The translation of this document is outdated.
Translation validity: 11.07.2000.–03.06.2002. Amendments not included: 04.06.2002., 10.10.2002., 19.06.2003., 02.06.2005., 04.04.2007., 17.07.2008., 12.12.2008., 21.05.2009., 01.12.2009., 16.12.2010., 08.07.2011., 14.07.2011., 22.11.2012., 05.09.2013., 05.03.2015., 09.06.2016., 01.11.2018., 05.12.2019., 27.02.2020., 17.06.2020.
The Saeima1 has adopted and Office of the Prosecutor LawChapter One
|
grade of office |
office |
chief State advisor for judicial proceedings |
- Prosecutor General |
State advisor for judicial proceedings |
- chief prosecutor of a department of the Office of the Prosecutor General, chief prosecutor of a division of the Office of the Prosecutor General, chief prosecutor of a judicial region; |
senior advisor for judicial proceedings |
- district (Republic city) chief prosecutor, prosecutor of the Office of the Prosecutor General; |
advisor for judicial proceedings |
- prosecutor of a district (Republic city), prosecutor of a judicial region. |
Section 33. A Candidate for Office of Prosecutor
(1) A candidate for the office of prosecutor may be a citizen of the Republic of Latvia, who has received higher legal education (at the University of Latvia or at another institution of higher education, which in the opinion of the Faculty of Law of the University of Latvia is equivalent to the University of Latvia), has served an apprenticeship at the Office of the Prosecutor and passed a qualification examination.
(2) The procedure by which a candidate for the office of a prosecutor is to serve an apprenticeship and take a qualification examination shall be determined by the Council of the Prosecutor General.
Section 34. Chief Prosecutor of a District (Republic City), a Prosecutor of a Judicial Region and a Prosecutor of the Office of the Prosecutor General
A person who has not less than two years length of service as a prosecutor, judge, advocate, investigator or teaching in the speciality of jurisprudence at an institution of higher education or at least five years length of service in the speciality of a lawyer may be appointed as the chief prosecutor of a district (Republic city), a prosecutor of a judicial region or a prosecutor of the Office of the Prosecutor General.
Section 35. A Candidate for the Office of a Chief Prosecutor of a Department and a Chief Prosecutor of a Division of the Office of the Prosecutor General
A person who has not less than three years length of service in the Office of the Prosecutor of the Republic of Latvia or in the Supreme Court may be appointed as a chief prosecutor of a department or a division of the Office of the Prosecutor General.
[22 October 1998]
Section 36. A Candidate for the Office of the Prosecutor General
As the Prosecutor General may be appointed a person who:
1) has worked as a justice of the Constitutional Court for not less than three years;
2) after 1 January 1993 has worked as a justice of the Supreme Court for not less than three years and who has at least the third qualification category;
3) has worked as a judge of a regional court for not less than three years and who has at least the third qualification category;
4) after 26 September 1990 has held the office of a prosecutor in institutions of the Office of the Prosecutor for not less than five years.
[22 October 1998; 8 June 2000]
Section 37. Persons who may not Be Prosecutors and Candidates for the Office of a Prosecutor
Persons who do not comply with the requirements of Section 6, Paragraph one, Clauses 1, 3, 5, 6, 7, 8 and 9 and Paragraph three of the Law On the State Civil Service may not be a prosecutor or a candidate for the office of a prosecutor.
Section 38. Procedures regarding Appointment of Prosecutors
(1) The Prosecutor General, upon the recommendation of the Chief Justice of the Supreme Court, shall be approved by the Saeima for five years.
(2) Chief prosecutors shall be appointed to office by the Prosecutor General for five years, taking into account the opinion of the certification commission.
(3) Other prosecutors shall be appointed to office by the Prosecutor General for an unlimited term of office. Prior to the appointment or promotion of a prosecutor, the certification commission shall provide an opinion of his or her eligibility for such office.
(4) Notice shall be given of the confirmation of the Prosecutor General and the appointment of chief prosecutors in the official newspaper.
[22 October 1998]
Section 39. Removal of a Prosecutor from Office
Prosecutors shall be removed from office:
1) pursuant to their own free will;
2) in connection with election or appointment to another office;
3) due to their state of health if it does not allow them to continue to work as a prosecutor; or
4) upon the expiration of the term for performance of the duties of their office.
