The Saeima ¹ has adopted and
the President has proclaimed the following law:

On the Procedures for the Coming into Force and Application of the Criminal Law

[24 October 2002]

Section 1. It is determined that the Criminal Law shall come into force on 1 April 1999.

Section 2. (1) Criminal proceedings in the proceedings of pre-trial investigation offices and in the courts, regarding offences under Sections 77 and 79; Section 112, Paragraphs one and two; Section 112.¹, Paragraph one; Section 134, Paragraph one and Sections 134.¹, 145.¹, 149, 149.³, 150.², 150.⁵, 161.¹⁰, 179, 180, 194.², 195.¹, 195.², 195.³, 196, 209.¹ and 211 of the Criminal Code of Latvia, shall be terminated.

(2) The criminal proceedings in the proceedings of pre-trial investigating institutions and in courts, which are qualified on the basis of Section 253 of the Criminal Law (17 June 1998 version with amendments made by amending laws of 18 May 2000 and 24 April 2002), regarding illegal activities with narcotic and psychotropic substances - the manufacture, acquisition, storage and transportation thereof, shall be terminated if in accordance with Annex 2 to this Law such are recognised as committed on a small scale.

[24 October 2002]

Section 3. The criminal proceedings in the proceedings of pre-trial investigating institutions regarding offences listed in Section 2 of this Law shall be terminated by a decision of a prosecutor.

Section 4. The criminal proceedings in the proceedings of courts regarding offences referred to in Section 2 of this Law shall be terminated by a decision of a court taken in a court procedural hearing or a court hearing.

Section 5. Persons who, prior to the Criminal Law coming into force, have been convicted of criminal offences, which in accordance with the Criminal Law are not considered criminal offences, that is, for offences, which are referred to in Section 2 of this Law, shall be released from serving the basic punishment and additional punishment.

Section 6. Persons specified in Section 5 of this Law shall, on the basis of a submission of the institution by which the judgment is to be enforced, be released from their sentence by the district (city) court for the place where the sentence is being served, in accordance with the procedures of Section 374 of the Criminal Procedure Code of Latvia. Persons the judgment on whom has not been given for enforcement shall be released from their sentence by the court in accordance with the procedures of Section 373 of the Criminal Procedure Code of Latvia.

Section 7. The court may, on the basis of a submission by such persons, set aside the criminal record of persons who have been released from serving their sentence in accordance with Section 5 of this Law, as well as of persons who have already served their sentence or who have been released early if such persons have been convicted of the offences referred to in Section 2 of this Law and their criminal record has not been extinguished.

Section 8. Judgments shall be amended for persons who have been convicted according to the sections referred to in Section 2 of this Law and also other sections of the Criminal Code of Latvia, taking into account that such persons shall be released from all types of sentences imposed on them for the offences referred to in Section 2 of this Law.

Section 9. Cases regarding amending of a judgment for persons who have been convicted for the offences referred to in Section 2 of this Law, as well as for other offences, shall be examined by the relevant court of the same designation [district (city), regional] in accordance with the procedures provided for in Section 6 of this Law.

Section 10. (1) Sentences shall be reduced to the maximum sentence provided for in the relevant section of the Criminal Law to the persons which have been convicted according to sections of the Criminal Code of the Latvian S.S.R. or the Criminal Code of Latvia, which are not referred to in Section 2 of this Law and who are serving a sentence, if the sentence imposed by the court is more severe than the maximum sentence provided for in the relevant section of the Criminal Law.

(2) Sentences shall be reduced to maximum sentence provided for in Section 253 or 253.¹ of the Criminal Law for persons who have been convicted for illegal activities with especially dangerous narcotic or psychotropic substances, if such have not been committed on a small scale and if the sentence imposed by the court is more severe than the maximum sentence provided for in the relevant section of the Criminal Law.

[24 October 2002]

Section 11. Matters regarding reduction of sentence to persons referred to in Section 10 of this Law shall be examined by the relevant court of the same designation [district (city), regional] in accordance with the procedures provided for in Section 6 of this Law.

Section 12. Confiscation of property shall not be applied to persons referred to in Sections 5 and 10 of this Law if at the time this Law comes into force the part of the judgment concerning confiscation of property has not been enforced, the property has not been taken and the relevant section of the Criminal Law does not provide for the confiscation of property.

