shall be indicated in a decision of a
cassation court:
1) the time and place of the taking of the decision;
2) the name and composition of the court, and the prosecutor
and other persons who participated in examination of the
case;
3) the person who submitted the cassation complaint or
protest;
4) the contents of the operative part of the appealed
ruling;
5) the essence of the action expressed in the cassation
complaint or protest, the justification for such action, and the
essence of the objections and the views of the prosecutor;
6) the decision of the cassation court on complaint or
protest.
(2) A decision shall be reasoned. If a cassation complaint or
protest is rejected, the decision shall indicate why the
arguments expressed in the cassation or protest have been
recognised as unjustified.
(3) In the case of the revocation of a ruling, a cassation
court shall indicate the law, and the section thereof, that has
been violated, and how such violation was made manifest.
(31) If a court of cassation takes the decision
provided for in Section 587, Paragraph one, Clause 2 of this Law,
it shall also decide on a security measure.
(4) If a case is examined in oral procedure in a court
hearing, the entire composition of the court shall sign the
operative part of a decision in the deliberation room. The
chairperson, or a judge of the court panel, shall immediately
pronounce such decision in the courtroom.
(5) Decision of a cassation court shall not be subject to
appeal, except for the case provided for in Section 465,
Paragraph seven of this Law. Such decision shall enter into
effect at the moment of the pronouncement thereof.
[24 May 2012; 27 September 2018]
Section 589. Compulsory Nature of an
Instruction of a Cassation Court
(1) The translation of a law expressed in a decision of a
cassation court shall be compulsory for the court that examines
such case de novo.
(2) A cassation court shall not indicate in a decision thereof
what ruling must be made in examining the case de novo.
Section 590. Transfer for Execution
of a Decision of a Cassation Court
(1) A reasoned decision of a cassation court shall be signed
by the entire composition of the court not later than within five
working days after acceptance thereof, and sent, together with
the case, to the following:
1) a court of first instance, if the decision referred to in
Section 587, Clauses 1, 3, 4, and 5 of this Law has been
taken;
2) the court whose ruling has been revoked, if a cassation
court has taken a decision to send a case for examination de
novo.
(11) A copy of a decision of a court of cassation
shall be sent to the submitter of a complaint and a prosecutor.
The result of examination shall be notified to the other persons
referred to in Section 583, Paragraph three of this Law.
(2) A decision on basis of which a security measure related to
deprivation of liberty has been revoked shall be executed
immediately. In such case, a cassation court shall send an
extract of the decision for execution.
[12 March 2009]
Section 591. Examination of a Case
after Revocation of a Judgment or Decision
(1) A case in which a made ruling has been revoked shall be
sent for examination de novo to the court that made such ruling.
Such case shall be examined in accordance with general
procedures, but in a different composition of court.
(2) The intensification of a sentence, or the application of a
law, for a more serious criminal offence in examining a case de
novo shall be allowed only if a judgment has been revoked due to
the lightness of the sentence or in connection with the fact
that, on the basis of the protest of a prosecutor or the
complaint of a victim, the application of a law regarding a more
serious criminal offence was necessary.
(3) A ruling made in examining a case de novo may be appealed,
and a protest regarding such ruling may be submitted, in
accordance with general procedures.
Division Eleven
Special Features of Criminal Proceedings in Cases of Separate
Categories
Chapter 55 Criminal Proceedings in
Determining Compulsory Measures of a Medical Nature
Section 592. Grounds for Determining
Compulsory Measures of a Medical Nature
(1) A court shall determine a compulsory measure of a medical
nature provided for in Section 68 of the Criminal Law for a
person who has committed a criminal offence while in a state of
mental incapacity, or who, after committing of a criminal offence
or the rendering of a judgment, has fallen ill with mental
disturbances that have taken away his or her capacity to
understand his or her actions or to control such actions, if such
person, on the basis of the nature of the committed offence and
his or her mental condition, is dangerous to society.
(2) If the person referred to in Paragraph one of this
Section, on the basis of the nature of a committed offence and
his or her mental condition, is not dangerous to society, but has
fallen ill with mental disturbances, the person directing the
proceedings may terminate criminal proceedings by placing the
respective person under the care of the immediate family or other
persons who perform nursing of patients.
[12 March 2009; 29 May 2014]
Section 593. Procedures for
Pre-trial Proceedings
(1) Pre-trial proceedings are mandatory regarding a criminal
offence committed by a person while in a state of mental
incapacity, or regarding a criminal offence committed by a person
for whom mental disturbances have arisen following the committing
of such offence, and such pre-trial proceedings shall take place
in accordance with the general procedures laid down in this Law,
as well as the provisions of this Chapter.
(2) If, during the course of criminal proceedings commenced in
accordance with general procedures, the grounds referred to in
Section 592 of this Law have been ascertained, or the findings of
a court psychiatric expert-examination have been received
regarding the existence of such grounds, a prosecutor shall take
a reasoned decision within 10 days to continue proceedings for
determination of compulsory measures of a medical nature. If
necessary, the materials of a criminal case regarding the
specific person shall be distributed in separate records. From
this time on, a person which is held criminally liable shall lose
the status of the accused person.
[12 March 2009]
Section 594. Participation of a
Person in the Conducting of Investigative Actions in Pre-trial
Proceedings
(1) In initiating proceedings for the determination of
compulsory measures of a medical nature, a prosecutor shall
notify the relevant legal person, or the representative thereof,
regarding such initiation by sending a copy of the decision, and
shall inform such persons and the representative thereof
regarding the rights and duties thereof.
(2) If proceedings have been initiated against a person for
the determination of compulsory measures of a medical nature,
and, in accordance with the findings of an expert-examination,
the person may not participate in the conducting of investigative
actions in pre-trial proceedings, a prosecutor shall inform the
defence counsel of such person regarding such non-participation,
and shall take a decision on participation of a representative in
criminal proceedings.
[12 March 2009]
Section 595. Circumstances to be
Ascertained in Pre-trial Proceedings
(1) The following shall be ascertained in pre-trial
proceedings for the determination of compulsory measures of a
medical nature:
1) the circumstances of the committing of a criminal
offence;
2) whether the criminal offence was committed by the person to
be examined;
3) whether the person was ill during the committing of the
criminal offence with mental disturbances due to which he or she
was unable to understand his or her actions or control such
actions, or fell ill with such mental disturbances following the
committing of the criminal offence;
4) circumstances that do not allow for the imposition of a
punishment, if the person has fallen ill with mental disturbances
following the committing of a criminal offence;
5) data characterising the persons to be examined;
6) the nature and amount of the harm caused as a result of the
criminal offence.
(2) A court may determine compulsory measures of a medical
nature if the circumstances indicated in Paragraph one of this
Section have been determined.
Section 596. Court Psychiatric
Expert-examinations
(1) The person directing the proceedings shall determine a
court psychiatric expert-examination for a suspect or accused, if
information has been acquired in criminal proceedings regarding
the fact that a person ill with mental disturbances committed a
criminal offence while in a state of mental incapacity, or has
fallen ill following the committing of the criminal offence. The
person directing the proceedings shall notify the suspect or
accused, as well as the representative and defence counsel
regarding the time and place of expert examination, if they have
already previously participated in the proceedings due to other
reasons.
(2) In determining a court psychiatric expert-examination, the
ascertaining of the circumstances indicated in Section 595,
Paragraph one, Clauses 3, 4, and 5 of this Law, and the posing of
specific questions to the expert, shall be necessary, including a
question regarding whether the person may participate in
pre-trial proceedings and examination of the case in the
court.
(3) A court psychiatric expert-examination is mandatory in
proceedings for the determination of compulsory measures of a
medical nature.
(4) If one year has passed since performance of
expert-examination or if doubts regarding the health condition of
the person arise, the court shall determine a court psychiatric
expert-examination for the person.
[12 March 2009; 29 May 2014]
Section 597. Suspension of Criminal
Proceedings in Relation to the Placement of a Person in a Medical
Treatment Institution
(1) If a person who has fallen ill with mental disturbances
after committing a criminal offence may not participate in
criminal proceedings on the basis of the findings of an expert,
and medical treatment is necessary for such person, such person
may be placed in a medical treatment institution by a court
decision. The court shall take the decision during pre-trial
proceedings, on the basis of a proposal of the person directing
the proceedings. During trial the court shall take decision upon
its initiative. After taking of the decision the person directing
the proceedings shall suspend the criminal proceedings.
(11) If a person has been cured or it is detected
that he or she cannot be cured, the medical treatment
institution, in which the person was place, shall provide its
findings to the person directing the proceedings within six
months.
(2) Having received findings from a medical treatment
institution that a person has been cured and that the
continuation of an investigation is possible, the person
directing the proceedings shall renew and continue criminal
proceedings.
(3) If, in accordance with the findings of an expert, a person
is incurable and the determination of one of the compulsory
measures of a medical nature provided for in the Criminal Law is
necessary for him or her, the person directing the proceedings
shall complete the proceedings for the determination of
compulsory measures of a medical nature.
[12 March 2009; 29 May 2014]
Section 598. Participation of a
Defence Counsel and Representative in Proceedings
(1) The participation of a defence counsel is mandatory in
proceedings for the determination of compulsory measures of a
medical nature.
(2) The participation of the representative of a person is
mandatory in proceedings for the determination of compulsory
measures of a medical nature, if the person may not participate
in the proceedings himself or herself.
(3) A defence counsel and representative shall participate in
proceedings from the moment when the falling ill of the person
with mental deficiencies is determined, if such defence counsel
and representative have not previously participated in
proceedings due to other reasons.
(4) If, during criminal proceedings, a person is treated and
found to have full mental capacity, a court shall decide on the
further participation of the representative in proceedings, but
the defence counsel shall continue to participate in
proceedings.
Section 599. Revocation of a
Security Measure
(1) In initiating proceedings for the determination of
compulsory measures of a medical nature, the security measure
selected for a person shall be revoked.
(2) If a person is dangerous to society in connection with
falling ill, the investigating judge in pre-trial proceedings may
take a decision, on the basis of a proposal of the person
directing the proceedings, to place such person in a psychiatric
hospital for a time period up to six months until the court takes
a decision to determine compulsory measures of a medical nature.
Placing in a psychiatric hospital shall be applied and complaints
about is shall be examined according to the same procedures as
about arrest. The investigating judge may extend the specified
time period for not more than six months in one extension, if the
person is still dangerous to the society due to his or her
illness.
(3) If during the trial a court decides to continue the
proceedings for the determination of compulsory measures of a
medical nature and if a person is dangerous to society due to his
or her illness, a court may decide on the placement of such
person in a psychiatric hospital for a time period up to six
months. The judge may extend the specified time period for not
more than six months in one extension, if the person is still
dangerous to the society due to his or her illness. The person in
relation to whom the proceedings for determination of compulsory
measures of a medical nature is taking place, his or her defence
counsel and representative, as well as the person directing the
proceedings may appeal the decision of the judge in a
higher-level court within seven days after receipt of the copy of
the decision. The decision to examine a complaint shall not be
subject to appeal.
[12 March 2009; 29 May 2014]
Section 600. Completion of Pre-trial
Proceedings
(1) A prosecutor shall complete pre-trial proceedings for the
determination of compulsory measures of a medical nature by
taking a decision to send a criminal case to court for the
determination of compulsory measures of a medical nature, and
such decision shall not be subject to appeal.
(2) If there are several accused in a criminal case and a
prosecutor takes a decision for one or more of such accused to
send the case to court for determination of compulsory measures
of a medical nature, the prosecutor shall complete the pre-trial
proceedings in relation to the other accused in accordance with
general procedures.
(3) If the criminal proceedings indicated in Paragraph two of
this Section may be completed in relation to all accused
simultaneously, the case shall be sent to the court for
examination in single proceedings.
Section 601. Decision to Send a
Criminal Case to a Court
A decision to send a criminal case to a court for the
determination of compulsory measures of a medical nature shall,
in additional to general requirements, indicate the circumstances
referred to in Section 595, Paragraph one, Clauses 3 and 4 of
this Law and ascertained in pre-trial proceedings, and the
grounds for the determination of compulsory measures of a medical
nature.
Section 602. Preparation for a Court
Hearing
(1) In preparing a case for examination, the judge shall
decide the matter regarding which persons are to be summoned to a
court hearing.
(2) If a person against whom the proceedings for the
imposition of compulsory measures of a medical nature are taking
place, is located in a medical treatment institution, the judge
shall give an order to convey such a person to the court hearing,
except when according to the findings of the physician (expert)
it is not permissible or recommended due to the health condition
of the person.
[29 May 2014]
Section 603. Examination of a
Criminal Case in a Court Hearing
(1) A criminal case regarding imposition of compulsory
measures of a medical nature shall be examined in a closed court
hearing with the participation of a prosecutor, defence counsel,
the representative of a person, as well as the person on whom the
compulsory measure of a medical nature is imposed, except when
according to the findings of the physician (expert) it is not
permissible or recommended due to the health condition of the
person.
(2) A court investigation shall commence with the prosecutor
reading the descriptive part of the decision to send the criminal
case to court for the determination of compulsory measures of a
medical nature.
(3) A court hearing shall examine evidence in order to decide
the matter of whether such person has committed a criminal
offence, and whether compulsory measures of a medical nature
shall be determined for such person.
(31) If a person, on the basis of the nature of a
committed offence and his or her mental condition, is not
dangerous to society, in deciding the issue on transfer of the
person under the care of relatives or other persons who perform
nursing of patients, the court must receive consent of such
persons.
(4) A court shall summon an expert psychiatrist at its own
discretion.
[29 May 2014; 11 June 2020]
Section 604. Deciding a Criminal
Case in a Court
In examining a criminal case regarding the determination of
compulsory measures of a medical nature, a court shall decide the
following matters:
1) whether a criminal offence has occurred;
2) whether such offence was committed by the person against
whom the proceedings are taking place;
3) whether the person committed the criminal offence while in
a state of mental incapacity or a state of full capacity, and
whether such person suffers from mental disturbances at the
moment of the taking of the decision;
4) whether a person suffering from mental disturbances fell
ill after committing of the criminal offence, and whether such
illness is temporary, and therefore examination of the case
should be suspended;
5) whether the person is dangerous to society;
6) what compulsory measures of a medical nature are to be
determined for such person
7) whether an application for a compensation of harm is to be
satisfied, for whom and in what amount such compensation is to be
collected;
8) how to handle material evidence and other things removed
during proceedings, and property which has been seized;
9) from whom procedural expenses are to be collected.