Section 40. Basis of Dismissal of Prosecutors
[22 October 1998]
(1) A prosecutor shall be dismissed from office:
1) if the Prosecutor General has determined the fact that any of the conditions referred to in Section 37 of this Law has not been observed;
2) if the Prosecutor General has determined the fact that any of the restrictions provided for in the Prevention of Corruption Law has not been observed;
3) if the prosecutor refuses to discontinue his or her membership in a party or political organisation; or
4) if the prosecutor has been convicted and the judgment of the court has come into legal effect.
(2) A prosecutor may be dismissed from office:
1) for intentional violation of the law or negligence related to his or her professional activity and causing significant consequences;
2) for a shameful act, which is incompatible with the office of a prosecutor;
3) if he or she has reached the age of retirement determined by the State;
4) if the qualifications commission determines that his or her professional skills do not suffice;
5) for intentional failure to fulfil duties of office; and
6) for failure to observe the provisions of the Code of Ethics of Prosecutors.
[23 May 1996; 8 June 2000]
Section 41. Procedures for the Removal or Dismissal of Prosecutors
Prosecutors and chief prosecutors shall be removed or dismissed from office by the Prosecutor General in the cases and in accordance with the procedures prescribed by this Law.
[22 October 1998]
Section 41.1 Basis of Dismissal of the Prosecutor General
The Prosecutor General may be dismissed from office, if in accordance with the procedures prescribed by this Law it is determined that he or she:
1) does not comply with the requirements specified in Section 37 of this Law;
2) is a member of a party or a political organisation;
3) has not observed any of the restrictions provided for in the Prevention of Corruption Law;
4) during the performance of official duties has allowed intentional violation of law or negligence resulting in significant consequences; or
5) has allowed a shameful act, which is incompatible with his or her office.
[22 October 1998]
Section 41.2 Termination of Powers of the Prosecutor General
(1) The powers of the Prosecutor General shall terminate without a special decision:
1) if the Saeima has elected, appointed or confirmed him or her into another office, simultaneously dismissing him or her from the previous office;
2) if the term of office determined by law has expired;
3) if a judgment of conviction has come into effect;
4) upon death; or
5) after three months from the day when he or she has submitted a submission to the Supreme Court and the Chairperson of the Saeima regarding resignation from office.
(2) The powers of the Prosecutor General shall terminate if the Saeima dismisses the Prosecutor General from office due to a state of health which does not allow him or her to further perform duties and it has been confirmed (determined) by a competent medical commission specified by the Chief Justice of the Supreme Court.
(3) The powers of the Prosecutor General shall terminate if the Saeima in accordance with the procedures prescribed by this Law removes him or her from office.
(4) In all the cases of termination of the powers of the Prosecutor General provided for in this Section, the Chief Justice of the Supreme Court shall determine which of the chief prosecutors of departments of the Office of the Prosecutor General shall perform the duties of the Prosecutor General until the appointment of a new Prosecutor General.
[22 October 1998]
Section 41.3 Procedures for the Dismissal of the Prosecutor General
(1) The Saeima may dismiss the Prosecutor General from office, if a justice of the Supreme Court specially authorised by the Chief Justice of the Supreme Court, in carrying out an investigation, has determined any of the bases for removal referred to in Section 41.1 of this Law and an opinion regarding this has been provided by a Plenary Session of the Supreme Court.
(2) An investigation shall be proposed by the Chief Justice of the Supreme Court on his or her own initiative or at the request of one third of the members of the Saeima.
(3) The proposal shall indicate:
1) the fact of a particular violation specified in Section 41.1 of this Law; and
2) the given names and surnames of the members submitting the proposal and the date of signing the proposal.
(4) If the Chief Justice of the Supreme Court, in proposing an investigation, considers that the holding of office by the Prosecutor General may interfere with an objective examination of the issues, he or she shall suspend the Prosecutor General from office until the taking of the final decision, and shall determine which of the chief prosecutors of departments of the Office of the Prosecutor General shall perform the duties of the Prosecutor General during this time.
(5) If a basis of dismissal provided for in Section 41.1 of this Law has been determined, the Chief Justice of the Supreme Court shall forward the materials of investigation together with his or her and a Plenary Session's opinion to the Saeima for further examination.