Section 13. Persons convicted prior to the Criminal Law coming into force shall serve the sentence imposed according to the relevant section of the Criminal Code of the Latvian S.S.R. or the Criminal Code of Latvia, except in the cases referred to in Sections 5 and 10 of this Law.

Section 14. The provisions of Sections 10 and 12 of this Law shall not apply to persons who are especially dangerous recidivists and who have been convicted of offences according to the phrase "if such is committed by an especially dangerous recidivist", as provided for in sections of the Criminal Code of the Latvian S.S.R. or of the Criminal Code of Latvia.

Section 15. The type of sentence provided for in Section 72, Section 72.¹, Paragraph two, Section 99, Clauses 1, 2, 5, 6, 7, 9 (except murder if committed by a person serving a life imprisonment) and 10, Section 121, Paragraph four and Section 214.², Paragraph three of the Criminal Code of Latvia - the death penalty - shall not be imposed from the time this Law comes into force.

Section 15.¹

[1 December 2011]

Section 16. Persons who, prior to the Criminal Law coming into force, have been convicted by the application of Section 43.¹ of the Criminal Code of Latvia with deprivation of liberty, that is, by postponing the enforcement of the sentence, and regarding whom the term for the postponement of the sentence enforcement has not expired, shall be deemed to have a conditional sentence with a probationary period until the expiry of the abovementioned time period.

Section 17. Persons who prior to the coming into force of the Criminal Law have committed criminal offences for which criminal liability is provided for under sections of the Criminal Code of Latvia, except for the offences referred to in Section 2 of this Law, shall be held criminally liable and punished under the Criminal Code of Latvia, therewith taking into consideration that criminal liability may not come into effect if the relevant section of the Criminal Law does not contain those elements of the criminal offence which are set out in the section of the Criminal Code of Latvia.

Section 18. The provisions of Sections 10, 12, 13 and 17 of this Law shall not apply to persons, who, prior to the coming into force of the Criminal Law, have committed a crime provided for in Sections 139, 141, 142 and 144 of the Criminal Code of Latvia, that is, have committed theft, fraud or misappropriation, including on a small scale, or an assault for the purpose of robbery with the intent to gain property, if the property was not stolen.

Section 19. Persons, who have committed separate criminal offences (including continuous and continuing criminal offences) provided for in the Criminal Law and which were commenced prior to the coming into force of the Criminal Law, but were completed or terminated afterwards, shall be held criminally liable and punished in accordance with the relevant section of the Criminal Law.

Section 19.¹ Stealing of movable property shall be deemed a completed criminal offence from the moment when a person has obtained it illegally, regardless of whether the person had had an opportunity of acting with the relevant property as his or her own.

[15 May 2008]

Section 19.² (1) A misdemeanour shall be an offence that has resulted in property loss which at the time of committing the criminal offence has been less than half of the minimum monthly wage specified in the Republic of Latvia at that time, or the endangering of the interests protected by law caused thereby is small.

(2) Such criminal offence provided for in Section 221.⁶ of the Criminal Law shall be recognised as a misdemeanour which has been committed without exceeding the following quantities of tobacco products:

1) 20 cigarettes;

2) 10 cigarillos;

3) 5 cigars;

4) 30 grams of smoking, heated tobacco, snuff or chewing tobacco or tobacco leaves, tobacco products for oral use or other tobacco products.

[11 June 2020; 3 September 2020]

Section 19.³ Within the meaning of Sections 199, 323, and 326.³ of the Criminal Law, commercial bribery, giving of bribes, or unlawful giving of benefits through an intermediary shall also be such activities when the person, in entrusting the intermediary with material values, properties or benefits of other nature, has knowingly allowed that the intermediary will commit commercial bribery, giving of bribes, or unlawful giving of benefits. In such case, it is irrelevant whether the intermediary was given a specific recipient of unlawful benefit and it is also irrelevant under what circumstances and to what extent it is to be given.

[7 April 2022]

Section 20. Liability for an offence, provided for in the Criminal Law, which has been committed on a large scale, shall apply if the total value of the property which was the object of the offence was not less than the total of fifty minimum monthly wages specified in the Republic of Latvia at that time. The value of the property shall be determined according to the market prices or prices equivalent thereto at the time when the offence was committed.