[12 March 2009]
Section 605. Court Decision in a
Criminal Case
(1) Upon finding that a person has committed a criminal
offence while in a state of mental incapacity, or that such
person has fallen ill with mental disturbances following the
committing of a criminal offence, and therefore he or she does
not have the capacity to understand his or her actions or to
control such actions, the court shall take the decision, in
accordance that laid down in the Criminal Law, on the release of
such person from criminal liability or sentence, and shall
determine one of the compulsory measures of a medical nature
provided for in the Criminal Law.
(2) If a person, on the basis of the nature of a committed
offence and his or her mental condition, is not dangerous to
society, the court may place him or her under the care of such
immediate family or other persons who perform nursing of
patients.
(3) Having found that a person has full mental capacity, a
court shall, with a decision thereof, transfer a criminal case to
a prosecutor for the completion of pre-trial proceedings.
(4) Having found that the participation in a criminal offence
of a person being examined has not been proven, or having
ascertained circumstances that, in general, do not allow for
criminal proceedings, a court shall take a decision to terminate
criminal proceedings, and notify regarding such decision the
medical treatment institution in which such person is being
treated.
(5) Having found that a person being examined has not
committed a criminal offence, but such offence was committed by
another person, a court shall terminate criminal proceedings
against the person being examined, and send the criminal case to
a prosecutor for the continuation of pre-trial proceedings.
(6) In the operative part of a decision, a court shall
determine actions with material evidence and documents,
compensation for harm, actions with property which has been
seized, recovery of procedural expenditures, and shall explain
the procedures and time persons for the appeal of a court
decision.
(7) If a person against whom proceedings are taking place for
the determination of compulsory measures of a medical nature has
not participated in a court hearing due to the nature of his or
her illness, a court shall send a copy of the court decision to
such person.
[12 March 2009; 21 October 2010; 29 May 2014; 30 March
2017]
Section 606. Appeal of Court
Decisions
(1) A court decision shall be subject to appeal in accordance
with general procedures.
(2) If a court decision is appealed only in connection with
the deciding in a case of the compensation for harm caused, such
appeal shall not suspend the execution of the decision in the
part regarding the application of a compulsory medical
measure.
[12 March 2009; 29 May 2014]
Section 607. Grounds for the
Revocation or Modification of Compulsory Measures of a Medical
Nature
(1) If the person for whom compulsory measure of a medical
nature has been specified has been cured or his or her health
condition has improved, or it is detected that the health
condition of such person has changed otherwise insofar that the
person is no longer dangerous to the society, the head of the
medical treatment institution, in which the relevant person is
being treated, shall, on the basis of the findings of a physician
- specialist or a committee of physicians, propose for the court
to decide the matter regarding the revocation of the specified
compulsory measure of a medical nature or modification thereof to
a less restricting measure.
(2) If a person does not carry out the compulsory measure of a
medical nature specified for him or her, the head of the medical
treatment institution, in which the relevant person is being
treated, shall, on the basis of the findings of a physician -
specialist or a committee of physicians, propose for the court to
decide the matter regarding modification of the specified
compulsory measure of a medical nature to a more restricting
measure.
(3) A person for whom compulsory measures of a medical nature
have been specified, as well as the lawful representative or
other member of the immediate family of such person may submit to
a court a request to revoke or modify the specified compulsory
measure of medical nature. In such cases, the court shall request
from the relevant medical treatment institutions findings
regarding the health condition of such person in regard to whom
the request has been submitted.
(4) A prosecutor may also submit to a court a proposal
regarding the revocation or modification of a compulsory measure
of a medical nature specified by the court, by attaching to the
proposal the conclusion of the relevant medical treatment
institution and other documents that are necessary for the
deciding of the matter.
(5) Having received a proposal of the head of the medical
treatment institution regarding modification of the specified
compulsory measure of a medical nature to a more restricting
measure, the court may determine a court psychiatric
expert-examination for the person.
(6) The court of first instance that controls the execution of
the decision shall, upon its initiative, examine the matter
regarding the revocation or modification of such decision, if,
within one year after determination of the compulsory measure of
a medical nature or the last examination of the matter regarding
revocation or modification thereof, a request or proposal to
revoke or modify the specified compulsory measure of a medical
nature has not been submitted.
[29 May 2014]
Section 608. Procedures for the
Revocation or Modification of Compulsory Measures of a Medical
Nature
(1) A matter regarding the revocation or modification of
compulsory measures of a medical nature shall be decided by the
court of first instance, which controls the execution of the
decision, within 14 days from the day of receipt of the findings
of a physician - specialist or a commission of physicians, or a
court psychiatry expert.
(2) A prosecutor, defence counsel, and the representative of
the person, as well as person himself or herself for whom a
compulsory measure of a medical nature has been determined shall
participate in a court hearing, unless according to the findings
of a physician (expert) it should not be permitted or is not
recommended due to the health condition of the person. The person
who initiated examination of the matter and also, at the
discretion of the court, a representative of the relevant medical
treatment institution shall be summoned to the court hearing.
(3) If a court has doubts regarding the findings of a
physician - specialist or a commission of physicians, such court
may determine a court psychiatric expert-examination,
additionally request documents of a medical nature or other
documents, as well as perform other operations.
(4) After examination of the circumstances, the court shall
hear the conclusion of the prosecutor, the views of the defence
counsel and representative, as well as of person who have been
imposed compulsory measure of a medical nature, except when on
the basis of the findings of a physician (expert) the person does
not participate in the court hearing.
(5) A court shall take a decision to revoke or modify
compulsory measures of a medical nature, or regarding a refusal
to revoke or modify such measures. The decision shall be subject
to appeal only in a regional court. The complaint shall be
examined in accordance with the procedures laid down in Section
342, Paragraph 6.1 of this Law. Submission of a
complaint or protest regarding a court decision by which a
compulsory measure of a medical nature is modified to a lighter
one or revoked shall not suspend the execution of such decision.
In taking a decision on modification of a compulsory measure of a
medical nature to a more serious one, the court may decide on the
matter of placement of a person in a psychiatric hospital in
accordance with that specified in Section 599, Paragraph three of
this Law.
(6) The repeated proposal of a matter in court shall be
allowed not earlier than three months from the day when the court
rejected a request regarding the revocation or modification of
compulsory measures of a medical nature.
[21 October 2010; 29 May 2014; 30 March 2017; 11 June
2020]
Section 609. Consequences of the
Renewal of Criminal Proceedings
(1) If a person who had fallen ill with mental disturbances
following the committing of a criminal offence is found to be
healthy, a court shall, in accordance with the procedures laid
down in Section 608 of this Law, take a decision to revoke
compulsory measures of a medical nature and send the case to the
prosecutor for the completion of pre-trial proceedings.
(2) The time spent in a medical treatment institution shall be
conformed to the time spent under arrest.
Chapter 56 Criminal Proceedings in
Cases Regarding the Exoneration of a Deceased Person
Section 610. Reasons for the
Continuation of Criminal Proceedings for the Exoneration of a
Deceased Person
(1) If the person directing the proceedings has, with a
decision thereof, terminated criminal proceedings in due to the
death of a person, or has terminated criminal proceedings on the
basis of a reason other than exoneration by essentially finding a
person guilty in the committing of a criminal offence, and such
person has died after such guilty finding, the lawful
representative and the immediate family of such person, as well
as other persons who have facts at their disposal that testify
regarding the innocence of the deceased person, may submit an
application, within one year after taking of such decision,
regarding the continuation of criminal proceedings for the
exoneration of the deceased person.
(2) An application regarding the continuation of criminal
proceedings for the exoneration of a deceased person may also be
submitted in the case where a suspect or accused has died, but
the person directing the proceedings has not yet terminated
criminal proceedings.
[12 March 2009]
Section 611. Decision to Continue
Criminal Proceedings for the Exoneration of a Deceased Person
(1) The person directing the proceedings shall examine the
application of a person regarding the continuation of criminal
proceedings for the exoneration of a deceased person in which
information is provided regarding facts that testify regarding
the innocence of such person in the committing of a criminal
offence, examine such information in connection with the
information already in the materials of the criminal case, and
take one of the following decisions within 10 days after receipt
of the application:
1) to revoke the decision to terminate criminal proceedings
and continue criminal proceedings for the exoneration of the
deceased person;
2) reject the application.
(2) The person directing the proceedings shall immediately
send a copy of a decision to the submitter of an application,
who, in the case of the rejection of the application, may appeal
such decision in accordance with the procedures laid down in
Chapter 24 of this Law.
Section 612. Special Features of the
Continuation of Pre-trial Criminal Proceedings
(1) After a decision has been taken on continuation of
criminal proceedings for the exoneration of a deceased person,
pre-trial proceedings shall take place in accordance with the
general procedures laid down in this Law, as well as with the
provisions of this Chapter.
(2) The person directing the proceedings shall take a decision
on involvement in proceedings of a person who submitted an
application for the continuation of criminal proceedings for the
exoneration of a deceased person, and shall inform such person
regarding the rights thereof.
(3) The person directing the proceedings shall perform the
necessary procedural actions in pre-trial proceedings in order to
examine the information provided in an application.
Section 613. Completion of Pre-trial
Proceedings for the Exoneration of a Deceased Person
(1) An investigator, with the consent of a supervising
prosecutor, or a prosecutor may, with a decision to terminate
criminal proceedings, complete pre-trial proceedings for the
exoneration of a deceased person:
1) on the basis of a reason other than exoneration;
2) with a justification that exonerates the deceased person,
simultaneously deciding the matter regarding the renewal of the
previously restricted rights of such person, if possible;
3) with an exonerating justification in the part regarding the
deceased person, simultaneously deciding the matter regarding the
renewal of the previously restricted rights of such person, if
possible, but transferring the materials of the criminal case for
investigation in order to ascertain the guilty person.
(2) The person directing the proceedings shall immediately
send a copy of a taken decision to the submitter of an
application, informing him or her regarding his or her rights to
familiarise himself or herself with the materials of the case and
to appeal, within 10 days, the decision in court.
Section 614. Court Proceedings for
the Exoneration of a Deceased Person
(1) Having received a complaint from a submitter of an
application regarding the termination of pre-trial proceedings, a
judge shall:
1) request the materials of the criminal case from the person
directing the pre-trial proceedings;
2) determine the time and place of a court hearing;
3) summon the necessary person to the court hearing.
(2) A criminal case for exoneration of a deceased person shall
be examined in a court hearing with the participation of a
prosecutor, the submitter of the application, and the defence
counsel, if such defence counsel exists.
(3) A court hearing shall hear the complaint of the submitter
of an application or a defence counsel, the report of a
prosecutor regarding the essence of the case, and examine
submitted evidence.
Section 615. Deciding of a Criminal
Case
(1) In examining a criminal case regarding exoneration of a
deceased person, a court shall decide whether a criminal offence
has taken place and whether the person regarding whom the
proceedings are taking place committed such offence.
(2) Having recognised that the participation of a deceased
person in a criminal offence has not been proven, or having
ascertained circumstances that do not, in general, allow for
criminal proceedings, a court shall take a decision to terminate
criminal proceedings, exonerating the relevant person.
(3) Having recognised that a criminal offence has taken place
and that the person regarding whom proceedings are taking place
committed such offence, a court shall take a decision to
terminate criminal proceedings without exonerating the relevant
person.
(4) Having recognised that a deceased person has not committed
a criminal offence, but such offence was committed by another
person, a court shall terminate criminal proceedings against the
deceased person and send the criminal case to the Office of the
Prosecutor for the continuation of the criminal proceedings.
Section 616. Procedures for the
Appeal of a Court Decision
(1) A court decision shall be subject to appeal in accordance
with general procedures.
(2) A person who has requested the continuation of proceedings
has the same rights to appeal a decision of a court of first
instance and an appellate court as an accused.
Chapter 57 Special Features of
Court Proceedings in Examining Complaints Regarding the
Justification for the Termination of Criminal Proceedings
Section 617. Grounds for the
Submission of a Complaint
A person against whom criminal proceedings have been
terminated, may submit a complaint regarding a decision of an
investigator or prosecutor to terminate criminal proceedings, if
such proceedings have been terminated in connection with the
following:
1) limitation period of criminal liability, but the person
does not admit his or her guilt in the offence;
2) statement of amnesty, but the person does not admit his or
her guilt in the offence;
3) the conditions that exclude criminal liability, but the
relevant person disputes the factual circumstances.
[12 March 2009]
Section 618. Procedures and Terms
for the Submission of a Complaint
(1) [12 March 2009]
(2) A decision may be appealed within one month of the day of
the receipt of a copy of the decision.
(3) A complaint shall be submitted to the person directing the
proceedings, who shall submit such complaint, together with
materials, to the court that has jurisdiction over examination of
the relevant criminal offence.
(4) If a decision to terminate criminal proceedings has been
taken in relation to one person, but the same criminal
proceedings are continued against the other persons, a complaint
regarding the taken decision shall be attached to the criminal
case, and such complaint shall be examined by a court
simultaneously with the trial of the criminal case. The person
directing the proceedings shall inform the submitter of the
complaint regarding such actions.
[12 March 2009]
Section 619. Procedures for
Examination of a Complaint
(1) A judge shall examine a complaint regarding the
justification for the termination of criminal proceedings in a
court hearing within one month after receipt thereof. A person
against whom the criminal proceedings have been terminated,
representative or defence counsel thereof and receiver of the
appealed decision shall be summoned to a court hearing.
(2) If the submitter of a complaint does not arrive at a court
hearing without a justified reason, examination of his or her
submitted complaint shall be terminated.
(3) A judge shall hear in a court hearing the submitter of a
complaint, the accepter of the appealed decision, and other
persons summoned to the court, examine evidence obtained in
criminal proceedings and related to examination of the complaint,
and take a decision.
[12 March 2009]
Section 620. Deciding of a Complaint
in Court
(1) A complaint shall be satisfied or recused. In satisfying
the complaint, a judge shall repeal the decision of the person
directing the proceedings and take a new decision instead of it,
terminating the criminal proceedings on the basis of
exoneration.
(2) A decision of a court may be appealed within 10 days only
for non-observance of the procedural requirements specified in
this Chapter. A complaint shall be examined by a judge of a
higher-level court in the written procedure, and the decision of
the judge shall not be subject to appeal.
