Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson..
Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of: 18 May 2000;
1 June 2000;
20 June 2001;
25 April 2002;
20 June 2002;
17 October 2002;
31 October 2002;
10 April 2003;
12 June 2003;
11 December 2003;
18 December 2003;
15 January 2004;
22 January 2004. 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.
The Saeima1 has adopted and the President has proclaimed the following Law:
1 The Parliament of the Republic of Latvia
The Criminal Law
General Part
Chapter I
General Provisions
Section 1. Basis of Criminal Liability - (1)
- Only a person who is guilty of committing a criminal offence, that is, one who deliberately (intentionally) or through negligence has committed an offence which is set out in this Law and which has all the constituent elements of a criminal offence, may be held criminally liable and sentenced.
- (2)
- No one shall be found guilty of committing a criminal offence and criminal punishment shall not be imposed upon anyone other than by judgment of a court and in accordance with law.
Section 2. Application of The Criminal Law in the Territory of Latvia
(1) The liability of a person who has committed a criminal offence in the territory of Latvia shall be determined in accordance with this Law.
Translation © 2004 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) (2) If a foreign diplomatic representative, or other person, who, in accordance with the laws in force or international agreements binding upon the Republic of Latvia, is not subject to the jurisdiction of the Republic of Latvia, has committed a criminal offence in the territory of Latvia, the issue of this person being held criminally liable shall be decided by diplomatic procedures or in accordance with bilateral agreements of the states.
Section 3. Applicability of The Criminal Law to Aircraft, and Sea and River Vessels Outside the Territory of Latvia
A person who has committed a criminal offence outside the territory of Latvia, on an aircraft, or a sea or river vessel or other floating means of conveyance, if this means of conveyance is registered in the Republic of Latvia and if it is not provided otherwise in international agreements binding upon the Republic of Latvia, shall be held liable in accordance with this Law.
Section 4. Applicability of The Criminal Law Outside the Territory of Latvia - (1)
- Latvian citizens and non-citizens, and aliens or stateless persons who have a permanent residence permit for the Republic of Latvia, shall be held liable in accordance with this Law for a criminal offence committed in the territory of another state.
- (2)
- Soldiers of the Republic of Latvia who are located outside the territory of Latvia shall be held liable for criminal offences in accordance with this Law, unless it is provided otherwise in international agreements binding upon the Republic of Latvia.
- (3)
- Aliens and stateless persons who do not have permanent residence permits for the Republic of Latvia and who have committed especially serious crimes in the territory of another state which have been directed against the Republic of Latvia or against the interests of its inhabitants, shall be held criminally liable in accordance with this Law irrespective of the laws of the state in which the crime has been committed, if they have not been held criminally liable or committed to stand trial in accordance with the laws of the state where the crime was committed.
- (4)
- Aliens or stateless persons who do not have a permanent residence permit for the Republic of Latvia and who have committed a criminal offence in the territory of another state, in the cases provided for in international agreements binding upon the Republic of Latvia, irrespective of the laws of the state in which the offence has been committed, shall be held liable in accordance with this Law if they have not been held criminally liable for such offence or committed to stand trial in the territory of another state. [17 October 2002]
Section 5. Time When The Criminal Law is In Force - (1)
- The criminality and punishability of an offence (act or failure to act) are determined by the law, which was in force at the time the offence was committed.
- (2)
- A law which recognises an offence as not punishable, reduces the sentence or otherwise is beneficial to a person, as long as it is not provided otherwise by the
Translation © 2004 Tulkošanas un terminoloģijas centrs (Translation and Terminology 2 Centre)
applicable law, has retrospective effect, that is, it applies to offences which have been committed prior to the applicable law coming into force, as well as to a person who is serving a sentence or has served a sentence but regarding whom conviction remains in effect. - (3)
- A law, which recognises an offence as punishable, increases the sentence, or is otherwise not beneficial to a person, does not have retrospective effect.
- (4)
- A person, who has committed an offence against humanity, an offence against peace, a war crime or has participated in genocide, shall be punishable irrespective of the time when such offence was committed.
Chapter II
Criminal Offences
Section 6. Concept of a Criminal Offence - (1)
- An offence (act or failure to act), committed deliberately (intentionally) or through negligence, provided for in this Law, and for the commission of which criminal punishment is set out, shall be considered a criminal offence.
- (2)
- An offence (act or failure to act) which has the constituent elements of an offence set out in this Law, but has been committed in circumstances, which exclude criminal liability, shall not be considered criminal.
Section 7. Classification of Criminal Offences - (1)
- Criminal offences are criminal violations and crimes. Crimes are sub-divided as follows: less serious crimes, serious crimes and especially serious crimes.
- (2)
- A criminal violation is an offence for which this Law provides for deprivation of liberty for a term not exceeding two years, or a lesser punishment.
- (3)
- A less serious crime is an intentional offence for which this Law provides for deprivation of liberty for a term exceeding two years but not exceeding five years, or an offence which has been committed through negligence and for which this Law provides for deprivation of liberty for a term exceeding two years.
- (4)
- A serious crime is an intentional offence for which this Law provides for deprivation of liberty for a term exceeding five years but not exceeding ten years.
- (5)
- An especially serious crime is an intentional offence for which this Law provides for deprivation of liberty for a term exceeding ten years, life imprisonment or the death penalty.
Section 8. Forms of Guilt - (1)
- Only a person who has committed a criminal offence deliberately (intentionally) or through negligence may be found guilty of it.
- (2)
- In determining the form of guilt of a person who has committed a criminal offence, the mental state of the person in relation to the objective elements of the criminal offence must be established.