[1 December 2011]

Section 20.¹ (1) Liability for the offence provided for in Sections 190, 191, and 221 (in relation to alcohol or other alcoholic beverages), and also Sections 221.¹ and 221.² of the Criminal Law which has been committed on a large scale shall apply if the quantity of alcoholic beverage reaches 20 litres of absolute alcohol.

(2) Liability for the criminal offence provided for in Sections 190, 191, and 221 of the Criminal Law (in relation to tobacco products) which has been committed on a large scale shall apply if the quantity of tobacco products reaches:

1) 25 000 cigarettes;

2) 12 500 cigarillos;

3) 6250 cigars;

4) 6250 grams of smoking, heated tobacco, snuff or chewing tobacco or tobacco leaves, tobacco products for oral use or other tobacco products.

[19 November 2009; 25 April 2013; 3 September 2020]

Section 21. The provisions of Section 20 of this Law shall not apply to the qualification of the offence provided for in Section 190.¹, Paragraph two, Section 253, Paragraph two and Section 253.¹, Paragraph three of the Criminal Law, if such has been committed on a large scale.

[24 October 2002]

Section 22. (1) Liability for a criminal offence provided for in the Criminal Law which has been committed on a small scale shall apply if the offender had the intention to acquire property which was the object of a criminal offence, the value of which at the time when the offence was committed did not exceed one minimum monthly wage as specified in the Republic of Latvia at that time. The value of the property shall be determined according to the market prices or prices equivalent thereto at the time when the offence was committed.

(2) Liability for a criminal offence provided for in Section 221.⁶ of the Criminal Law which has been committed on a small scale shall apply if the quantity of tobacco products is lower than the quantity laid down in Section 23.¹, Paragraph three of this Law.

[29 October 2015; 3 September 2020]

Section 22.¹ The provisions of Section 22 of this Law shall not apply to the qualification of the criminal offence provided for in Section 253.² of the Criminal Law, if such has been committed on a small scale.

[24 October 2002]

Section 23. (1) Liability for a criminal offence provided for in the Criminal Law causing substantial harm shall apply if due to the criminal offence any of the following consequences have set in:

1) property loss has been suffered which at the time of committing the criminal offence has not been less than the total of five minimum monthly wages specified in the Republic of Latvia at that time, and also other interests protected by law have been threatened;

2) property loss has been suffered which at the time of committing the criminal offence has not been less than the total of ten minimum monthly wages specified in the Republic of Latvia at that time;

3) other interests protected by law have been significantly threatened.

(2) [29 October 2015]

(3) The criteria for endangering of the interests protected by law resulting from criminal offences may be specified in annexes to this Law.

[8 June 2000; 9 May 2002; 25 April 2013; 29 October 2015]

Section 23.¹ (1) Liability for a criminal offence provided for in the Criminal Law, which has been committed on a significant scale, shall apply if the total value of the property which was the object of the criminal offence was not less than the total of ten minimum monthly wages specified in the Republic of Latvia at that time. The value of the property shall be determined according to the market prices or prices equivalent thereto at the time when the offence was committed.

(2) Liability for a criminal offence provided for in Sections 190, 191, and 221 (in relation to alcohol or other alcoholic beverages) and Sections 221.¹ and 221.² of the Criminal Law which has been committed on a significant scale shall apply if the quantity of alcoholic beverage reaches 10 litres of absolute alcohol.

(3) Liability for a criminal offence provided for in Sections 190, 191, and 221 of the Criminal Law (in relation to tobacco products) which has been committed on a significant scale shall apply if the quantity of tobacco products reaches:

1) 5000 cigarettes;

2) 2500 cigarillos;

3) 1250 cigars;

4) 1250 grams of smoking, heated tobacco, snuff or chewing tobacco or tobacco leaves, tobacco products for oral use or other tobacco products.

[29 October 2015; 3 September 2020]

Section 24. (1) Liability for a criminal offence provided for in the Criminal Law that has caused serious consequences shall apply if the criminal offence has resulted in death of a person, serious bodily injuries to at least one person, moderate bodily injuries to a number of persons have been caused, or property loss which was not less than the total of fifty minimum monthly wages specified in the Republic of Latvia at that time has been inflicted, or other serious harm has been caused to the interests protected by law.

(2) The criteria for the specification of the level of seriousness of bodily injury are provided for in annexes to this Law.