[12 March 2009]
Chapter 58 Criminal Proceedings in
Private Prosecution Cases
[21 October 2010]
Section 621. Initiation of Criminal
Proceedings in Private Prosecution Cases
[21 October 2010]
Section 622. Actions of a Court
after Initiation of Criminal Proceedings
[21 October 2010]
Section 623. Preparation of a
Private Prosecution Case for Trial
[21 October 2010]
Section 624. Procedures for the
Trial of a Private Prosecution Case
[21 October 2010]
Section 625. Termination of Criminal
Proceedings in a Private Prosecution Case at a Court Hearing
[21 October 2010]
Chapter 59 Proceedings Regarding
Criminally Acquired Property
Section 626. Reasons for Initiating
Proceedings regarding Criminally Acquired Property
(1) An investigator with the consent of the supervising
prosecutor or a prosecutor has the right, in the interests of
solving the financial matters which have come about in pre-trial
criminal proceedings, in timely manner and in the interests of
the economy of proceedings, to separate the materials from a
criminal case regarding criminally acquired property and to
initiate proceedings if the following conditions exist:
1) the totality of evidence provides grounds to believe that
the property that has been removed or seized is criminally
acquired or related to a criminal offence;
2) due to objective reasons, the transferral of the criminal
case to court is not possible in the near future (in a reasonable
term), or such transferral may cause substantial unjustified
expenses.
(2) With a permission from the supervising prosecutor, the
investigator, upon terminating criminal proceedings for reasons
other than exoneration of a person, has the right to separate
from a criminal case materials on criminally acquired property
and initiate proceedings.
(3) A prosecutor has the right, upon terminating criminal
proceedings for reasons other than exoneration of a person, to
separate the materials from a criminal case regarding recognition
of property as criminally acquired for which the rights have been
registered in the public register and the entry in this register
has been amended after committing of the criminal offence, and to
initiate proceedings.
[22 June 2017; 27 September 2018]
Section 627. Procedures for the
Initiation of Proceedings Regarding Criminally Acquired
Property
(1) If the conditions referred to in Section 626 of this Law
exist, the person directing the proceedings shall take a decision
to initiate proceedings regarding criminally acquired property
and transfer the materials regarding the criminally acquired
property to a court.
(2) The person directing the proceedings shall indicate the
following in a decision:
1) information regarding facts justifying the relation of the
property to a criminal offence or the criminal origin of the
property, as well as regarding the materials that have been
separated from the criminal case regarding a criminal offence
currently in investigation into the case regarding criminally
acquired property;
2) the persons that are related to the specific property;
3) the actions with the criminally acquired property that he
or she proposes;
4) the victim, if any.
(3) A decision and the materials attached to such decision
shall be sent to a district (city) court.
(4) The case materials in proceedings regarding criminally
acquired property shall be an investigative secret, and the
person directing the proceedings, a prosecutor and a court
examining the case may get acquainted with the case. The persons
referred to in Section 628 of this Law may become acquainted with
the case materials with the permission of the person directing
the proceedings and in the amount specified thereby.
(5) The decision of the person directing the proceedings on
rejecting a request to become acquainted with the case materials
may be appealed to the district (city) court which examines
proceedings regarding criminally acquired property. The court
shall take the decision to fully or partially satisfy the
complaint, or to dismiss it. The decision shall not be subject to
appeal. For the court to decide whether becoming acquainted with
the case materials endangers the fundamental rights of other
persons, the public interests or interferes with the achievement
of the objective of criminal proceedings, the court may request
the materials of the criminal case and become acquainted with
them.
[8 July 2011; 22 June 2017; 20 June 2018]
Section 628. Informing of Persons
Related to Property
The person directing the proceedings shall immediately send a
copy of the decision referred to in Section 627 of this Law to
the person at whom the property has been removed or seized, if
such persons exist in the relevant criminal proceedings, or to
another person who has the right to the specific property,
simultaneously indicating the right to:
1) participate in proceedings regarding criminally acquired
property personally or through the intermediation of a defence
counsel or representative;
2) express his or her attitude in court, orally or in writing,
toward the taken decision;
3) submit applications to the court.
[7 October 2021]
Section 629. Court Proceedings
Regarding Criminally Acquired Property
(1) Having received a decision to initiate proceedings
regarding criminally acquired property, a judge shall:
1) determine the time and place of the court hearing;
2) summon the person directing the proceedings and a
prosecutor, if a decision has been taken by an investigator, as
well as the persons referred to in Section 628 of this Law to the
court hearing.
(2) A court hearing shall take place within 10 days after
receipt of a decision of the person directing the proceedings to
a court. Non-arrival of the summoned persons shall not be an
obstacle for taking a decision on criminally acquired property,
if the procedures for summoning such persons have been complied
with.
(3) The person directing the proceedings, a prosecutor, other
summoned and arrived persons, their representatives or defence
counsels shall be heard in a closed court hearing.
(4) During a court hearing the persons involved in court
proceedings have equal rights to submit recusations or requests,
to submit evidence, to submit written explanations to the court,
as well as to participate in examination of other matters, which
have arisen during the court proceedings.
(5) [20 June 2018]
(6) The court shall take a decision after hearing the
explanations of the participants to the case. If the court
recognises that a judgment cannot be given in the specific court
hearing, it shall determine a date when the judgment will be
drawn up and available in the Court Registry. A decision shall be
drawn up not later than within 10 days.
[12 March 2009; 21 October 2010; 8 July 2011; 24 May 2012;
judgment of the Constitutional Court of 23 May 2017; 20 June
2018; 27 September 2018; 19 November 2020]
Section 630. Court Decision on
Criminally Acquired Property
(1) In examining materials regarding criminally acquired
property, a court shall decide:
1) whether the property is criminally acquired or related to a
criminal offence;
2) whether there is information regarding the owner or lawful
possessor of the property;
3) whether a person has lawful rights to the property;
4) actions with the criminally acquired property.
(2) If a court finds that the connection of property with a
criminal offence has not been proven or the property is not of
criminal origin, such court shall take a decision to terminate
proceedings regarding the criminally acquired property.
(3) If a court takes a decision to terminate proceedings
regarding criminally acquired property in the criminal
proceedings terminated for reasons other than exoneration of a
person, it shall, in addition to that referred to in Paragraph
one of this Section, decide also upon revoking the seizure of the
property.
[12 March 2009; 21 October 2010; 22 June 2017]
Section 631. Court Decision on an
Appeal in respect of Criminally Acquired Property
(1) A court decision may be appealed within 10 days in a
regional court submitting a complaint or protest to a district
(city) court.
(2) A complaint or protest shall be examined by a court in the
composition of three judges within a term and in accordance with
the procedures laid down in Section 629 of this Law, first
hearing a submitter of a complaint or protest.
(3) In examining a complaint or protest, a court may repeal a
decision of a district (city) court and take a decision referred
to in Section 630 of this Law. The decision shall not be subject
to appeal.
[12 March 2009; 8 July 2011]
Division Twelve
Entering into Effect of a Ruling and Examination of Matters
Related to Rulings
Chapter 60 Entering into Effect,
Transferring for Execution and Procedures for Execution of
Judgments, Decisions and Penal Orders of a Prosecutor
[22 June 2017]
Section 632. Entering into Effect of
a Judgment
(1) A judgment of a court of first instance shall enter into
effect when the term for the appeal thereof has terminated in
accordance with appellate or cassation procedures, and the
judgment has not been appealed. An abridged judgment shall come
into force after the time period for submission of the request
regarding drawing up a full judgment has terminated and such
request has not been submitted.
(2) A judgment of an appellate court shall enter into effect
when the term for the appeal thereof has terminated in accordance
with cassation procedures, and the judgment has not been
appealed. If a cassation complaint or protest has been submitted,
the judgment shall enter into effect on the day when a cassation
court examined the case, if such court has not revoked the ruling
or has refused to examine the legality of a ruling.
(3) If a case has several accused, and if a judgment has been
appealed even in relation to one of such accused, a judgment
shall not enter into effect in relation to all the accused.
(4) A court decision on a security measure and regarding the
ensuring of compensation for harm or confiscation of property
included in a judgment of conviction shall enter into effect
immediately after pronouncement of the judgment.
(5) If an owner of property infringed during criminal
proceedings has appealed a judgment of a court of first instance
or appellate court in the part regarding property or a protest of
a prosecutor in the part regarding the action with criminally
acquired property has been submitted, in the remaining part the
judgment shall enter into effect.
[22 June 2017]
Section 633. Entering into Effect of
a Court Decision
(1) A decision of a court of first instance shall enter into
effect and be executed when the terms for the appeal thereof has
terminated and the decision has not been appealed.
(2) A judgment of an appellate court shall enter into effect
when the term for the appeal thereof has terminated in accordance
with cassation procedures, and the judgment has not been
appealed.
(3) A court decision to terminate a case shall be immediately
executed in the part that applies to the releasing of an accused
from a security measure related to deprivation of liberty.
(4) A decision of a cassation court shall enter into effect on
the day of the proclamation thereof, and shall not be subject to
appeal.
(5) A decision with which a convicted person is conditionally
released prior to term from the serving a sentence shall not be
subject to appeal and shall enter into effect without delay. The
court shall send the decision to the State Probation Service not
later than on the following day.
[22 June 2017]
Section 633.1 Entering
into Effect of a Prosecutor's Penal Order
A prosecutor's penal order and a prosecutor's penal order
regarding the application of a coercive measure to a legal person
shall enter into effect when the term for the appeal thereof has
terminated and it has not been appealed or if a complaint has
been rejected.
[22 June 2017]
Section 634. Transfer for Execution
of a Judgment, Decision and Prosecutor's Penal Order of a
Prosecutor
(1) A judgment and decision shall be transferred for execution
by the court that rendered the judgment, or took the decision in
the first instance, within seven days following the entering into
effect thereof or the receipt of the case from an appellate or
cassation court.
(2) A prosecutor's penal order shall be transferred for
execution by the Office of the Prosecutor that rendered it within
7 days after entering into effect of such penal order.
(3) A judgment, decision and prosecutor's penal order shall be
sent for execution together with a cover letter. If the matter
has been examined in accordance with appellate or cassation
procedures, copies of the rulings of the appellate or cassation
courts, accordingly, shall also be sent. If an application of a
specially protected victim has been received containing a request
to provide information regarding release or escape of such
convicted person from the place of imprisonment who has inflicted
harm to him or her, information regarding the application shall
be sent to the Latvian Prison Administration.
(4) A ruling or a prosecutor's penal order shall be sent
to:
1) the Latvian Prison Administration - if a temporary
deprivation of liberty has been adjudged by a court judgment and
a person is not in prison;
2) the place of imprisonment - if a custodial sentence or
temporary custodial sentence has been imposed and the person is
in prison;
3) the State Probation Service - if the custodial sentence is
applied conditionally or if community service or probationary
supervision is adjudged;
4) the institution which is competent to supervise the
conformity with the relevant limitation of rights (if any) - if
limitation of rights is applied;
5) the court on the basis of jurisdiction for initiating the
insolvency proceedings - if a liquidation has been applied for a
legal person;
6) the State Police - for the detention of a person and
sending him or her to the prison if community service or fine has
been replaced with a temporary deprivation of liberty,
probationary supervision has been replaced with deprivation of
liberty, or a custodial sentence has been imposed and the person
is not in prison.
(5) A judgment of conviction of an accused, a judgment
releasing from a sentence, and a judgment regarding a suspended
sentence in the part regarding the releasing of the accused from
a security measure related to deprivation of liberty shall be
executed immediately after pronouncement of the judgment.
(6) If a decision regarding the confiscation of criminally
acquired property that has been taken in accordance with the
procedures laid down in Chapter 59 of this Law is transferred to
a sworn bailiff for execution and if the application for
compensation regarding a harm caused to a victim has not been
submitted or satisfied, the court or prosecutor shall inform a
sworn bailiff regarding the final decision taken, assigning him
or her to transfer into the State budget the confiscated
resources or resources acquired as a result of execution of
confiscation that are deposited in a deposit account of a sworn
bailiff.
[22 June 2017; 17 December 2020 / Amendment to
Paragraph four, Clause 3 and the new wording of Paragraph four,
Clause 6 shall come into force on 1 January 2022. See Paragraph
76 of Transitional Provisions]
Section 634.1 Transfer
for Execution of Rulings of Financial Nature
(1) Sworn bailiffs shall execute rulings on:
1) confiscation of property as an additional punishment;
2) coercive measures applied to a legal person - confiscation
of property or recovery of money;
3) recovery of value of object for committing a criminal
offence;
4) recovery of procedural expenditures;
5) recovery of compensation regarding a harm caused to a
victim;
6) execution of confiscation of a criminally acquired
property, except in the cases determined in this Section;
7) recovery of value of criminally acquired property;
8) confiscation of third person property if a criminally
acquired property is alienated, destroyed, concealed or disguised
and it is not possible to confiscate it.
(2) To execute rulings referred to in Paragraph one of this
Section, except the case determined in this Paragraph, a court
shall send a writ of execution or a prosecutor shall send an
extract of a decision or penal order (hereinafter - the
enforcement document) to a sworn bailiff for execution on the
basis of the place of residence (for a legal person - its legal
address) of a person (a convicted person) or on the basis of the
location of his or her property. If a ruling on the confiscation
of a criminally acquired property has not been made in criminal
proceedings, the enforcement document regarding the recovery of
compensation for harm caused to a victim - legal person - shall
be issued to the victim on the basis of his or her request.
(3) If the place of residence (for a legal person - legal
address) of a person and the location of property are located in
the territory of operation of different regional courts, the
enforcement document shall be sent to a sworn bailiff for
execution on the basis of the location of property. If the
property is located in the territory of operation of several
regional courts, as many enforcement documents as is the number
of regional courts in the territory of operation of which the
property is located shall be prepared and sent to sworn bailiffs
for execution on the basis of the location of property.
(4) If a confiscation of criminally acquired property is
applied, the enforcement document shall be sent to a sworn
bailiff for execution on the basis of the location of property.
If both movable and immovable property, intangible property or
financial resources are confiscated within one ruling, the
enforcement document shall be sent to a sworn bailiff for
execution on the basis of the location of movable or immovable
property.
(5) The enforcement document in a part regarding the
confiscation of a criminally acquired property shall be sent to
the State Revenue Service if:
1) criminal proceedings are completed and the application for
compensation regarding a harm caused to a victim has not been
submitted or satisfied within it;
2) criminal proceedings are completed and only an application
for compensation regarding a harm caused to a State as a victim
has been satisfied;
3) a decision regarding the confiscation of criminally
acquired property has been taken in accordance with the
procedures laid down in Chapter 59 of this Law and a victim in
criminal proceedings has not requested a compensation for harm or
the only requester of a compensation for harm caused to a victim
is the State.
(6) If a decision on the confiscation of criminally acquired
property that has been taken in accordance with the procedures
laid down in Chapter 59 of this Law is transferred to a sworn
bailiff for execution and if an application for compensation
regarding a harm caused to a victim has been satisfied in the
final ruling, the court shall send a writ of execution in a part
regarding the recovery of a compensation for harm caused to a
victim to a sworn bailiff to whom the decision on the
confiscation of criminally acquired property has been
transferred.