(6) If a basis of dismissal provided for by law has not been determined, the Chief Justice of the Supreme Court shall inform the Prosecutor General and the members submitting the proposal thereof.
[22 October 1998]
Section 42. Suspension of a Prosecutor from Office
If a prosecutor has allowed such violation of the duties of office for which he or she may be dismissed from office, the Prosecutor General may suspend him or her from office until the final deciding of the matter, but in cases pertaining to criminal liability, until the rendering of an adjudication in the criminal matter.
Section 43. Disciplinary Liability of a Prosecutor
(1) A prosecutor may be subject to disciplinary liability in accordance with legislative enactments regarding employment, as well as for:
1) intentional violation of law in fulfilling the duties of office;
2) intentional failure to fulfil employment duties;
3) a shameful act, which is incompatible with the office of a prosecutor;
4) an administrative violation; and
5) failure to observe the provisions of the Code of Ethics of Prosecutors.
(2) The rendering of a judgement of acquittal, the forwarding of a criminal matter for additional investigation or the revocation of a procedural decision may not of itself be a basis for the disciplinary liability of a prosecutor unless the prosecutor has allowed intentional violation of law or negligence resulting in significant consequences.
[2 April 1998]
Section 44. Disciplinary Sanctions
(1) The following disciplinary sanctions may be applied to a prosecutor for the violations provided for in Section 43 of this Law:
1) an annotation;
2) a reprimand;
3) reduction of the base salary of the prosecutor up to 20 per cent for a period not exceeding six months;
4) reduction in the grade of office;
5) demotion in office; or
6) dismissal from employment.
(2) Only one disciplinary sanction may be applied for one and the same violation.
[2 April 1998]
Section 45. Procedures for Application and Appeal of Disciplinary Sanctions
(1) The Prosecutor General has the right to apply any disciplinary sanction to any prosecutor.
Chief prosecutors have the right to, as a disciplinary sanction, make an annotation or reprimand prosecutors of an institution or a structural unit under their management. If a violation of a more serious nature has been committed, a head of an institution may submit to the Prosecutor General a proposal to apply another disciplinary sanction.
(2) An official, who has the right to apply a disciplinary sanction, shall review all materials received and request an explanation from a prosecutor and, if necessary, organise the investigation of the fact of a disciplinary violation.
Prior to the reduction in the grade of office, demotion in office or dismissal of a prosecutor, the materials received shall be submitted to the certification commission for the provision of an opinion.
(3) Disciplinary sanctions may be imposed not later than within a one-month period from the date of discovery of the violation, excluding the period of probation and the period when a prosecutor has not been at work due to a justifiable reason, but not later than six months after the date of commission of the violation.
(4) A prosecutor subjected to liability as well as other prosecutors in the same institution shall be familiarised with the order regarding the application of a disciplinary sanction. The order shall be appended to the personnel file of the prosecutor.
(5) If within a one-year period after application of a disciplinary sanction, with the exception of dismissal from employment, a new disciplinary sanction has not been imposed upon a prosecutor, the prosecutor shall not be regarded as disciplinary sentenced, however, the renewal of the previous grade of office or reinstatement in the previous office is possible only in accordance with the certification procedures.
(6) An official, who has applied a disciplinary sanction, is entitled to revoke it before one year has elapsed. All prosecutors of a relevant institution shall be familiarised with such order.
(7) A person may appeal a decision regarding the imposition of a disciplinary sanction on him or her to a court.
Section 46. Administrative Director of the Office of the Prosecutor
(1) An administrative director of the Office of the Prosecutor is an official who is appointed, removed or dismissed from office by the Prosecutor General and who manages the financial and economic activity of the Office of the Prosecutor and ensures the material supply of the institutions of the Office of the Prosecutor.
(2) An administrative director shall hire, remove or dismiss from office the service personnel, organise their work, as well as manage the work of the financial and economic division of the Office of the Prosecutor General.
(3) The administrative director's service in conformity with the estimates of expenditure, fixed salaries of employees and directives of heads of the State institutions supervised by the Office of the Prosecutor shall ensure the financial and economic activity of such State institutions.
[2 April 1998]
Section 47. Service Personnel
Service personnel shall ensure the technical and economic activity of the Office of the Prosecutor. Their work shall be managed by the administrative director of the Office of the Prosecutor.