(3) Liability for the criminal offence provided for in Section 193.² of the Criminal Law that has caused serious consequences shall apply if the gained profit, the prevented losses, the total scope of the submitted orders, the value of the used financial instruments or spot commodity contracts, or the total amount of the used means at the time of committing the criminal offence exceeds the total of fifty minimum monthly wages specified in the Republic of Latvia at that time.

[24 October 2002; 25 April 2013; 29 October 2015; 28 January 2016; 8 June 2017]

Section 24.¹ Torturing shall mean intentional repeated or continuous act or failure to act of a person, causing strong physical pain or mental suffering to another person, or intentional extraordinary act or failure to act of a person, causing strong physical pain or mental suffering to another person in order to influence his or her or another person`s consciousness or will.

[19 November 2009; 29 October 2015]

Section 24.² The property not to be confiscated for the convicted person or his or her dependants is specified in Annex 4 to this Law.

[25 April 2013]

Section 25. Upon the coming into force of the Criminal Law, the Criminal Code of Latvia is repealed.

Transitional Provisions

[4 March 1999]

1. The type of sentence - arrest - as provided for in the Criminal Law shall not be imposed until 1 January 2015. This condition shall not be applicable in cases when the court imposes the punishment provided for in the sections of Chapter XXV of the Criminal Law on a military person. Persons for whom the court replaces or has replaced up the day of the coming into force of such condition the sentence not served - community service or a fine - with arrest, shall serve it partly in a closed prison at the medium level of the sentence serving regime.

[9 May 2002; 12 December 2002; 15 February 2007; 16 June 2009; 19 November 2009]

2. [12 December 2002]

3. [24 October 2002]

4. For criminal offences that have been committed until 31 December 2017 the level of seriousness of bodily injury inflicted shall be determined in accordance with the law in force by 31 December 2017.

[8 June 2017]

5. If the criminal offence is related to illicit trafficking in narcotic substances, psychotropic substances, or precursors and has been committed until 31 May 2021, when holding the person criminally liable, the amounts of such substances shall be determined in accordance with the norms of Annex 2 to this Law which were in force at the time when the criminal offence was committed; moreover, taking into account that a person may not be held criminally liable for a criminal offence if after 31 May 2021 the amount of the relevant substances no longer corresponds to the amount for which criminal liability is provided for in accordance with the norms of Annex 2 to this Law.

[29 April 2021]

6. The criminal proceedings in the proceedings of investigating institutions, the Office of the Prosecutor, and courts regarding offences related to illicit trafficking in narcotic substances, psychotropic substances, or precursors shall be terminated in accordance with Section 377, Clause 2 of the Criminal Procedure Law in cases where after 31 May 2021 the amount of the relevant substances no longer corresponds to the amount for which criminal liability is provided for in accordance with the norms of Annex 2 to this Law. If the materials of the criminal case contain information on facts in relation to which an administrative punishment should be imposed on the person, the necessary materials shall be sent to the competent authority or official for examination in accordance with the procedures laid down in the Law on Administrative Liability.

[29 April 2021]

7. The criminal proceedings which are terminated by conditionally releasing the accused from criminal liability for the offences related to illicit trafficking in narcotic substances, psychotropic substances, or precursors and the decision in relation to the accused has not entered into effect in full amount shall be terminated in accordance with Section 377, Clause 2 of the Criminal Procedure Law in the case where after 31 May 2021 the amount of the relevant substances no longer corresponds to the amount for which criminal liability is provided for in accordance with the norms of Annex 2 to this Law.

[29 April 2021]

8. Amendments to Annex 2 to this Law which shall come into force on 1 June 2021 shall not apply to the persons who until 31 May 2021 have been convicted or for whom a punishment has been imposed under a prosecutor's penal order for criminal offences in relation to illicit trafficking in narcotic substances, psychotropic substances, or precursors.

[29 April 2021]

Informative Reference to European Union Directives

[28 January 2016]

This Law contains legal norms arising from:

1) Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law;

2) Directive 2014/57/EC of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive).

The Law shall come into force on the day following its proclamation.

The Law has been adopted by the Saeima on 15 October 1998.