(7) A writ of execution shall be written out by a regional
(city) court which has made ruling in accordance with the
procedures laid down in Chapter 59 of this Law or by a court of
first instance. The writ of execution shall be sent for execution
together with an extract of a decision or protocol on the seizure
of a property, if such protocol has been drawn up. The following
shall be indicated in a writ of execution:
1) the name of the court which has issued the writ of
execution;
2) the case in which the writ of execution has been
issued;
3) the time when the ruling was rendered;
4) the operative part of the ruling;
5) the time when the ruling enters into effect, or an
indication that the ruling shall be enforced without a delay;
6) in which part a ruling shall be executed;
7) the identifying data of such person against whom recovery
is to be directed or whose property is to be confiscated, the
address of the place of residence of such person, but for a legal
person - its name, registration number, and legal address;
8) the identifying data and the address of the place of
residence, and also the account number and details of a credit
institution (financial institution) of a victim whose
compensation for harm is satisfied, but for a legal person - its
name, registration number, and legal address, and also the
account number and details of a credit institution (financial
institution) indicated by it;
9) information regarding a victim's application for
compensation of harm in criminal proceedings that are not
completed;
10) information regarding transferring of a ruling to several
sworn bailiffs for execution concurrently;
11) time of issuing the writ of execution.
(8) If several rulings referred to in Paragraph one of this
Section are included in one judgment, a court shall write out a
separate writ of execution for execution of each ruling.
(9) An extract of a prosecutor's decision or penal order shall
be sent for execution together with a cover letter and an extract
of a decision or protocol on the seizure of a property, if such
protocol has been drawn up. The following shall be indicated in a
cover letter:
1) the identifying data and the address of the place of
residence of such person against whom recovery is to be directed
or whose property is to be confiscated, but for a legal person -
its name, registration number, and legal address;
2) information regarding transferring of a ruling to several
sworn bailiffs for execution concurrently;
3) time when the decision or penal order of a prosecutor shall
enter into effect.
(10) By sending a writ of execution regarding the recovery of
compensation for harm for the benefit of the victim to a sworn
court bailiff for execution in the cases determined in this
Section, the court shall inform the victim thereof.
(11) Ruling on the confiscation of property as an additional
punishment or as a coercive measure, as well as ruling on the
compensation for harm to be recovered for the benefit of the
victim or on the recovery of value of object for committing a
criminal offence shall be executed in accordance with the
procedures laid down in the Civil Procedure Law.
(12) Ruling on the confiscation of criminally acquired
property shall be executed in accordance with the procedures laid
down in the Law on Execution of Confiscation of Criminally
Acquired Property or laws and regulations governing actions with
the property under the State jurisdiction. Ruling on the recovery
of value of criminally acquired property or on the confiscation
of the property of third person, if the criminally acquired
property is alienated, destroyed, concealed or disguised and it
is not possible to confiscate it, shall be executed in accordance
with the procedures laid down in the Civil Procedure Law.
(13) If this Law provides for a time period for voluntary
execution of the ruling, it shall be sent for execution after the
term for voluntary execution has expired.
[22 June 2017; 7 October 2021]
Section 634.2 Search for
the Convicted Person
(1) If a convicted person is hiding and the whereabouts
thereof are unknown or if the convicted person does not arrive to
serve temporary deprivation of liberty, a judge of the court
which controls the complete execution of a judgment or decision,
or a court which decides on the replacement of punishment with
deprivation of liberty shall take the decision to search for the
convicted person. A decision on search for the convicted person
shall be taken in a written procedure. Such decision shall not be
subject to appeal.
(2) The decision on a search for a convicted person shall be
transferred for execution to the body performing operational
activities according to the competence thereof.
[22 June 2017; 11 June 2020]
Section 635. Procedures for the
Execution of a Decision to Determine Compulsory Measures of a
Medical Nature
(1) A court decision to determine compulsory measures of a
medical nature shall be sent for execution to the medical
treatment institution together with a copy of the findings of the
expert-examination. The decision to determine compulsory measures
of a medical nature shall be executed immediately after entering
into effect thereof.
(2) If six months have passed since the day when a decision to
determine the compulsory measures of a medical nature provided
for in Section 68, Paragraph one, Clause 1 of the Criminal Law
has entered into effect, and the execution of the decision has
not yet been commenced in such term, treatment of the respective
person shall be deferred without the consent thereof until
receipt of the findings of the physician - specialist.
(3) If six months have passed since the day when a decision to
determine the compulsory measures of a medical nature provided
for in Section 68, Paragraph one, Clauses 2 and 3 of the Criminal
Law has entered into effect, and the execution of the decision
has not yet been commenced in such term, the respective person
may be placed in a hospital, but treatment without the consent
thereof shall be deferred until receipt of the findings of the
physician - specialist.
(4) The treatment of a person may be commenced if a physician
- specialist or a commission of physicians provides findings that
the person has not been cured, the health condition thereof has
not substantially changed, and the determination of compulsory
treatment is necessary.
(5) If a physician - specialist or a commission of physicians
finds that the person has been cured or that his or her health
condition has changed to such an extent that compulsory treatment
is not necessary, or, in the case referred to in Paragraph three
of this Section, compulsory outpatient treatment may be
performed, the matter regarding revocation or modification of a
specified compulsory measure of a medical nature shall be
examined in accordance with the procedures laid down in Section
607 of this Law.
(6) If a person for whom a compulsory measure of a medical
nature has been specified does not arrive at a medical treatment
institution or his or her location is not known, the judge of the
court which controls execution of the decision shall take a
decision on search for the person for whom a compulsory measure
of a medical nature has been specified. The decision on search
for the person for whom a compulsory measure of a medical nature
has been specified shall be taken in the written procedure and
shall be transferred for execution to the body performing
operational activities according to the competence thereof. The
decision shall not be subject to appeal.
[22 June 2017; 11 June 2020]
Section 636. Procedures for
Execution of a Prosecutor's Penal Order
(1) The prosecutor may postpone the payment for the recovery
of fine or money or divide it in instalments in accordance with
that specified in the Criminal Law, if the person who has been
applied the fine or coercive measure by a prosecutor's penal
order is unable to pay it within 30 days and has submitted a
reasoned request for postponing the payment for the recovery of
fine or money or division thereof in instalments.
(2) If a fine or recovery of money is not paid within 30 days
after entering into effect of a prosecutor's penal order or if
payment for the recovery of fine or money has not been made in
the term which had been specified by dividing or suspending the
payment of the fine or recovery of money, a prosecutor shall
initiate to the district (city) court, in the territory of
operation of which the Office of the Prosecutor is located, to
decide the matter regarding substitution of a fine in accordance
with that specified in the Criminal Law, and shall send the
unpaid recovery of money for compulsory execution.
[22 June 2017]
Section 637. Notification to the
Immediate Family of a Convicted Person of the Place of the
Serving the Sentence
After a judgment has entered into effect with which
deprivation of liberty has been imposed on a convicted person,
the administration of the prison shall ensure the possibility to
immediately inform the immediate family thereof or other persons
on the basis of the choice of the convicted person of the place
of the serving the sentence.
[22 June 2017]
Section 638. Deferral of Enforcement
of a Court Ruling
(1) If deprivation of liberty has been imposed, a judge of the
court in which the case is examined in the first instance may,
upon a submission of an accused, defer the execution of the
judgment in the following cases:
1) if the convicted person has fallen ill with a serious
illness that hinders the serving of the sentence - until he or
she has recovered;
2) if the convicted person is pregnant at the moment of the
execution of a judgment - for a term not longer than one
year;
3) if the convicted person has a juvenile children - for a
term until the child reaches three years of age;
4) if the immediate serving of a sentence may cause
particularly serious consequences for the convicted person or his
or her family in connection with a fire or other natural
disaster, or the serious illness or death of the only member of
the family with the ability to work, and other exceptional cases
- for the term specified by the court, but not longer than three
months.
(2) If deprivation of liberty has been applied, the execution
of a judgment may not be deferred for persons who have been
convicted for a serious or especially serious crime.
(3) Payment of the fine or recovery of money may be postponed
or divided in instalments payable over a time period of up to one
year, if the person on whom the fine or coercive measure has been
imposed is unable to pay it within 30 days and he or she has
submitted a reasoned request for postponing the payment for the
fine or recovery of money or division thereof in instalments.
(4) The payment of the compensation disbursed by the State may
be deferred, or divided into periods, for a period of up to one
year, if the convicted person cannot pay it within 30 days and he
or she has submitted a reasoned request for deferring the payment
of the compensation disbursed by the State or division thereof
into periods.
(5) A judge of the court of first instance shall examine the
matter on deferring the execution of a judgment in a written
procedure. A decision may be appealed within 10 days. A judge of
a higher level court shall examine the complaint in the written
procedure, and his or her decision shall not be subject to
appeal.
[22 June 2017; 27 September 2018; 11 June 2020; 19 November
2020]
Section 639. Control of Enforcement
of a Ruling and Prosecutor's Penal Order
(1) Complete execution of a ruling shall be controlled by the
court of first instance. Institution that executes a ruling shall
immediately notify the court of the execution of the ruling.
(2) Enforcement of a prosecutor's penal order shall be
controlled by the office of the prosecutor. The institution that
executed the sentence or coercive measure determined in the
prosecutor's penal order shall immediately inform the Office of
the Prosecutor that issued the penal order regarding the
execution thereof.
(3) If the execution of ruling in part regarding the
compensation for harm to be recovered for the benefit of the
victim is not possible, the sworn bailiff shall notify the court
and victim thereof.
[22 June 2017]
Chapter 61 Examination of Matters
that have Arisen during the Execution of Judgments and
Decisions
Section 640. Release from Serving of
Sentence Due to Illness
(1) If a convicted person has fallen ill with mental
disturbances and therefore he or she may not be located in a
place of imprisonment and medical treatment is necessary for him
or her, a judge may, on the basis of the findings of an
expert-examination, release the convicted person from the serving
the sentence, determining treatment for such person.
(2) If the person referred to in Paragraph one of this Section
is not dangerous to society on the basis of the nature of a
committed offence and his or her mental condition, a court may
place him or her under the care of member of the immediate family
or other persons who will nurse the patient, and under the
supervision of a medical treatment institution on the basis of
his or her place of residence.
(3) If, during the period of serving a sentence, a convicted
person on whom a non-custodial sentence has been imposed falls
ill with mental disturbances, a judge may take the decision to
release him or her from serving the sentence.
(4) If a convicted person falls ill with a serious illness
that is not mental disturbances, a judge may take the decision to
release him or her from serving the sentence, taking into account
the nature of the committed criminal offence, the character of
the convicted person, and other circumstances.
(5) In releasing a convicted person from serving the sentence
in connection with an illness, a court may release him or her not
only from the basic sentence, but also from an additional
punishment, indicating such release in the decision.
[12 March 2009; 11 June 2020]
Section 641. Revocation of a
Suspended Sentence or Extending of a Probationary Supervision
Period
The judge of a district (city) court according to the place of
residence of a convicted person, on the basis of a submission of
the State Probation Service, in the cases specified in the
Criminal Law may take the decision to execute the sentence
imposed under the judgment for a person who has been convicted
conditionally, or to extend the term of probation up to one year.
The submission shall be examined without requesting the criminal
case file.
[16 October 2014; 19 November 2020]
Section 642. Reduction of Sentence
in Exceptional Cases
If a convicted person has assisted in the disclosure of a
crime that is the same seriousness, more serious or more
dangerous than the criminal offence committed by him or her, a
judge of the court whose judgment convicted such persons may, on
the basis of a submission of the Prosecutor General, reduce the
sentence of such convicted person in accordance with the
provisions of Section 60 of the Criminal Law. If the submission
is examined in the oral procedure, it shall be examined in a
closed court hearing.
[12 March 2009; 19 November 2020]
Section 643. Conditional Early
Release from Serving a Sentence
(1) In accordance with Section 61 or Section 65, Paragraph
three or Paragraph 3.1 of the Criminal Law, a
convicted person shall be conditionally released early from
serving a custodial sentence by a judge of the district (city)
court according to the place where the sentence is served, if a
submission of the prison has been received.
(2) The submission shall be examined without requesting the
criminal case file.
(3) If a judge rejects a submission, it may be resubmitted
after four months. If the request indicated in the application is
satisfied, a judge shall additionally indicate information
regarding the sentence execution institution and arrival deadline
in the ruling.
(4) If a person who has been conditionally released early from
serving the sentence does not fulfil the obligations laid down in
the law governing the execution of criminal sentences or
stipulated by the State Probation Service without a justified
reason, the judge of the district (city) court according to the
place of residence of the convicted person may, on the basis of a
submission of the State Probation Service, take the decision to
execute the part of unserved sentence.
(5) If a person who has been conditionally released early from
serving the sentence and who has been applied electronic
monitoring does not fulfil the obligations related to electronic
monitoring laid down in the law governing the execution of
criminal sentences without a justified reason, revokes his or her
consent to electronic monitoring or implementation of electronic
monitoring is not possible anymore in the conditions in which he
or she lives, the judge of the district (city) court according to
the place of residence of the convicted person may, on the basis
of a submission of the State Probation Service, take the decision
to execute the part of unserved sentence.
(6) If a person who has been conditionally released early from
serving a sentence and who has been applied electronic
monitoring, has, in exemplary manner, fulfilled the obligations
provided for in the law governing the execution of criminal
sentences or stipulated by the State Probation Service and the
term laid down in Section 61, Paragraph three of this Law has set
in, according to which conditional early release from serving the
sentence is possible without determination of electronic
monitoring, the judge of the district (city) court according to
the place of residence of the convicted person may, on the basis
of a submission of the State Probation Service, take the decision
to revoke electronic monitoring.
[16 October 2014; 27 September 2018; 19 November
2020]
Section 644. Substitution or
Revocation of Police Supervision
(1) If a person to whom police supervision has been applied
violates the provisions thereof in bad faith, the judge of the
district (city) court according to the place of residence of the
convicted person may, on the basis of a submission of a police
institution and in the cases specified in the Criminal Law,
substitute the term of the sentence not served with
imprisonment.
(2) In accordance with that specified in the Criminal Law, a
judge of the district (city) court according to the place of
residence of the convicted person may reduce the term of police
supervision or revoke such supervision, if a justified submission
of a police institution has been received.
(3) [12 March 2009]
[12 March 2009; 16 June 2009; 16 October 2014; 27 September
2018]
Section 644.1
Substitution or Revocation of Probationary Supervision
(1) If a person upon whom probationary supervision has been
imposed by a court judgment or prosecutor's penal order does not
fulfil the obligations provided for in the law governing the
execution of criminal punishments or stipulated by the sentence
execution institution without a justified reason, a judge of a
district (city) court according to the place of residence of such
person may, on the basis of a submission of the State Probation
Service, substitute the unserved term of sentence with
deprivation of liberty in accordance with that laid down in the
Criminal Law.