Section 48. Assistant to a Prosecutor
(1) An assistant to a prosecutor shall receive visitors, their submissions, take measures in connection with the preparation of investigation materials or matters for adjudication, as well as perform other tasks assigned by the prosecutor. An assistant to a prosecutor shall not have the powers of a prosecutor.
(2) An assistant to a prosecutor shall in accordance with the structure determined by the Prosecutor General be hired as well as removed or dismissed from office by the Prosecutor General pursuant to a recommendation from the head of a relevant institution of the Office of the Prosecutor.
(3) A person who has at least secondary education in law or higher education in another field may be an assistant to a prosecutor.
[8 June 2000]
Section 49. Consultancy Personnel
A head of an institution of the Office of the Prosecutor has the right, if necessary, in conformity with the structure determined by the Prosecutor General to hire a specialist for an indefinite period or in compliance with the budget possibilities - for the period of performance of a specific task.
[2 April 1998]
Section 49.1 Procedures for Establishing State Institutions Supervised by the Office of the Prosecutor
(1) State institutions supervised by the Office of the Prosecutor shall be established, reorganised and liquidated by the Prosecutor General in accordance with special laws. The Prosecutor General shall also in conformity with allocated State budget funds determine the structure and personnel of such institutions.
(2) The by-laws of the State institutions supervised by the Office of the Prosecutor shall be approved by the Council of the Prosecutor General.
Section 49.2 Procedures for the Appointment, Hiring, Release and Dismissal of Employees of State Institutions Supervised by the Office of the Prosecutor
(1) The Prosecutor General shall appoint the heads of State institutions supervised by the Office of the Prosecutor for the term provided for by law. The Prosecutor General may dismiss a head of an institution during his or her term of office only for committing a criminal offence, for intentional violation of law or negligence which is related to his or her professional activity and has caused significant consequences and for a shameful act which is incompatible with the status of a head.
(2) The other employees of a State institution supervised by the Office of the Prosecutor shall be hired, released or dismissed from office by the head of the institution.
Section 49.3 Remuneration for the Work of Employees of State Institutions Supervised by the Office of the Prosecutor
A system for the remuneration of work depending on the functions of a State institution supervised by the Office of the Prosecutor shall be determined by the Cabinet. The social guarantees provided for civil servants shall apply to employees of such institution.
Section 49.4 Procedures for the Performance of Supervision
Supervision shall be performed by the Prosecutor General and prosecutors specially authorised by him or her. During the period of the conducting investigations the persons referred to have the right to become acquainted with all the existing information under the control of the institution, the files, to request explanations from employees, to give directives in relation to the rectification of the violations which have been allowed to occur. If the decisions taken are unlawful they may only be revoked by the Prosecutor General. Decisions of the Prosecutor General may be appealed to a court.
Section 50. Financing of the Office of the Prosecutor and the State Institutions under its Supervision
The Office of the Prosecutor and the State institutions under its supervision shall be financed from the State budget and they shall have separate estimates of expenditures.
[2 April 1998]
Section 51. Material and Technical Base of the Office of the Prosecutor
The State shall provide the institutions of the Office of the Prosecutor with service premises, means of communication and an appropriate material and technical base.
Section 52. Remuneration for the Work of a Prosecutor
(1) Remuneration for the work of a prosecutor shall consist of a base salary, supplements for a grade of office and other supplements.
(2) According to the office held, the following base salary is determined for prosecutors:
1) the base salary of the Prosecutor General shall be 95 per cent of the base salary of the Chief Justice of the Supreme Court and the supplement for the performance of duties of the Chief Justice;
2) the base salary of a chief prosecutor of a department of the Office of the Prosecutor General shall be 95 per cent of the base salary of a deputy Chief Justice of the Supreme Court and the supplement for the performance of duties of a deputy Chief Justice;
3) the base salary of a chief prosecutor of a division of the Office of the Prosecutor General shall be 90 per cent of the base salary of a deputy Chief Justice of the Supreme Court and the supplement for the performance of duties of a deputy Chief Justice;
4) the base salary of a prosecutor of the Office of the Prosecutor General shall be 90 per cent of the base salary of a justice of the Supreme Court;
5) the base salary of a chief prosecutor of a judicial region shall be 95 per cent of the base salary of a chief judge of a regional court;
6) the base salary of a chief prosecutor of a judicial region shall be 95 per cent of the base salary of a deputy chief judge of a regional court;
7) the base salary of a prosecutor of a judicial region shall be 90 per cent of the base salary of a judge of a regional court;
8) the base salary of a chief prosecutor of the Office of the Prosecutor of a district (Republic city) shall be 95 per cent of the base salary of a chief judge of a district (city);
9) the base salary of a deputy chief prosecutor of the Office of the Prosecutor of a district (Republic city) shall be 95 per cent of the base salary of a deputy chief judge of a district (city); and
10) the base salary of a prosecutor of a district (Republic city) shall be 95 per cent of the base salary of a judge of a district (city).