President G. Ulmanis

Rīga, 4 November 1998

Law On the Procedures for the Coming into Force and Application of the Criminal Law

Annex 1

Criteria for Determination of Danger or Significant Danger to the Interests Protected by Law for the Preservation of the Forest Environment

[25 April 2013]

1. Interests protected by law for the preservation of the forest environment shall be endangered:

1) if in one or more forest stand or one or more parts thereof (a part of a forest stand is 0.1 hectares or larger area, in specially protected territories - 0.05 hectares or larger area) an area of 0.5 hectares has been destroyed, but in one or more forest stands the age of which is at least 10 years less that the age of the final felling, or in one or more of the parts thereof an area of 0.2 hectares or more has been destroyed;

2) if in one or more forest stands the age of which is at least 10 years less that the age of the final felling, or in one or more of the parts thereof an area of 1 hectare or more has been damaged in such an amount as the basal area has become at least 30 per cent less than the minimum basal area;

3) if in one or more forest stands in which clear felling has been prohibited, in one or more of the parts thereof an area of 0.2 hectares or more has been destroyed;

4) if in one or more forest stands in which final felling has been prohibited, in one or more of the parts thereof has been damaged in such an amount as the basal area of 0.2 hectares or more has become at least 30 per cent less than the minimum basal area. Exceptions are the cases referred to in Section 9, Paragraph two, Clauses 1 and 2 of the Law on Forests;

5) if in one or more forest stands in which economic activity has been prohibited, in one or more of the parts thereof an area of 0.1 hectares or more has been damaged;

6) in other cases if there is an opinion on the endangerment to the interests protected by law for the preservation of the forest environment.

2. Paragraph 1, Sub-paragraphs 1, 2 and 3 shall not apply to forest stands where the dominant species is white alder.

3. Endangerment to the interests protected by law for the preservation of the forest environment shall be taken into account if the size of the area damaged or destroyed referred to in Paragraph 1, Sub-paragraphs 1, 2, 3, 4 and 5 of this Annex has been exceeded at least two times.

4. An opinion on the endangerment or significant endangerment to the interests protected by law for the preservation of the forest environment shall be prepared by the territorial office of the State Forestry Service in which the supervised territory the criminal offence has been committed.

Law On the Procedures for the Coming into Force and Application of the Criminal Law

Annex 2

Narcotic Substances, Psychotropic Substances, and Precursors to Be Controlled in Latvia and Measurement Amounts of Their Illicit Trafficking

[29 April 2021; 2 June 2022]

I. General Provisions

1. The measurement amounts of the narcotic plants, substances and medicinal products and psychotropic substances and medicinal products included in Schedules I, II, III, and IV of narcotic substances, psychotropic substances, and precursors to be controlled in Latvia, and also the measurement amounts of precursors are established, taking into account the harm of the illicitly trafficked narcotic and psychotropic substances to human health and the level of danger in conformity with Schedules I, II, III, and IV.

2. The established amounts of substances shall also apply to:

1) derivatives of the substances included in Schedules I, II, and II, isomers, structural analogues, active metabolites, esters, ethers, and salts, including salts of derivatives, isomers, structural analogues, active metabolites, esters, and ethers;

2) medicinal products which contain the substances included in Schedules II and III, unless any exceptions are specified in laws and regulations;

3) stereoisomers of the substances included in Paragraph 18 of Schedule IV (except for cathine), if possible, and salts of the substances included in Paragraphs 18, 19, and 20 of Schedule IV, if possible and if they are not cathine, hydrochloric acid, and sulphuric acid salts.

3. The established amount of substance is calculated in any pharmaceutical form, mixture of substances, liquid, extract, infusion, and brew irrespective of the amount of impurities produced during the substance manufacturing process, unless any exceptions are provided for in the law.

4. If any of the substances included in Schedules II, III, and IV by its chemical structure also corresponds to the substances of Schedule I, the conditions of Schedule I shall not apply to such substance.