(2) If a submission of the State Probation Service has been
received, a judge of a district (city) court according to the
place of residence of such person on whom probationary
supervision has been imposed by a court judgment or prosecutor's
penal order may reduce the probationary supervision period or
revoke probationary supervision in accordance with that laid down
in the Criminal Law.
(3) If probationary supervision has been imposed on a minor by
a court judgment or prosecutor's penal order, a judge of a
district (city) court according to the place of residence of the
minor may, on the basis of a submission of the State Probation
Service, take the decision to place the minor in a social
correctional educational institution in accordance with that laid
down in the Criminal Law.
(4) If a minor upon whom probationary supervision has been
imposed by a court judgment or prosecutor's penal order or for
whom community service has been substituted with probationary
supervision does not fulfil the obligations provided for in the
law governing the execution of criminal punishments or stipulated
by the sentence execution institution without a justified reason,
a judge of a district (city) court according to the place of
residence of the minor may, on the basis of a submission of the
State Probation Service, substitute the unserved term of sentence
with deprivation of liberty in accordance with that laid down in
the Criminal Law.
[8 July 2011; 17 December 2020 / Amendments to the
Section regarding probationary supervision as a basic punishment
and the replacement of the term "community service" with the term
"community service (compulsory measure)" shall come into force on
1 January 2022. See Paragraph 76 of Transitional
Provisions]
Section 645. Issues Related to
Execution of a Fine and Money Recovery
(1) If a fine or recovery of money is not paid within 30 days
after entering into effect of a ruling or if payment for the fine
or recovery of money has not been made by the deadline which had
been specified by dividing or suspending the payment of the fine
or recovery of money, a judge shall substitute the fine with that
specified in accordance with the Criminal Law, or, if the
recovery of money is imposed on a legal person - the court shall
send the ruling on a coercive measure for compulsory
execution.
(2) If a fine is paid while a convicted person serves a
custodial sentence in place thereof, he or she shall be released
immediately.
(3) If, during the term when a convicted person serves a
custodial sentence, in place of a fine, part of the fine is paid,
a judge shall reduce the duration of imprisonment in accordance
with the paid part of the fine.
(4) [16 June 2009]
[29 June 2008; 16 June 2009; 20 December 2012; 22 June
2017; 19 November 2020]
Section 646. Substitution of
Community Service
(1) If a person who has been convicted with community service
or for whom community service has been imposed by the
prosecutor's penal order does not fulfil it without a justified
reason, the judge shall substitute the community service with
temporary deprivation of liberty in accordance with that laid
down in the Criminal Law.
(2) If a minor who has been convicted with community service
or for whom community service has been imposed by the
prosecutor's penal order does not fulfil it without a justified
reason, the judge shall substitute the community service with
probationary supervision in accordance with that laid down in the
Criminal Law.
[17 December 2020 / Amendments to the Section
regarding probationary supervision as a basic punishment and the
replacement of the term "community service" with the term
"community service (compulsory measure)" shall come into force on
1 January 2022. See Paragraph 76 of Transitional
Provisions]
Section 647. Execution of a Sentence
after Application of Compulsory Measures of a Correctional
Nature
(1) If a minor who has been released from an imposed sentence
and on whom a compulsory measure of a correctional nature has
been imposed does not fulfil the duties imposed by a court, the
sentence imposed on such minor shall be executed.
(2) A matter regarding the execution of a sentence shall be
decided by the district (city) court judge according to the place
of residence of the minor.
[12 March 2009]
Section 648. Inclusion of Time Spent
in a Medical Treatment Institution in the Term of Sentence
If a convicted person who is serving a custodial sentence is
placed in a medical treatment institution, the time spent in such
institution shall be included in the term of the sentence.
[20 December 2012]
Section 649. Execution of a Judgment
or Penal Order of the Prosecutor, if Several Judgments or Penal
Orders of the Prosecutor Exist
(1) If several judgments or penal orders of the prosecutor
exist in relation to a convicted person, a judge of the court
that rendered the last judgment in the first instance or a judge
of a district (city) court according to the place of the
execution of the penal order of the prosecutor, shall, on the
basis of a submission of the institution or prosecutor that
executed the judgment, take a decision in accordance with that
laid down in the Criminal Law in the written procedure, to
determine a final sentence on the basis of the totality of such
judgments or penal orders of the prosecutor.
(2) Having received the submission referred to in Paragraph
one of this Section, the judge shall inform the convicted person
and the prosecutor regarding the right to apply an objection to
the judge within 10 days from the day of receipt of a
notification, to submit an opinion on the sentence to be
determined, and also the day of availability of the decision.
(3) A decision may be appealed within 10 days. Submitting of a
complaint shall not suspend the execution of the decision. A
judge of higher-level court shall examine a complaint in a
written procedure according to the materials present in the case,
and a decision thereof shall not be subject to appeal.
[8 July 2011; 30 March 2017; 27 September 2018; 11 June
2020]
Section 649.1 Execution
of a Ruling on the Determination of Compulsory Measures of a
Medical Nature in Case of Several Rulings
(1) If there are several rulings on the determination of
compulsory measures of a medical nature in relation to a person,
the court, which rendered the last ruling in the first instance,
shall take a decision to determine the final compulsory measure
of a medical nature in accordance with the laid down in the
Criminal Law.
(2) Issues, which are related to execution and control of the
compulsory measures of a medical nature specified in the ruling,
as well as uncertainties arising upon executing a court decision,
shall be decided by the judge of such court of first instance,
which made the ruling on determination of the final compulsory
measure of a medical nature, upon a submission of the executing
authority or prosecutor.
[22 June 2017]
Section 650. Courts that Decide
Matters Related to the Execution of a Judgment and Decision
(1) Matters that are related to the execution of a sentence
determined in a judgment, as well as doubts and uncertainties
that arise in the execution of a court ruling, shall be decided,
on the basis of a submission of the executing authority or
prosecutor, by a judge of the court of first instance that has
made the ruling, except the cases referred to in Sections 638,
642, and 647 of this Law.
(2) If a ruling is being executed outside of the region of
operation of the court that has made the ruling, the matters
referred to in Paragraph one of this Law shall be decided, by a
judge of a court of the same level in the region of operation of
which the convicted person is serving the sentence.
[12 March 2009; 29 May 2014]
Section 651. Procedures for the
Deciding of Matters Related to the Execution of a Judgment and a
Decision
(1) Matters related to the execution of a ruling shall, as
soon as possible, be decided by a judge in a written
procedure.
(11) A judge shall indicate in the notification
regarding examination of the matter in a written procedure the
right of a prosecutor, the convicted person, and the
representative of such institution which is responsible for the
execution of the ruling to request removal of a judge within 10
days, to submit objections against deciding of the matter in a
written procedure, to submit a view regarding the matter to be
decided, as well as indicate the day when the decision will be
available. If the matter is examined in a written procedure, the
prosecutor and the convicted person for whom the rights provided
for in Section 74.2 of this Law are ensured, as well
as the representative of such institution which is responsible
for the execution of the ruling shall participated in the court
hearing. In the case of the unjustified non-attendance of the
convicted person the matter may be decided upon without his or
her presence.
(2) If a judge examines a matter regarding the releasing of a
convicted person from the serving a sentence due to illness or
disability, as well as a matter regarding the placing of a
released person under the trusteeship of medical treatment
institutions, a representative of the commission of physicians
that provided the findings must participate in the court
hearing.
(3) If a judge examines matters related to the execution of a
sentence, a representative of the institution that supervises the
execution of the sentence, or controls the behaviour of a person
who has been convicted conditionally, shall be summoned to the
court hearing. In deciding a matter regarding suspending of the
execution of the judgment, only a convicted person shall be
summoned.
(4) If persons who have sent a submission or expressed a
request do not arrive to a court hearing, without a justified
reason, examination of the case shall be deferred.
(5) A judge shall open a court hearing and notify what case is
being examined, and then examine whether the summoned persons
have arrived for the court hearing, and decide the matter
regarding recusal of a judge, prosecutor and regarding the
possibility to examine a case in the absence of persons summoned
to the court hearing.
(6) Examination of a case shall commence with the reading of a
submission or request, which shall be performed by the submitter.
After such reading, the court shall hear the views of the
prosecutor and other persons. The convicted person and his or her
defence counsel shall speak last. Then the judge shall take a
decision in the deliberation room.
(7) All decisions that have been taken in the matters in
accordance with the procedures laid down in this Section, except
in the case provided for in Section 633, Paragraph five of this
Law, may be appealed within 10 days. The decisions provided for
in Section 643 of this Law may be appealed only for
non-observance of the procedural requirements specified in this
Section. The submission of a complaint shall not suspend the
execution of the decision. A judge of higher-level court shall
examine a complaint in the written procedure according to the
materials present in the case, and a decision thereof shall not
be subject to appeal.
(8) Having received withdrawal of a submission or expressed
request, a judge shall decide on termination of the case. If the
case is terminated, it shall be notified to the submitter of the
submission or request. If the submission is withdrawn in writing,
a decision may be taken in a manner of resolution. A decision
shall not be subject to appeal.
[12 March 2009; 21 October 2010; 8 July 2011; 29 May 2014;
16 October 2014; 30 March 2017; 11 June 2020]
Section 652. Procedures for the
Deciding of Matters Related to the Execution of a Punishment
Imposed in the Penal Order of a Prosecutor
(1) Matters that are related to the execution of a punishment
imposed in the prosecutor's penal order, as well as uncertainties
that arise in executing such punishment, shall be decided, in
accordance with the procedures laid down in this Chapter, by a
chief prosecutor, but matters regarding the issue of replacement
of a sentence, reduction of the probationary supervision period
or revocation of probationary supervision, or release from
serving a sentence in cases provided for in the law - by the
judge of a district (city) court according to the place of
residence of the convicted person.
(2) A decision of a chief prosecutor shall not be subject to
appeal.
[19 January 2006; 12 March 2009; 21 October 2010; 8 July
2011; 29 May 2014; 18 February 2016; 7 January 2021]
Section 653. Procedures for the
Removal of a Conviction
(1) Matters regarding the removal of a conviction shall be
examined by a judge of the district (city) court according to the
place of residence of the person who has served a sentence, if a
request of such person, or the defence counsel or lawful
representative thereof, has been received.
(2) A court shall notify a prosecutor regarding a received
request.
(3) If the matter is examined in the oral procedure, the
participation in a court hearing of the person in relation to
whom a request regarding removal of conviction is being examined
is mandatory. Such person has the right to defence. The
non-arrival of the prosecutor to the court hearing shall not be
an impediment to examination of the matter regarding removal of
conviction. Examination of a matter regarding removal of
conviction shall commence with the reading of a request.
Following such reading, a judge shall hear the views of summoned
persons and take a decision in the deliberation room.
(4) [19 November 2020]
(5) If a request regarding the removal of a conviction has
been rejected, such request may be resubmitted not earlier than
six months after the day when the decision was taken on rejection
of such request.
(6) A court decision in a matter on removal of a conviction
may be appealed on regarding the non-observance of the procedural
requirements specified in this Section.
[19 November 2020]
Section 654. Appeal of Decisions of
Administrative Commissions of Prisons
[16 October 2014]
Division Thirteen
Examination De novo of Valid Rulings
Chapter 62 Renewal of Criminal
Proceedings in connection with Newly Disclosed Circumstances
Section 655. Grounds for the Renewal
of Criminal Proceedings in connection with Newly Disclosed
Circumstances
(1) Criminal proceedings wherein a valid court judgment or
decision, or prosecutor's penal order, exists may be renewed in
connection with newly disclosed circumstances.
(2) The following circumstances shall be recognised as newly
disclosed:
1) false testimony knowingly provided by a victim or witness,
false findings or a translation knowingly provided by an expert,
forged material evidence, forged decisions, or forged minutes of
an investigation or court operations, as well as other forged
evidence that has been the grounds for the making of an unlawful
ruling has been recognised by a valid court judgment or
prosecutor's penal order;
2) criminal maliciousness by a judge, prosecutor, or
investigator that has been the grounds for the making of an
unlawful ruling has been recognised by a valid court judgment or
prosecutor's penal order;
3) other circumstances that were not known to a court or
prosecutor in making a ruling, and which, on their own or
together with previously established circumstances, indicate that
a person is not guilty or has committed a lesser or more serious
criminal offence than the offence for which he or she has been
convicted or he or she has been applied a prosecutor's penal
order, or which testify regarding the guilt of an acquitted
person or a person in relation to whom criminal proceedings have
been terminated;
4) findings of the Constitutional Court regarding the
non-conformity of legal norms, or an interpretation thereof, to
the Constitution, on the basis of which a ruling has entered into
effect;
5) the findings of an international judicial authority
regarding the fact that a ruling of Latvia that has entered into
effect does not comply with the international laws and
regulations binding to Latvia.
(3) If the rendering of a judgment is not possible due to the
fact that a limitation period has entered into effect, an act of
amnesty has been issued, individual persons have been granted
clemency, or an accused has died, the existence of the newly
disclosed circumstances referred to in Paragraph two, Clauses 1
and 2 of this Section shall be determined by an investigation,
which shall be performed in accordance with the procedures
provided for in this Section.
[21 October 2010; 20 December 2012]
Section 656. Terms for the Renewal
of Criminal Proceedings in connection with Newly Disclosed
Circumstances
(1) Examination de novo of a judgment of acquittal or a
decision to terminate criminal proceedings shall be permitted
only during the limitation period of criminal liability specified
in the Law, and not later than one year from the day of the
determination of the newly disclosed circumstances.
(2) If criminal proceedings have been terminated with a
judgment of conviction, then, in disclosing circumstances that
indicate that a specific person has committed a more serious
criminal offence than the offence regarding which such person has
been convicted, criminal proceedings may be renewed during the
limitation period specified for the more serious criminal
offence.
(3) Examination de novo of a judgment of conviction in
relation to newly disclosed circumstances that benefit a
convicted person shall not be restricted by a term.
(4) The death of a convicted person shall not be an impediment
to the renewal of criminal proceedings in a case in order to
exonerate such person.
(5) The day of the determination the newly disclosed
circumstances shall be recognised as:
1) the day when the relevant ruling entered into effect, in
the cases determined in Section 655, Paragraph two, Clauses 1 and
2 of this Law;
2) the day when the prosecutor took a decision to commence
proceedings for investigation of the newly disclosed
circumstances, in the cases provided for in Section 655,
Paragraph two, Clause 3 of this Law.