(3) A supplement for a grade of office of a prosecutor shall be equivalent to a supplement for a qualification category of a judge, observing the following relationships:
1) a candidate for an advisor for judicial proceedings - qualification category 5;
2) a junior advisor for judicial proceedings - qualification category 4;
3) an advisor for judicial proceedings - qualification category 3;
4) a senior advisor for judicial proceedings - qualification category 2;
5) a State advisor for judicial proceedings - qualification category 1;
6) a chief State advisor for judicial proceedings - the highest qualification category.
(4) During an apprenticeship period, a candidate for the office of a prosecutor shall receive remuneration in the amount of 80 per cent of the base salary of a prosecutor of a district (Republic city).
Section 53. Other Forms of Payment for the Work of a Prosecutor
In order to stimulate the work of prosecutors, the Prosecutor General may determine additional payment to them, taking into account the results of the work of each particular person.
Section 54. Vacations of Prosecutors
(1) Annual paid vacations of not less than five calendar weeks shall be granted to prosecutors.
(2) According to the length of service of a prosecutor, for every five years of work at the Office of the Prosecutor, the annual paid vacation shall be increased by three calendar days, however, by not more than 15 calendar days in total.
[2 April 1998]
Section 55. Pensions and Compulsory Insurance for Prosecutors
(1) Prosecutors shall be insured from the State funds and a service pension shall be granted to them in accordance with the regulatory enactments regarding pensions.
(2) A service pension shall be granted only to such persons who have worked in the office of a prosecutor and judge or investigator for not less than 20 years in total.
(3) The State shall mandatorily insure the life and health of a prosecutor.
Section 56. Security Guarantees for a Prosecutor
(1) Prosecutors have the right to the protection of themselves and the members of their families, as well as their own property and that of the members of their family.
(2) Prosecutors have the right to their service weapon. When providing, storing, carrying and using such, the conditions and procedures determined in the Law On Firearms and Special Means for Self-Protection shall be complied with.
Section 57. Provision of a Telephone for the Dwellings of Prosecutors
Telephones shall be installed in the dwellings of prosecutors in priority order.
Section 58. Other Guarantees
(1) The compensation and social guarantees provided for in Sections 32-37, 39-41, 49 and 50 of the Law On the State Civil Service shall apply to prosecutors.
(2) Prosecutors are exempt from mandatory military service.
[2 April 1998]
Section 59. Symbols of the Office of the Prosecutor
The symbols of the Office of the Prosecutor shall be the oath, robe and insignia of office of a prosecutor.
Section 60. Oath of a Prosecutor
(1) Upon taking office a prosecutor shall give the following oath:
" I, ____________, undertaking the duties of a prosecutor, am aware of the responsibility entrusted to me, and solemnly swear to be honest and fair, to be loyal to the Republic of Latvia, to always endeavour to determine the truth, never to betray it, and to perform the duties of a prosecutor strictly in accordance with the Constitution and the laws."
(2) The oath of a prosecutor shall be accepted by the Prosecutor General.
(3) A prosecutor shall read the text of the oath at a solemn ceremony and sign it.
The official accepting the oath shall issue to the prosecutor an identification document and the insignia of office.
Section 61. Robes and Insignia of Prosecutors
(1) When performing their duties, prosecutors shall be attired in robes specified for a prosecutor and bearing the insignia of office - a lapel badge.
(2) Prosecutors shall perform their duties in court in the robe of a prosecutor having the insignia of office attached to it.