II. Schedule I (Prohibited Especially Dangerous Narcotic Substances, Equivalent Psychotropic Substances and Plants which Endanger Health, if Illicitly Trafficked and Abused)

5. Synthetic opioid analgesics:

6. Morphinan derivatives:

7. Plant products with narcotic effect:

8. Narcotic substances corresponding to the description:

9. Substances with psychotropic effect:

10. Plant Products with Psychotropic Effect:

11. Psychotropic substances corresponding to the description:

12. Mixture of plants, compressed mass, liquid, mixture of substances, impregnated paper containing any quantity of the substances referred to in Chapter II, Paragraph 8, Paragraph 9, Sub-paragraph 9, and Paragraph 11 of this Annex:

III. Schedule II (Very Dangerous Narcotic Substances and Equivalent Psychotropic Substances Permitted for Medical and Scientific Purposes)

13. Narcotic substances corresponding to the Schedule:

14. Psychotropic substances equivalent to narcotic substances corresponding to the Schedule:

15. Mixture of plants, compressed mass, liquid, mixture of substances, impregnated paper which contains any quantity of the substances referred to in Chapter III of this Annex:

IV. Schedule III (Dangerous Psychotropic Substances which might be Abused)

16. Psychotropic substances corresponding to the Schedule:

17. Mixture of plants, compressed mass, liquid, mixture of substances, impregnated paper which contains any quantity of the substances referred to in Chapter IV of this Annex:

V. Schedule IV (Substances which may be Used for Illicit Manufacture of Narcotic and Psychotropic Substances or Precursors)

18. Precursors of Category 1:

19. Precursors of Category II:

1) precursors of Category 2.a:

2) precursors of Category 2.b:

20. Precursors of Category III:

Law On the Procedures for the Coming into Force and Application of the Criminal Law

Annex 3

Criteria for the Specification of the Seriousness Level of Bodily Injury

[24 October 2002; 21 October 2010; 25 April 2013; 8 June 2017]

I. Evaluation of Bodily Injury

1. Bodily injury is an anatomical injury or functional disorders to the tissues, organs or systems of a human organism that have been caused as a result of mechanical, thermal, electrical, acoustic, radiation, chemical, biological or other effects. Also mental disorders or traumas that have been caused as a result of mental effects or the abovementioned effects shall be equivalent to bodily injury.

2. The seriousness level of bodily injury and the causal link thereof shall be determined by a forensic expert (hereinafter - the expert).

3. [8 June 2017]

4. It is mandatory for an expert to indicate in his or her opinion the following regarding the bodily injury:

1) the medical or psychological nature;

2) the possible cause;

3) the time it was caused;

4) the seriousness level.

5. In determining the seriousness level of a bodily injury, the expert shall be guided only by objective data, and not take into account all the health disorder time if such is not based upon the nature of the bodily injury.

6. The aggravation of a previous illness or health disorder after committing of bodily injury, as well as bodily injury complications, which have been caused by circumstances of an incident, the specific characteristics of the individual organism or as a result of medical treatment errors shall not be the basis for raising the seriousness level of a bodily injury. In such cases the expert shall indicate in the opinion that the health condition has deteriorated or the nature of complications and the causal link thereof with the abovementioned circumstances.

7. Traumatic changes in artificial joints - knees, hips and other joints or other implanted artificial objects shall not be evaluated as bodily injury. In such cases the body tissue injuries shall be evaluated on the basis of the real health disorder and the length thereof.

8. Injury to viable transplants - fingers, palms, nose, ear conches, kidneys and other transplanted organs shall be evaluated according to normal bodily injury evaluation criteria.

9. In determining the seriousness level of bodily injury to children or persons who are older than 60 years of age, an expert shall take into account only the medical nature of the bodily injury irrespective of the duration of medical treatment.

10. [8 June 2017]

11. An opinion of the seriousness level of a bodily injury shall be justified by the expert with medical or other objective data. If the bodily injury corresponds to the features of various seriousness levels, the expert shall evaluate each bodily injury separately starting with the most serious, or evaluate the bodily injury in general according to the most serious. Bodily injury caused at various times shall be evaluated separately. The expert shall substantiate the seriousness level of a mental disorder or mental trauma with data obtained from the case materials, and also from data obtained during psychiatric or psychological evaluation.

12. An expert may give an opinion on the seriousness level of a bodily injury prior to the completion of medical treatment if the seriousness and consequences of the bodily injury, on the basis of objective data, does not cause doubts. In the case where the consequences of bodily injury cannot be clearly foreseen, the expert shall postpone the evaluation of the seriousness of the bodily injury by requesting the necessary materials from the person directing the proceedings.

13. The amount of the ongoing health disorder caused by the bodily injury shall be determined during a forensic medical examination and expressed in percentage.