[20 December 2012; 30 March 2017]
Section 657. Proceedings for
Investigation of Newly Disclosed Circumstances
(1) A reason for commencement of investigation of newly
disclosed circumstances shall be an application of the person
involved in the criminal proceedings, whose rights or lawful
interests were infringed in the criminal proceedings, or of his
or her representative, and also the information obtained in the
course of other criminal proceedings provided that there are
grounds laid down in Section 655, Paragraph two of this Law. The
application shall be submitted to an Office of the Prosecutor
according to the location of examination of the initial criminal
proceedings.
(2) Proceedings for investigation of newly disclosed
circumstances may not be carried out by a prosecutor who has
carried out investigative actions, investigatory supervision,
criminal prosecution or has participated in examination of a
criminal case in a court of any instance.
(3) The following shall be indicated in an application
regarding newly disclosed circumstances:
1) the number of the criminal proceedings in respect of which
the application is submitted;
2) the circumstance provided for in Section 655, Paragraph two
of this Law and the essence thereof;
3) the information on which newly disclosed circumstances are
based on;
4) the reason why evidence was not submitted or examined in
criminal proceedings;
5) what decisive significance has newly disclosed
circumstances in respect of the valid ruling in the criminal
proceedings;
6) the request of the applicant.
(4) If the information specified in Paragraph three of this
Section is not included in the application or the content of the
application in respect of newly disclosed circumstances indicated
in the application already examined has not changed on the
merits, a prosecutor shall take a decision to leave the
application without examination and notify the applicant thereof.
The decision shall not be subject to appeal.
(5) If the information indicated in Paragraph three of this
Section is included in the application or the information is
obtained in the course of other criminal proceedings, a
prosecutor shall take a decision to commence proceedings for
examination of newly disclosed circumstances by writing it in the
form of resolution, and perform investigation by complying with
the provisions of this Law regarding pre-trial criminal
proceedings, and notify the applicant thereof. The decision shall
not be subject to appeal.
(6) If after completion of investigation of newly disclosed
circumstances a prosecutor recognises that there are grounds to
decide on the revocation of the valid ruling in criminal
proceedings, he or she shall take a decision to transfer the
application together with the criminal case and materials
obtained when investigating newly disclosed circumstances for
examination to the Supreme Court, but if a prosecutor's penal
order has been applied to the person - to the Office of the
Prosecutor General. The decision shall not be subject to
appeal.
(7) If following an investigation of newly disclosed
circumstances a prosecutor does not find grounds for revocation
of a ruling due to such circumstances, he or she shall take a
reasoned decision to refuse the application. The prosecutor shall
send a copy of the decision to the applicant explaining his or
her rights to appeal the decision to the district (city) court
within 10 days from the day of receipt thereof, but if a
prosecutor's penal order has been applied to the person - to a
higher-ranking prosecutor.
(8) A judge shall examine the complaint in a written procedure
and take a decision to transfer the application together with the
criminal case and materials obtained when investigating newly
disclosed circumstances for examination to the Supreme Court, but
if there are grounds to decide to revoke the valid ruling in
criminal proceedings, or to refuse the complaint if there are no
grounds to decide to revoke such ruling. The decision of the
judge shall not be subject to appeal.
(9) If a higher-ranking prosecutor, when examining the
complaint, detects that there are grounds to revoke a
prosecutor's penal order which has come into effect in criminal
proceedings, he or she shall take a decision to transfer the
application together with the criminal case and materials
obtained when investigating newly disclosed circumstances for
examination to the Office of the Prosecutor General. If a
higher-ranking prosecutor does not detect such grounds, he or she
shall take a decision to refuse the complaint. The decision of a
higher-ranking prosecutor shall not be subject to appeal.
[30 March 2017]
Section 658. Actions of a Prosecutor
following the Completion of an Investigation of Newly Disclosed
Circumstances
[30 March 2017]
Section 658.1 Procedures
for Examination of Cases by the Office of the Prosecutor General
in Relation to Newly Disclosed Circumstances
(1) An application, a decision of a prosecutor and the
submitted materials shall be examined by the chief prosecutor of
the Criminal Justice Department of the Office of the Prosecutor
General or the Prosecutor General and one of the following
decisions shall be taken:
1) to revoke the prosecutor's penal order and to fully or in
any party renew the criminal proceedings in relation to newly
disclosed circumstances;
2) to revoke the prosecutor's penal order and to revoke the
criminal proceedings;
3) to refuse the application.
(2) A decision of the chief prosecutor of the Criminal Justice
Department of the Office of the Prosecutor General or the
Prosecutor General shall not be subject to appeal.
(3) After renewal of the criminal proceedings they shall be
continued in conformity with the conditions of this Law regarding
pre-trial criminal proceedings.
[20 December 2012; 30 March 2017]
Section 659. Composition of the
Supreme Court that Examines a Case in Relation to Newly Disclosed
Circumstances
An application and a decision of the judge and prosecutor, and
also the submitted materials shall be examined:
1) regarding a case in which a ruling has been made by a court
of first instance or an appellate court - by the judge of the
Supreme Court;
2) regarding a case in which a decision has been taken by the
cassation court - five judges of the Supreme Court who have not
previously participated in examination of such criminal case.
[30 March 2017]
Section 660. Procedures by which the
Supreme Court Examines a Case in Relation to Newly Disclosed
Circumstances
(1) Upon receipt of an application and decision of the judge
or prosecutor, and also a criminal case and materials obtained
when investigating newly disclosed circumstances, the judge of
the Supreme Court shall determine the time and place for
examination of the case. The persons whose rights or lawful
interests are infringed by the application shall be notified
thereof by explaining their rights to participate in the court
hearing. A convicted person who is in a place of deprivation of
liberty, if he or she is not the submitter of the application,
shall be sent a copy of the application or decision of the judge
or prosecutor by informing the convicted person regarding his or
her right to request that he or she is provided with an
opportunity to participate in the court hearing.
(2) The participation of a prosecutor in the court hearing is
mandatory.
(3) The non-attendance of a person whose rights or lawful
interests are infringed by the application and decision of the
judge or prosecutor, shall not be an impediment to examination of
the case.
(4) Examination of the case shall take place according to the
procedures laid down for examination of cases in a cassation
court in oral procedure, except that laid down in this
Paragraph:
1) a judge shall present an account outlining the
circumstances of the case which relate to the application and
decision of the judge or prosecutor;
2) after the report of the judge the prosecutor shall justify
the decision or express an opinion on the application;
3) after the report of the judge the applicant or
representative of the applicant shall justify the application if
he or she participates in the court hearing.
(5) The court shall take one of the following decisions:
1) to revoke the court ruling completely or in part thereof,
renew criminal proceedings according to the revoked extent in
relation to newly disclosed circumstances and send the case to
the Office of the Prosecutor;
2) to revoke the court ruling completely or in part thereof,
renew criminal proceedings according to the revoked extent in
relation to newly disclosed circumstances and send the case to
the court of the relevant instance for examination de novo;
3) to refuse the application;
4) terminate court proceedings.
[30 March 2017; 27 September 2018]
Section 661. Procedures if Criminal
Proceedings have been Renewed in Relation to Newly Disclosed
Circumstances
(1) Following renewal of criminal proceedings in connection
with newly disclosed circumstances, pre-trial proceedings,
examination of the case, and appeal of a court ruling shall take
place in accordance with general procedures.
(2) In examining a criminal case in which a judgment has been
revoked in connection with newly disclosed circumstances, the
court shall not be bound by the sentence imposed in the revoked
judgment.
[21 October 2010]
Chapter 63 Examination De Novo of
Valid Rulings in Relation to a Substantial Violation of the Norms
of a Material or Procedural Law
Section 662. Rulings that may be
Examined De Novo
(1) A valid court ruling may be examined de novo, if such
ruling has not been examined in accordance with cassation
procedures or a court has not previously refused to initiate
cassation proceedings, on the basis of an application or protest
of the persons referred to in Section 663 of this Law.
(2) A valid ruling may be examined de novo in criminal
proceedings wherein a special law regarding the exoneration of a
person is to be applied.
(3) A valid prosecutor's penal order may be examined de novo,
if a proposal of a higher-ranking prosecutor or an application of
the convicted person or upon assignment of a person for whom a
coercive measure has been applied - of an advocate has been
submitted in accordance with the procedures laid down in Section
671.1 of this Law.
[11 June 2020]
Section 663. Persons who have the
Right to Submit an Application or Protest
(1) An advocate may submit an application regarding
examination of a court ruling de novo under the assignment of the
convicted or acquitted person, or under the assignment of the
person against whom criminal proceedings have been terminated
with a court decision.
(2) The Prosecutor General or the chief prosecutor of the
Criminal Justice Department of the Office of the Prosecutor
General may submit a protest upon initiative thereof or upon
request of the persons referred to in Paragraph one of this
Section.
(3) An application or protest shall be submitted to the
Supreme Court.
[12 March 2009; 21 October 2010; 19 December 2013]
Section 664. Rights to Withdraw an
Application or Protest
(1) The submitter of an application or protest has the right
to withdraw such application or protest up to the commencement of
the trial of a case.
(2) The Prosecutor General may also withdraw a protest of the
chief prosecutor of the Criminal Justice Department of the Office
of the Prosecutor General.
Section 665. Grounds for the
Submission of an Application or Protest
An application or protest may be submitted, if:
1) a ruling has been made by an unlawful composition of the
court;
2) a service investigation has determined that one of the
judges did not sign the ruling because he or she did not
participate in the making of the ruling in accordance with the
procedures laid down in the law;
3) the violations referred to in Section 574 or 575 of this
Law have led to the unlawful deterioration of the condition of
the convicted person.
[19 January 2006]
Section 666. Form of an Application
or Protest
(1) An application or protest shall be submitted in
writing.
(2) An application or protest shall indicate and substantiate
the grounds for the appeal of a ruling referred to in Section 665
of this Law.
Section 667. Term for the Submission
of an Application or Protest
The term for the submission of an application or protest shall
not be subject to restrictions.
Section 668. Requesting a Criminal
Case for Inspection
(1) A judge of the Supreme Court may request a criminal case
for any court in order to decide the matter regarding examination
of an application or examination of a protest of a
prosecutor.
(2) The Prosecutor General or the chief prosecutor of the
Criminal Justice Department of the Office of the Prosecutor
General may request a criminal case for any court in order to
decide the matter regarding examination of an application or the
submission of a protest.
(3) The persons referred to in Section 663, Paragraph one of
this Law, and the advocates representing the interests thereof,
have the right to acquaint themselves with the materials of a
criminal case, in order to prepare an application, in the
authority wherein the criminal-case file is located, and to
receive copies of the necessary case materials.
[12 March 2009; 21 October 2010; 19 December 2013]
Section 669. Suspension of the
Execution of Rulings
If the Supreme Court has accepted for examination an
application or protest, it may defer or suspend execution of a
judgment or decision until examination de novo.
[19 December 2013]
Section 670. Examination De novo of
a Ruling in Court
(1) The Supreme Court shall examine de novo, in accordance
with the procedures laid down in Sections 582-586 of this Law,
applications and protests regarding judgments and decisions that
have entered into effect.
(2) Before commencing examination of a case in court a copy of
the submitted application or protest shall be sent to the persons
whose rights or lawful interests have been infringed by the
application or protest submitted.
[21 October 2010; 19 December 2013]
Section 671. Extent of Examination
De novo of Rulings
(1) In examining an application or protest, a court shall
examine the judgment or decision in the disputed part.
(2) A court may also examine a judgment and decision in full
extent and in relation to all convicted persons, if there are
grounds for the revocation of a ruling regarding violations of
the law that have led to the incorrect deliberation of a
case.
Section 671.1 Examination
of a Valid Prosecutor's Penal Order De Novo
(1) A proposal or an application regarding examination of a
valid prosecutor's penal order de novo may be submitted if
violations of the norms of the Criminal Law or this Law which
have led to the unlawful deterioration of the condition of the
person have been established therein.
(2) The proposal or application shall be submitted in writing,
indicating and motivating the justification for examination of
the penal order de novo. The submitter of the proposal or
application has the right to revoke it until the day when one of
the decisions indicated in Paragraph three of this Section is
taken.
(3) The proposal or application shall be examined by the chief
prosecutor of the Criminal Justice Department of the Office of
the Prosecutor General or the Prosecutor General and one of the
following decisions which is not subject to appeal shall be
taken:
1) to completely or partially amend the prosecutor's penal
order;
2) to revoke the prosecutor's penal order and to renew the
proceedings;
3) to reject the proposal or application;
4) to revoke the prosecutor's penal order and to terminate the
criminal proceedings.
(4) Upon accepting the proposal or application for
examination, a decision to suspend the execution of the sentence
or of the coercive measure imposed on a legal person may be
taken.
(5) After renewal of the criminal proceedings they shall be
continued in conformity with the conditions of this Law regarding
pre-trial criminal proceedings.
[11 June 2020]
Section 672. Decisions Taken as a
Result of Examination of Applications or Protests
(1) One of the decisions indicated in Section 587 of this Law
may be taken as a result of examination of an application or
protest.
(2) The content of a decision shall conform to the
requirements specified in Section 588 of this Law.
Part C International Co-operation
in the Criminal-legal Field
Chapter 64 General Provisions of
Co-operation
Section 673. Types of International
Co-operation
(1) Latvia shall request international co-operation in
criminal matters from a foreign country (hereinafter also - the
criminal-legal co-operation), and shall ensure such
co-operation:
1) in the extradition of a person for criminal prosecution,
trial, or the execution of a judgment, or for the determination
of compulsory measures of a medical nature;
2) in the transfer of criminal proceedings;
3) [24 May 2012];
4) in the execution of procedural actions;
41) in the execution of a security measure not
related to deprivation of liberty;
5) in the recognition and execution of a judgment;
6) in other cases provided for in international treaties.
(2) Criminal-legal co-operation with international courts and
with courts and tribunals established by international
organisations (hereinafter - the international court) shall
provide for the transfer of persons to international courts, for
procedural assistance for such courts, and for the execution of
the rulings of international courts.
(3) Information regarding receipt, sending, course of
execution of international criminal-legal co-operation requests
and persons concerned by the international criminal-legal
co-operation request shall be registered in the information
system. The Cabinet shall determine the procedures for
maintaining and using the information system, the amount of
information to be included therein, the procedures for including,
using and deleting information, the time periods for storing
information, as well as the institutions, which shall be granted
access to the information included in the information system, and
the amount of information to be accessible to such
institutions.
[24 May 2012; 5 September 2013]
Section 674. Legal Grounds for
Criminal-legal Co-operation
(1) The sources of criminal-procedural rights specified in
Section 2 of this Law shall regulate criminal-legal
co-operation.
(2) The criminal procedure of another country may be applied,
if such necessity has been justified in a request for
criminal-legal co-operation, and if such application is not in
contradiction with the basic principles of Latvian criminal
procedure.