(3) The model of the robe and insignia of office of a prosecutor shall be approved by Cabinet.
(4) The procedures for wearing of the robe and insignia of office of a prosecutor shall be determined by the Prosecutor General.
Section 62. Identification Document of a Prosecutor
An identification document, the form of which is approved by the Prosecutor General, shall be issued to a prosecutor.
Section 63. Prosecutorial Institutions and the Seal of a State Institution Supervised by the Office of the Prosecutor
(1) The Office of the Prosecutor General shall have a Seal bearing the Great State Coat of Arms of the Republic of Latvia and the name of the institution.
(2) Other institutions of the Office of the Prosecutor and State institutions supervised by the Office of the Prosecutor shall have a Seal bearing a Supplemented Lesser State Coat of Arms and the name of the relevant institution.
[2 April 1998]
1. The reorganisation of the Office of the Prosecutor shall be completed within a three-month period from the date of the coming into force of this Law.
With the coming into force of this Law, the Law On the Prosecutorial Supervision in the Republic of Latvia (Latvijas Republikas Augstākās Padomes un Valdības Ziņotājs, 1990, No. 41) is repealed.
2. Persons, who as a result of reorganisation of the Investigation Department of the Ministry of the Interior move to work for the Office of the Prosecutor and for whom not more than five years until receipt of the service pension of an employee of the Ministry of the Interior have remained, retain the right to receive such pension.
The length of the service which gives the right to the service pension of a prosecutor shall also include the period of work in the office of an investigator in the Ministry of the Interior system. If a right concurrently arises for a prosecutor both to the service pension of a prosecutor and to the service pension of an employee of the Ministry of the Interior, he or she is entitled to receive only one service pension of his or her choice.
3. The Prosecutor General of the Republic of Latvia appointed on 26 September 1990 shall continue to perform his duties until the expiration of the term of office in the grade of a chief State advisor for judicial proceedings. He shall take the oath of a prosecutor before the Chief Justice of the Supreme Court. The Prosecutor General shall ensure the reorganisation of the Office of the Prosecutor and for this purpose within a three-month period from the date of coming into force of this Law shall:
1) approve the structure and personnel of the Office of the Prosecutor;
2) determine procedures whereby grades of office are to be granted to the prosecutors to whom the grades of service had been granted in accordance with the procedures prescribed by Law On the Prosecutorial Supervision in the Republic of Latvia;
3) determine procedures whereby the length of service in the speciality of a lawyer is to be included;
4) ensure the approval of by-laws of certification and qualifications commissions and the establishing of such commissions.
During the reorganisation the Prosecutor General is entitled to assign prosecutors to perform duties irrespective of the office held by them.
4. The requirements determined in Section 33, Paragraph one of this Law shall not apply to persons currently employed by the Office of the Prosecutor as well as persons currently employed by the Investigation Department of the Ministry of the Interior who during the process of reorganisation of the department move to work for the Office of the Prosecutor.
Students, who upon the coming into force of this Law acquire the speciality of a lawyer and have worked for the Office of the Prosecutor or the Investigation Department of the Ministry of the Interior for more than a year, may take a qualification examination and may be appointed to the office of a prosecutor, but other students may continue to serve their apprenticeship as candidates for a prosecutor of a district (Republic city) until acquiring of higher education.
Persons who already work for the Office of the Prosecutor or the Investigation Department of the Ministry of the Interior and who have higher legal education but their length of service in the speciality of a lawyer is less than a year must pass a qualification examination. Other prosecutors (within the meaning of the 26 September 1990 Law On Prosecutorial Supervision in the Republic of Latvia) and investigators of the Office of the Prosecutor shall continue their work at the Office of the Prosecutor without taking a qualification examination, but investigators of the Investigation Department of the Ministry of the Interior who have moved to work for the Office of the Prosecutor shall be subject to certification without taking a qualification examination.
Employees of the Office of the Prosecutor who in accordance with the requirements of this Law may not thereafter hold the office of a prosecutor shall be removed from office, paying them compensation in the amount of three months salary.
This Law shall come into force on 1 July 1994.
This Law was adopted by the Saeima on 19 May 1994.
President G. Ulmanis
Riga, 2 June 1994
1 The Parliament of the Republic of Latvia
Translation © 2000 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)