II. Serious Bodily Injuries

14. Serious bodily injuries are such bodily injuries, which have been the reason for:

1) a threat to life (bodily injuries dangerous to life);

2) loss of organ or the functions thereof;

3) ongoing health disorder (the ongoing health disorder determined during the forensic medical examination exceeds the amount of 30 per cent);

4) termination of pregnancy;

5) irreparable facial disfigurement;

6) mental disorder with a chronic course or mental trauma with permanent consequences which affects the social adaptation of a person significantly.

15. Dangerous to life are bodily injuries, which at the moment of being committed or at a later time threaten the life of the victim. Dangerous to life are:

1) bodily injuries, which penetrate the cranial, chest and abdominal cavity or spinal cord, also without damage to internal organs;

2) closed and open fractures of cranial vault or basilar bones, except for isolated outer calvarial table fractures or isolated fractures of cranial bone processes outside the cranial cavity if there are no other dangerous to life intracranial damage;

3) damage to large blood vessels - aorta, common, external and internal carotid arteries, lower collarbone, armpit, humerus, pelvis, thigh, hamstring arteries or corresponding types of blood vessels;

4) the place of fractures to long tubular bones - open diaphyseal fractures of humerus, femur, tibia - is connected to the outer environment through the wound;

5) fractures of the cervical vertebrae (including fractures to tooth-shaped projection on the second vertebra), fractures-sprains or sprains, except for isolated vertebra projection fractures;

6) one or more chest or waist vertebra fractures or fractures-sprains with disturbance of the functions of spinal cord or clinically manifested shock signs;

7) pelvic bones' fractures with damage to internal organs or clinically manifested shock, or acute dangerous to life loss of blood, and also pelvic ring fractures that have caused the deformation and instability thereof;

8) damage to the cerebrum and the cover thereof with symptoms, which attest to serious cerebral coma (3-8 points on the Glasgow Coma Scale), damage to the trunk or manifested cerebral oedema, intracranial haemorrhage or post-traumatic hygroma, which causes dangerous cerebral displacement and compression;

9) damage to internal organs, as well as endocrine glands with symptoms which attest to danger to life;

10) other damage, which has caused some dangerous to life circumstances:

a) coma,

b) clinically manifested shock,

c) massive loss of blood,

d) respiratory and blood circulation incompetence syndrome,

e) liver or kidney incompetence syndrome,

f) acute hormonal dysfunction syndrome,

g) septic condition in the course of traumatic illness,

h) regional and organ blood circulation incompetence syndrome;

11) penetrating damage to the throat, larynx, windpipe and oesophagus, as well as closed fractures to the larynx and windpipe cartilage with clinically manifested shock and respiratory problems;

12) compression of throat organs with manifest asphyxiation phenomenon complex: cerebral blood circulation disturbance, unconsciousness, amnesia, and other;

13) II a level burns which cover more than 20 per cent of the body surface; IIb and III level burns which cover not less than 10 per cent of the body surface; respiratory tract burns with manifest oedema and glottal narrowing which have caused respiratory problems dangerous to life;

14) multiple bone fractures:

a) closed fractures to two or several long tubular bones - femur, tibia, humerus - or also any closed complex tubular bones fractures together with fractures to two or several pelvic bones, or fractures to the body or arch of two or several thoracic or lumber vertebrae,

b) fractures to several ribs either on one side or both sides (not less than five) along two or more lines if they have caused rib cage deformation or instability or also significant pulmonary ventilation disturbances with accumulation of air and blood in the pleural cavity and pulmonary deflation.

16. Loss of organ or the function thereof is:

1) complete loss of vision in both eyes (incurable blindness), as well as such a condition when the victim cannot count fingers at a distance of two metres and closer, or other serious visual disturbance, which conforms to a Group 1 disability for eyes; complete loss of vision in one eye shall be evaluated on the basis of the feature - ongoing health disorder in the amount of more than 30 per cent (possible correction of visual disturbance with optical glasses shall not be taken into account); the removal of the blind eyeball causes irreparable changes to the face - facial asymmetry;

2) complete loss of hearing in both ears (incurable deafness), as well as a condition when the victim cannot hear a loud voice at a distance of 3-5 centimetres from auricle; loss of hearing in one ear shall be evaluated on the basis of the feature - ongoing health disorder in the amount of more than 30 per cent;

3) loss of an organ or the function thereof which is expressed as:

a) loss of speech by which shall be understood such an incurable condition when the victim is unable to express his or her thoughts to others with understandable articulated sounds,

b) anatomical loss of hands, legs, also separation of palms and soles from the body, or loss of other organs or the functions thereof - paralysis or other condition of inactivity,

c) loss of reproductive capacity (the loss of ability to perform sexual intercourse, impregnation and fertilisation capacity, capability to give birth), and also full or partial removal of external genital organs, including full or partial removal of clitoris, labia minora or majora, or infibulation, except for manipulations carried out due to medical indications.