(3) Latvia may request that a foreign country, in fulfilling a
request for criminal-legal assistance, apply the criminal
procedure specified in Latvia, or separate principles
thereof.
Section 675. Criminal-legal
Co-operation in Competent Authorities
(1) The competent authorities that are specified in laws and
regulations shall send and received requests for criminal-legal
co-operation, and such institutions shall regulate international
co-operation in criminal matters.
(2) A Latvian competent authority may agree, in criminal-legal
co-operation, with a foreign competent authority regarding the
direct communication between courts, Offices of the Prosecutor,
and investigating institutions.
(3) If an agreement with a foreign country regarding
criminal-legal co-operation does not exist, the Minister for
Justice and the Prosecutor General have the right, within the
framework of the competence specified in this Part of this Law,
to submit to the foreign country a request for criminal-legal
co-operation, or to receive a request from the foreign country
for criminal-legal co-operation.
(4) The officials referred to in Paragraph three of this
Section may request from, or submit to, a foreign country a
confirmation that reciprocity will be observed in criminal-legal
co-operation, that is, that the co-operation partner will
hereinafter provide assistance, observing the same
principles.
(5) Latvian competent authorities are entitled, in
criminal-legal co-operation, to co-operate with contact persons
of Eurojust (European Judicial Cooperation Unit) and the European
Judicial Network in Criminal Matters.
(6) The European Public Prosecutor's Office shall perform the
functions of the competent authority in cases when it has been
notified as the competent authority within the scope of an
international agreement in accordance with that laid down in
Regulation No 2017/1939.
[18 February 2016; 7 January 2021]
Section 676. Admissibility of
Evidence within the Framework of Criminal-legal Co-operation
Evidence that has been acquired as a result of criminal-legal
co-operation and in accordance with the criminal procedure
specified in a foreign country shall be made equivalent to the
evidence acquired in accordance with the procedures provided for
in this Law.
Section 677. Participation of an
Advocate
(1) In performing criminal-legal co-operation, an advocate
shall be summoned to provide legal assistance to a person, or, in
the cases provided for in this Part of this Law, to perform the
assistance of a defence counsel.
(2) An advocate may provide legal assistance from the moment
when a person is detained or placed under arrest, or in other
cases provided for in this Law.
(3) In providing legal assistance, an advocate has the
following rights:
1) to meet with the person under conditions that ensure the
confidentiality of the conversation;
2) to submit evidence and submit requests;
3) to receive the data necessary for the provision of legal
aid in accordance with the procedures laid down in laws and
regulations.
(4) The participation of an advocate is mandatory in the cases
determined in Section 83 of this Law.
(5) An investigating judge or court may, in assessing the
financial situation of a person, completely or partially release
such person from payment for legal assistance. If the person has
been released from payment for legal assistance, the work
remuneration of an advocate shall be covered by State resources
in accordance with the procedures laid down in laws and
regulations. The Latvian Council of Sworn Advocates may also
release a person from payment for legal assistance and cover the
work remuneration of an advocate from the budget thereof.
(6) In the proceedings of criminal-legal co-operation, a
defence counsel has the same rights as in criminal proceedings
taking place in Latvia.
[12 March 2009]
Section 678. Form and Content of
Criminal Proceedings Co-operation Document
(1) A request for criminal-legal co-operation shall be
submitted in writing, if an international agreement or law has
not specified otherwise.
(2) A request shall indicate:
1) the name of the authority of the submitter of the
request;
2) the object and essence of the request;
3) a description of the criminal offence and the legal
classification of such offence;
4) information that may help to identify a person.
(3) A request shall also indicate other information that is
necessary for the execution thereof.
(4) If in co-operation of criminal proceedings with the Member
States of the European Union a special document is provided for,
the form and content thereof shall be defined by the Cabinet.
(5) The competent authority, in sending a request for
criminal-legal co-operation, may request a foreign country to
ensure the confidentiality of the information contained in the
request.
[22 November 2007; 14 January 2010]
Section 679. Language of a Request
for Criminal-legal Co-operation
(1) A request for criminal-legal co-operation shall be written
and submitted in the official language.
(2) In the cases provided for in international agreements, a
translation of a request in the language that the countries have
chosen as the language of communication shall be attached to the
request.
(3) If an international agreement does not determine a
language of communication, a request may be submitted to a
foreign country without attaching a translation.
(4) If an international agreement does not regulate
criminal-legal co-operation with a foreign country, a translation
in the language of the relevant country shall be attached to a
request.
(5) The competent authority may come to an agreement with the
competent authority of a foreign country regarding a different
procedure for language use.
Section 679.1 Exchange of
Information Regarding Criminal Proceedings Taking Place in Latvia
for the Same Criminal Offence
(1) If there is a justified reason to believe that criminal
proceedings for the same criminal offence are taking place in
another country concurrently with the criminal proceedings taking
place in Latvia and sufficient confirmation has not been obtained
beforehand as a result of international co-operation, the person
directing the proceedings shall, with the intermediation of the
competent authority, request the foreign country to provide
information regarding it. The person directing the proceedings
shall indicate the information referred to in Section 678 of this
Law in the request. If the request is submitted to a European
Union Member State, it shall be translated into the official
language of the respective European Union Member State or into
the language, which was indicated by the state for communication
to the General Secretariat of the Council of the European
Union.
(2) Having received a request of a foreign country to provide
information regarding whether criminal proceedings for the same
criminal offence are taking place in Latvia, the competent
authority shall provide information to the foreign country within
the time period indicated in the request, but if a time period
has not been indicated information shall be provided as soon
after receipt of the request as possible.
(3) The following shall be indicated in the information to a
foreign country regarding whether criminal proceedings for the
same criminal offence are taking place in Latvia:
1) contact information of the person directing the
proceedings;
2) information regarding whether criminal proceedings for the
same criminal offence are taking place or have taken place and
whether the same person is related thereto;
3) if criminal proceedings for the same criminal offence are
taking place in Latvia - the criminal procedural stage and, if a
final ruling has been made, the essence of the ruling.
(4) The Office of the Prosecutor General shall be the
competent authority in exchange of information in pre-trial
proceedings, and the State Police - for the commencement of
criminal prosecution. After transfer of a case to a court the
Ministry of Justice shall be the competent authority for exchange
of information.
[24 May 2012; 29 May 2014]
Section 680. Expenditures
(1) Latvia shall cover expenditures that come about in
performing criminal-legal co-operation in the territory thereof
and in connection with the transit of a person to Latvia through
the territory of a third country, if this Part of this Law,
another laws and regulations, or the mutual agreement of the
countries does not specify otherwise.
(2) Latvia shall cover expenditures that come about in
performing temporary acceptance of a person or his or her
transfer upon the request of Latvia.
[30 March 2017]
Section 681. Transit of Persons
(1) If criminal-legal co-operation is related to the
transportation of a person from a foreign country to Latvia
through the territory of a third country, the competent authority
of Latvia shall, if necessary, issue a transit request to such
third country.
(2) If a person is transported with air transport, and landing
in the territory of a third country is not planned, the competent
authority of Latvia shall not issue a transit request, and, in
the cases provided for in international agreements, the third
country shall only be inform regarding such transportation.
(3) The competent authority of Latvia may allow, upon request
of a foreign country, the transit of a person related to
criminal-legal co-operation through the territory of Latvia. A
transit request may be rejected, if the transit of a citizen or
non-citizen of Latvia - a subject of the law On the State of
Former Citizens of the U.S.S.R. who do not have Latvian
Citizenship or the Citizenship of Another Country (hereinafter -
the Latvian citizen) is requested.
(4) A transit request shall be written the same as a request
for a specific type of criminal-legal co-operation.
Division Fourteen
Extradition
Chapter 65 Extradition of a Person
to Latvia
Section 682. Provisions for the
Submission of a Request for the Extradition of a Person
(1) The extradition of a person may be requested, if there are
grounds to believe that the following is located in a foreign
country:
1) a person who is a suspect or accused in the committing of a
criminal offence that may be punished on the basis of the
Criminal Law, and regarding which deprivation of liberty is
intended with a maximum limit of not less than one year, if an
international agreement does not provide for another term; or
2) a person who has been convicted in Latvia with deprivation
of liberty for a term of not less than four months.
(2) The extradition of a person may also be requested
regarding several criminal offences if extradition may not be
applied to one of such offences because such offence does not
comply with a condition regarding a possible or imposed
sentence.
(3) A request for the extradition of a person may not be
submitted if the seriousness or nature of a criminal offence does
match the expenses of the extradition.
[20 December 2012]
Section 683. Procedures for the
Submission of a Request for the Extradition of a Person
(1) If the provisions referred to in Section 682, Paragraph
one of this Law have been determined, the person directing the
proceedings or the court which controls complete execution of a
judgment or decision, or the court which decides on the
replacement of a punishment with imprisonment shall turn to the
Office of the Prosecutor General with a written proposal to
request the extradition of a person from a foreign country.
(2) A proposal shall indicate the information referred to in
Section 678 of this Law, and the attachments referred to in
Section 684 of this Law shall be attached to such proposal.
(3) A proposal shall be examined within 10 days, but in
emergency cases - immediately after receipt thereof in the Office
of the Prosecutor General, and the person directing the
proceedings or the court which applied with a proposal to request
the foreign country the extradition of a person shall be informed
regarding the results. The Prosecutor General may extend the term
of examination, and the person directing the proceedings or a
court, which applied with a proposal to request the extradition
of a person from the foreign country, shall be informed regarding
such extension.
(4) If there are grounds for requesting the extradition of a
person, the Office of the Prosecutor General shall prepare and
send a request to a foreign country.
(5) The Office of the Prosecutor General also may submit to a
foreign country a request for the extradition of a person on the
basis of the initiative thereof.
(6) Upon receiving information from a European Union Member
State regarding the request of a third country to extradite a
Latvian citizen, the Office of the Prosecutor General shall
decide on the possibility to initiate criminal proceedings and to
take the decision to issue a European arrest warrant if the
conditions for taking such decision have been established.
[11 June 2009; 20 December 2012; 7 January 2021]
Section 684. Request for the
Extradition of a Person
(1) A request for the extradition of a person shall be written
in accordance with the requirements of Section 678 of this Law,
and the following shall be attached to such request:
1) a certified copy of a decision to apply a security measure
- arrest, or of a court judgment of conviction that has entered
into effect;
2) a certified copy of a decision to recognise a person as a
suspect or on holding of a person criminally liable;
3) the text of the section of a law on the basis of which a
person is held suspect, held criminally liable, or convicted, and
the texts of the sections of a law that regulate a limitation
period and the classification of a criminal offence;
4) a certified copy of an order regarding the execution of a
judgment;
5) information that may help to identify a person;
6) other documents, if such documents have been requested by a
foreign country.
(2) True copies, copies and extracts of the documents attached
to an extradition request shall be prepared and certified in
accordance with the procedures laid down in the laws and
regulations regarding preparation and drawing up of
documents.
[17 May 2007; 24 May 2012]
Section 685. Grounds and Procedures
for the Announcement of an International Search for a Person
(1) If the conditions referred to in Section 682, Paragraph
one of this Law have been determined, and there are grounds to
believe that a person has left the territory of Latvia but the
whereabouts of such person are unknown, the person directing the
proceedings or the court, which controls the complete execution
of a judgment or decision, or the court, which decides on the
replacement of a punishment with imprisonment, shall request the
Office of the Prosecutor General to take a decision on an
international search for such person for the purpose of
requesting the extradition of such person, attaching to the
request the documents referred to in Section 684 of this Law.
(2) If there are grounds for requesting the extradition of a
person, the Office of the Prosecutor General shall take a
decision on announcement of an international search for the
person, send such decision for execution, and inform the person
directing the proceedings regarding such decision.
[11 June 2009; 20 December 2012]
Section 686. Request for Temporary
Arrest
(1) Before sending an extradition request, the Office of the
Prosecutor General may request for a foreign country to apply
temporary arrest to the person to be extradited.
(2) A request regarding temporary arrest shall be written in
conformity with the requirements of Section 678 of this Law. Such
request shall also indicate a decision to apply a security
measure - arrest, or a judgment of conviction that has entered
into effect, and inform regarding the intention of Latvia to
submit a request for the extradition of a person.
(3) If a request for the temporary arrest of a person has been
submitted, an extradition request shall be sent as soon as
possible, taking into account the term for temporary arrest
specified in international agreements.
Section 687. Takeover of a Person
Extradited by a Foreign Country
(1) The takeover of a person extradited by a foreign country
shall be performed by the State Police in the terms laid down in
international agreements. The Office of the Prosecutor General
shall be informed within 24 hours regarding the conveyance of a
person to Latvia.
(2) If a suspect has been extradited during pre-trial
proceedings, a prosecutor or higher-ranking prosecutor shall
submit a prosecution to this person within 10 days after taking
of the person to Latvia. If the prosecuted person is extradited -
the prosecution shall be submitted within 72 hours, but if the
prosecution has been issued before - the rights to submit
recusals and requests, submit complaints shall be explained to
the person.
(3) If a person has been extradited during a trial, the Office
of the Prosecutor General shall notify the person directing the
proceedings within three days regarding the fact that the
extradited person has been conveyed to Latvia.
(4) If the takeover of an extradited person is related to
transit, the State Police shall turn to the Office of the
Prosecutor General with a request to receive permission from a
third country for the transit of the extradited person.
[29 June 2008; 18 February 2016]
Section 688. Transfer of a Person
from Foreign Country for a Term
(1) If a foreign country has deferred the transfer of a person
to be extradited, and such deferment may cause a limitation
period of the term of criminal liability or hinder an
investigation of a criminal offence, the Office of the Prosecutor
General may request for the foreign country to transfer such
person for a term.
(2) Transfer of a person for a term shall take place upon
mutual written agreement of the competent authorities.
[29 June 2008]
Section 689. Frameworks of the
Criminal Liability and of the Execution of a Sentence of a Person
Extradited by a Foreign Country
(1) A person may be held criminally liable, tried and a
sentence may be executed only for the criminal offence regarding
which such person has been extradited.
(2) Such conditions do not apply to cases where:
1) the consent of the extraditing country has been received
for criminal prosecution, and trial, regarding other offences
committed before extradition;
2) an offence has been committed after a person was
transferred to Latvia;
3) a person did not leave Latvia for 45 days after being
released, though he or she had such opportunity;
4) a person left and returned to Latvia after extradition.
(3) A person may be extradited to a third country only with
the consent of the extraditing country.
(4) The consent provided for in Paragraph two, Clause 1 of
this Section shall be requested in the same way as
extradition.
(5) If a final sentence has been determined for a person on
the basis of a totality of criminal offences or on the basis of
several judgments, but such sentence has been issued only
regarding part of such offences or judgments, the court that
determined the final sentence shall determine the executable part
of the sentence in accordance with the procedures provided for in
Division Sixteen of this Law.
[29 June 2008]
Section 690. Inclusion of the Time
Spent under Arrest in a Foreign Country
(1) The term of arrest shall be counted for an extradited
person from the moment of the crossing of the border of the
Republic of Latvia.
(2) The term that a person has spent, upon request of Latvia,
under arrest in a foreign country shall be included in the term
of a sentence.
Section 691. Extradition of a Person
to Latvia from a European Union Member State
(1) The extradition of a person from Latvia to a European
Union Member State shall take place on the basis of a decision
taken by the Office of the Prosecutor General on issuance of a
European arrest warrant (hereinafter - the European arrest
warrant).
(2) A European arrest warrant is a ruling of a judicial
authority of a European Union Member State that has been made in
order for another Member State to extradite a person for the
commencement or performance of criminal prosecution or for the
execution of a sentence related to imprisonment.
[21 October 2010]
Section 692. Procedures for the
Taking of a European Arrest Warrant
(1) If the conditions referred to in Section 682 of this Law
have been established, the person directing the proceedings or
the court, which controls the execution of a judgment or decision
to full extent, or the court, which decides on the substitution
of punishment with imprisonment, shall turn to the Office of the
Prosecutor General with a written proposal to take a European
arrest warrant.
(2) A proposal shall indicate the information referred to in
Section 678 of this Law, and the documents referred to in Section
684 of this Law shall be attached to such proposal.
(3) The Office of the Prosecutor General shall examine a
proposal within 10 days, and inform the submitter of the proposal
regarding the decision taken. If a person has been detained in a
European Union Member State, the proposal shall be reviewed
within 24 hours.
(4) [21 October 2010]
(5) [21 October 2010]
(51) [21 October 2010]
(6) If grounds for taking a European arrest warrant have been
established, the Office of the Prosecutor General shall take a
European arrest warrant, which shall not be subject to
appeal.
[29 June 2008; 12 March 2009; 11 June 2009; 21 October
2010; 20 December 2012]
Section 693. European Arrest
Warrant
[22 November 2007]
Section 694. Execution of a European
Arrest Warrant
(1) If the whereabouts of a requested person are known, the
Office of the Prosecutor General shall send a European arrest
warrant to the competent authority of the relevant European Union
Member State, attaching to such decision a translation thereof in
the language specified by the Member State.
(2) If a European arrest warrant has been taken for the
criminal prosecution of a person, the Office of the Prosecutor
General may, on the basis of a proposal of the person directing
the proceedings and up to the time when a Member State takes a
decision on extradition or non-extradition of a person, request
that the competent judicial authority of the Member State:
1) interrogate the person, with the participation of the
person directing the proceedings;
2) transfer the person for a term, agreeing regarding the time
of return.
(3) If the whereabouts of a requested person are unknown, the
Office of the Prosecutor General shall send a copy of a European
arrest warrant to the State Police for ensuring of the
international search.
(31) If a Member State requests to guarantee that a
person extradited by a Member State after conviction in Latvia
will be returned for serving a custodial sentence, such guarantee
shall be issued by the Prosecutor General's Office.
(4) The State Police shall take over a person within 10 days
from the day when a decision was taken on extradition of a
person, or come to an agreement with the competent judicial
authority of the Member State extraditing the person regarding
another time for taking over the person. The Office of the
Prosecutor General shall be informed within 24 hours regarding
the conveyance of a person to Latvia. The takeover of a person
shall take place in accordance with the procedures laid down in
Section 687, Paragraphs two, three and four of this Law.
[11 June 2009; 18 February 2016]
Section 695. Conditions related to
the Takeover of a Person from a European Union Member State
(1) In taking over a person from a European Union Member
State, the conditions referred to in Sections 689 and 690 of this
Law shall be complied with.
(2) In addition to that referred to in Paragraph one of this
Section, a person may also be held criminally liable, tried and a
sentence may be executed for other criminal offences regarding
which such person was not extradited, as well as further
extradited to another Member State, in the following cases:
1) the offence of the person is not punishable with
deprivation of liberty or a compulsory measure that restricts
freedom;
2) the person may be subjected to a sentence that is not
related to the imprisonment;
21) a person in the Member State of the European
Union has agreed with it;
3) the person has agreed thereto after takeover of such person
in Latvia, and such consent was accepted by a prosecutor in the
presence of an advocate, entering such acceptance in the
minutes;
4) within 45 days after release, the person has not left
Latvia even though there was such an opportunity;
5) the person has left Latvia after release and has returned
there.
[29 June 2008; 11 June 2009; 30 March 2017]
Chapter 66 Extradition of a Person
to a Foreign Country
Section 696. Grounds for the
Extradition of a Person
(1) A person who is located in the territory of Latvia may be
extradited for criminal prosecution, trial, or the execution of a
judgment, if a request has been received for temporary arrest or
from a foreign country to extradite such person regarding an
offence that, in accordance with the law of Latvia and the
foreign country, is criminal.
(2) A person may be extradited for criminal prosecution, or
trial, regarding an offence the committing of which provides for
a custodial sentence the maximum limit of which is not less than
one year, or a more serious sentence, if the international
agreement does not provide otherwise.
(3) A person may be extradited for the execution of a judgment
by the country that rendered the judgment and convicted the
person with a custodial sentence for a term of not less than four
months, if the international agreement does not provide
otherwise.
(4) If extradition has been requested for several criminal
offences, but extradition may not be applied for one of such
offences because such offence does not comply with the conditions
for the possible or imposed sentence, the person may also be
extradited for such criminal offence.
[11 June 2009; 24 May 2012]
Section 697. Reasons for a Refusal
to Extradite a Person
(1) The extradition of a person may be refused, if:
1) a criminal offence has been committing completely or
partially in the territory of Latvia;
2) the person is being held as a suspect, is accused, or is
being tried in Latvia regarding the same criminal offence;
3) a decision has been taken in Latvia to not commence, or to
terminate, criminal proceedings regarding the same criminal
offence;
4) extradition has been requested in connection with political
or military criminal offences;
5) a foreign country requests the extradition of a person for
the execution of a sentence imposed in a judgment by default, and
a sufficient guarantee has not been received that the extradited
person will have the right to request the re-trial of the
case;
6) extradition has been requested by a foreign country with
which Latvia does not have an agreement regarding
extradition.
(2) The extradition of a person shall not be admissible,
if:
1) the person is a Latvian citizen;
2) the request for the extradition of the person is related to
the purpose of commencing criminal prosecution of such person or
punishing such persons due to his or her race, religion
affiliation, nationality, or political views, or if there are
sufficient grounds to believe that the rights of the person may
be violated due to the referred to reasons;
3) a court ruling has entered into effect in Latvia in
relation to the person regarding the same criminal offence;
4) the person may not, in accordance with a Latvian law for
the same criminal offence, be held criminally liable, tried, or
execute a sentence in connection with a limitation period,
amnesty, or another legal basis;
5) the person has been granted clemency, in accordance with
the procedures laid down in law, regarding the same criminal
offence;
6) the foreign country does not provide a sufficient bail that
such country will not impose the death sentence on such person
and execute such sentence;
7) the person may be threatened with torture in the foreign
country;
8) the execution of the request to extradite a person may harm
the sovereignty, security, social order, or other substantial
interests of the State of Latvia.
(3) An international agreement may provide for other reasons
for a refusal of extradition.
[18 February 2016]
Section 698. Person to be Extradited
and his or her Rights
(1) A person to be extradited is a person whose extradition
has been requested or who has been detained or placed under
arrest for the purpose of extradition.
(2) A person to be extradited has the following rights:
1) to know who and regarding what has requested his or her
extradition;
2) to use a language that he or she understands in the
extradition proceedings;
3) to provide explanations in connection with extradition and
agree or disagree with extradition;
4) to submit requests, also requests regarding a simplified
extradition;
5) to familiarise himself or herself with all materials of the
examination;
6) to retain an advocate for the receipt of legal assistance
and to meet the advocate in circumstances that ensure
confidentiality of conversations;
7) to receive the list of advocates who practice in the
relevant court district, as well as to use telephone free of
charge to retain the advocate;
8) to request that his or her immediate family, educational
institution or employer is notified regarding his or her
detention;
9) to apply a request that an advocate is appointed in the
country which rendered the European arrest warrant.
(3) A foreigner may request that the diplomatic or consular
mission of his or her country is notified regarding his or her
detention.
[23 May 2013; 18 February 2016]
Section 699. Detention of a Person
for the Purpose of Extradition
(1) An investigator or prosecutor may detain a person for up
to 72 hours for the purpose of extradition, if there are
sufficient grounds to believe that such person has committed a
criminal offence in the territory of another country regarding
which extradition has been provided for, or if the a foreign
country has announced a search for such person and issued a
request for temporary arrest or extradition.
(2) An investigator or prosecutor shall write a protocol
regarding the detention of a person for the purpose of
extradition, indicating therein the given name, surname, and
other necessary personal data of the detained person, the reason
for the detention, as well as when such person was detained and
who detained such person. The detaining person and the person to
be extradited shall sign the detention protocol.
(3) A detaining person shall inform a person to be extradited
and issue to him or her an excerpt from Section 698 of this Law
regarding the rights determined for such person, and an entry
regarding it shall be made in the detention protocol.
(4) The Office of the Prosecutor General shall be informed
immediately, but not later than within 24 hours, regarding the
detention of a person by sending to such Office the detention
documents of such person. The Office of the Prosecutor General
shall inform the country that announced a search for the
person.
(5) If temporary or extradition arrest has not been applied
within 72 hours from the moment of the detention of a person, the
detained person shall be released or another security measure
shall be applied.
[23 May 2013]
Section 699.1 Application
of a Security Measure not Related to Deprivation of Liberty to a
Person to be Extradited
(1) A prosecutor by taking into account the nature and
harmfulness of such criminal offence for which extradition of a
person is requested, the personality, health of the person to be
extradited, and other significant circumstances, may apply the
security measures not related to deprivation of liberty referred
to in Section 243 of this Law until transfer of the person to be
extradited to a foreign country.
(2) A prosecutor shall apply a security measure not related to
deprivation of liberty by a reasoned written decision in
accordance with the procedures laid down in Section 245 of this
Law. A decision to apply such security measure shall not be
subject to appeal.
(3) If a person to be extradited violates the provisions of
the security measure applied or there are grounds for assuming
that he or she may hinder the course of extradition proceedings,
the prosecutor is entitled, until the transfer of the person to
be extradited to a foreign country, to choose and apply another,
more restrictive security measure or to address an investigating
judge with a proposal regarding application of temporary arrest
or extradition arrest.
(4) In order to ensure that a person to be extradited in the
case referred to in Paragraph three of this Section is delivered
to the investigating judge, the prosecutor or investigator upon
assignment of the prosecutor may detain the person to be
extradited in accordance with the procedures laid down in Section
699 of this Law.
[18 February 2016]
Section 700. Grounds for the
Application of Temporary Arrest
(1) Temporary arrest may be applied to a person to be
extradited upon request of a foreign country regarding temporary
arrest and up to the receipt of an extradition request.
(2) If a request regarding temporary arrest indicates a
decision of a foreign country on arrest of the person or a valid
judgment in relation to such person, or indicates that the
foreign country will issue an extradition request and the
criminal offence regarding which extradition will be requested,
or if information has been provided regarding the person to be
extradited or if circumstances are not known that would exclude
the possibility of extradition, a prosecutor shall submit a
proposal regarding the application of temporary arrest and
materials justifying such proposal to the investigating judge in
whose territory of operation the person has been detained or the
Office of the Prosecutor General is located.
Section 701. Application of
Temporary Arrest
(1) A judge shall decide on the application of temporary
arrest in a court hearing, with the participation of a prosecutor
and the person to be extradited.
(2) Having heard a prosecutor, a person to be extradited, and
an advocate, if he or she participates, a judge shall take a
reasoned decision that shall not be subject to appeal.
(3) Temporary arrest shall be applied for 40 days from the day
of the detention of a person, if an international agreement does
not specify otherwise.
(4) A prosecutor may release a person from temporary arrest,
if a request of a foreign country regarding the extradition of
such person, or a report regarding justified reasons for the
delay of such request, has not been received within 18 days after
detention.
(5) A prosecutor shall release a person from temporary arrest,
if:
1) an extradition request is not received within 40 days;
2) an extradition arrest is not applied within 40 days;
3) circumstances have become known that exclude the
possibility of extradition.
(6) The release of a person shall not cause impediments to the
repeated placing under arrest or extradition of such person, if a
request regarding extradition is received later.
Section 702. Extradition Arrest
(1) An extradition arrest may be applied after a request
regarding the extradition of a person has been received along
with the following:
1) a request of a foreign country regarding the arrest of such
person or a judgment that has entered into effect in relation to
the specific person;
2) a description of a criminal offence or a decision to hold
the person criminally liable;
3) the text of the section of the law on the basis of which
the person has been held criminally liable or convicted, and the
test of the section of the law that regulates a limitation
period;
4) information regarding the person to be extradited.
(2) If circumstances are not known that exclude the
possibility of extradition, the executor of an examination shall
submit an application for an extradition arrest and the materials
that justify such application to an investigating judge in whose
territory of operation the person was detained or the Office of
the Prosecutor General is located.
(3) An application for an extradition arrest shall be examined
in accordance with the same procedures as a request regarding
temporary arrest.
(4) If a person to be extradited is placed under arrest in
Latvia or serving a sentence in Latvia imposed for the committing
of another criminal offence, the term of the extradition arrest
shall be counted from the moment of the releasing of the
person.
(5) The term of the arrest of a person to be extradited shall
not exceed one year, and, in addition, shall not be longer than
the term of a sentence imposed in a foreign country, if such term
is less than one year, counting from the moment of the
application of the detention or arrest.
[18 February 2016]
Section 702.1 Control of
Application of an Extradition Arrest
(1) A person to be extradited, his or her representative or
defence counsel may, at any time, submit an application to an
investigating judge regarding an assessment of the necessity of a
subsequent application of extradition arrest.
(2) An application regarding an assessment of the necessity of
a subsequent application of extradition arrest may be refused
without an examination thereof in oral procedure, if less than
two months have passed since the last assessment of the necessity
of the application of extradition arrest, and the proposal is not
justified with information regarding facts that were not known to
an investigating judge in deciding regarding the application of
extradition arrest or during the previous examination of the
application. An investigating judge shall examine such
application in a written procedure without participation of
persons involved in the procedure.
(3) If an application regarding an assessment of the necessity
of a subsequent application of extradition arrest is examined in
the oral pro