17. An expert shall not qualify damage to the face as disfigurement. The expert shall only determine the medical nature of the bodily injury and the level of seriousness, as well as the fact if the damage is irreparable.

18. [8 June 2017]

19. Bodily injury, which has been the reason for the termination of pregnancy irrespective of the pregnancy period, shall be serious bodily harm if only the cause of the termination of pregnancy is not the specific characteristics of the individual organism.

III. Medium Serious and Slight Bodily Injuries

20. Medium serious bodily injuries are the following bodily injuries:

1) isolated fractures to outer calvarial table, fractures to the eye periorbital area of ethmoid bone and isolated fractures to the lateral epicondyle of the occipital bone without danger to life symptoms;

2) fractures to the breastbone, one or several ribs without damage to internal organs;

3) incomplete or uncomplicated fractures to individual tubular bones;

4) fractures to the facial skeleton, except for uncomplicated fracture of nasal bones;

5) fractures to the body or cornicle of the hyoid bone without asphyxiation features;

6) fractures of the larynx cartilage without danger to life symptoms;

7) isolated damage to large joints and ligaments or cartilage of such joints - hip, knee, shoulder sprains, and also sprains of other joints if there is damage to joint capsule or severance of ligaments;

8) trauma of the cerebrum and the cover thereof which causes cognitive loss (9 to 12 points according to the Glasgow Coma Scale) and does not cause dangerous cerebral displacement and compression;

9) long-lasting health disorder exceeding 21 days;

10) ongoing health disorder in the amount of 10-30 per cent;

11) mental disorder or mental trauma affecting the social adaptation of a person on a long-term basis.

21. [8 June 2017]

22. [8 June 2017]

23. Light bodily injuries are bodily injuries that have caused short-term health disorders from 7 to 21 days, or the ongoing health disorder determined during the forensic medical examination is less than in the amount of 10 per cent.

24. [21 October 2010]

25. [21 October 2010]

Law On the Procedures for the Coming into Force and Application of the Criminal Law

Annex 4

Property not to be Confiscated for the Convicted Person or his or her Dependants

[25 April 2013]

In determining punishment - confiscation of property - the following property owned by a person shall not be confiscated:

1. Home furnishings, clothing and household items, which are necessary to the convicted person, his or her family and his or her dependants:

1) everyday clothing, footwear and underwear;

2) bedding accessories, nightwear and towels;

3) kitchen and table accessories for everyday use;

4) furniture - one bed and chair per each person, as well as one table and one closet per family;

5) all accessories for children.

2. Food products, which are necessary for the livelihood of the convicted person and his or her family.

3. Money in the amount of minimum monthly wage for the convicted person and each member of his or her family, if the family member is a dependant of the convicted person and he or she does not have other income.

4. Heating fuel, which is necessary for the family for cooking and heating of residential premises.

5. Equipment and tools, which are necessary to the convicted person in order to continue economic or professional activities, except in cases when the person has been recognised as insolvent or the right of the person to a specific occupation has been revoked by a ruling in criminal matter.

6. For persons whose occupation is agriculture - two animals of different genders from each species kept for farming purposes and one beehive, fodder for feeding of the referred to animals until harvesting of new fodder or letting of stock out to pasture, as well as seed and planting material.

7. Pets owned by the convicted person.

8. Dwelling in the ownership or joint ownership of the convicted person, which is the only dwelling of the convicted person and in which he or she resides on everyday basis.

9. Property without material value, confiscation of which would cause losses to the State.

10. Wedding ring.

11. Churches and religious items for the performance of ritual activities.

¹ The Parliament of the Republic of Latvia

Translation © 2022 Valsts valodas centrs (State Language Centre)