Section 9. Commission of a Criminal Offence Deliberately (Intentionally)
A criminal offence shall be considered to have been committed deliberately (intentionally) if the person who has committed it has foreseen the consequences of the offence and has desired such (direct intent) or, even if such consequences have not been desired, nevertheless has knowingly allowed these to result (indirect intent).
Section 10. Commission of a Criminal Offence Through Negligence - (1)
- A criminal offence shall be considered to be committed through negligence if the person who committed it foresaw the possibility that the consequences of his or her act or failure to act would result and nevertheless carelessly relied on these being prevented (criminal self-reliance), or did not foresee the possibility that such consequences would result, although according to the actual circumstances of the offence he or she should and could have foreseen such (criminal neglect).
- (2)
- An offence provided for in this Law shall not be criminally punishable if the person did not foresee and should not and could not have foreseen the possibility that the consequences of his or her act or failure to act would result.
Section 11. Age at Which Criminal Liability Applies
A natural person may be held criminally liable who, on the day of the commission of a criminal offence, has attained fourteen years of age. A juvenile, that is, a person who has not attained fourteen years of age, may not be held criminally liable.
Section 12. Liability of a Natural Person as the Representative of a Legal Person
In a proceeding against a legal person regarding a criminal offence, the natural person who has committed such offence as the representative or at the instruction of the legal person concerned, or while in the service of the legal person, as well as a joint participant of such natural person, shall be criminally liable therefor.
Section 13. Mental Incapacity - (1)
- A person who, during the time of the commission of the offence, was in a state of mental incapacity, that is, due to a mental disorder or mental disability was not able to understand his or her acts or control them, may not be held criminally liable.
- (2)
- For a person who has been found to have a lack of mental capacity, the court shall order compulsory measures of a medical nature as set out in this Law.
Section 14. Diminished Mental Capacity
(1) If a person, at the time of the commission of a criminal offence, due to mental disorder or mental disability, was not able to understand his or her acts fully or control them, that is, was in a state of diminished mental capacity, the court may reduce the
Translation © 2004 Tulkošanas un terminoloģijas centrs (Translation and Terminology 4 Centre)
sentence to be adjudged or release such person from punishment, according to the actual circumstances of the offence.
(2) For a person who has been found to have diminished mental capacity, the court shall order compulsory measures of a medical nature as set out in this Law.
Section 15. Completed and Uncompleted Criminal Offences - (1)
- A criminal offence shall be considered completed if it has all the constituent elements of a criminal offence set out in this Law.
- (2)
- Preparation for a crime and an attempted crime are uncompleted criminal offences.
- (3)
- The locating of, or adaptation of, means or tools, or the intentional creation of circumstances conducive for the commission of an intentional offence, shall be considered to be preparation for a crime if, in addition, it has not been continued for reasons independent of the will of the guilty party. Criminal liability shall result only for preparation for serious or especially serious crimes.
- (4)
- A conscious act (failure to act), which is directly dedicated to intentional commission of a crime, shall be considered to be an attempted crime if the crime has not been completed for reasons independent of the will of the guilty party.
- (5)
- Liability for preparation for a crime or an attempted crime shall apply in accordance with the same Section of this Law as sets out liability for a specific offence.
- (6)
- A person shall not be held criminally liable for an attempt to commit a criminal violation.
Section 16. Voluntary Withdrawal - (1)
- Voluntary withdrawal from the commission of a criminal offence means the complete discontinuance by a person, pursuant to his or her will, of a criminal offence commenced by such person while knowing that the possibility exists to complete the commission of the criminal offence.
- (2)
- A person who has voluntarily withdrawn from the commission of a criminal offence shall not be held criminally liable. Such person shall be liable only in the case where the constituent elements of another criminal offence are present in his or her actually committed offence.
Section 17. Perpetrator of a Criminal Offence
A person, who himself or herself has directly committed a criminal offence or, in the commission of such, has employed another person who, in accordance with the provisions of this Law, may not be held criminally liable, shall be considered the perpetrator of a criminal offence.
Section 18. The Participation of Several Persons in a Criminal Offence
The participation by two or more persons knowingly in joint commission of an intentional criminal offence is participation or joint participation.
Section 19. Participation
Criminal acts committed knowingly by which two or more persons (that is, a group) jointly, knowing such, have directly committed an intentional criminal offence shall be considered to be participation (joint commission). Each of such persons is a participant (joint perpetrator) in the criminal offence.
Section 20. Joint Participation - (1)
- An act or failure to act committed knowingly, by which a person (joint participant) has jointly with another person (perpetrator), participated in the commission of an intentional criminal offence, but he himself or she herself has not been the direct perpetrator of it, shall be considered to be joint participation. Organisers, instigators and accessories are joint participants in a criminal offence.
- (2)
- A person who has organised or directed the commission of a criminal offence shall be considered to be an organiser.
- (3)
- A person who has induced another person to commit a criminal offence shall be considered to be an instigator.
- (4)
- A person who knowingly has promoted the commission of a criminal offence, providing advice, direction, or means, or removing impediments for the commission of such, as well as a person who has previously promised to conceal the perpetrator or joint participant, the instruments or means for committing the criminal offence, evidence of the criminal offence or the objects acquired by criminal means or has previously promised to acquire or to sell these objects shall be considered to be an accessory.
- (5)
- A joint participant shall be held liable in accordance with the same Section of this Law as that in which the liability of the perpetrator is set out.
- (6)
- Individual constituent elements of a criminal offence which refer to a perpetrator or joint participant do not affect the liability of other participants or joint participants.
- (7)
- If a joint participant has not had knowledge of a criminal offence committed by a perpetrator or other joint participants, he or she shall not be held criminally liable for such.
- (8)
- If the perpetrator has not completed the offence for reasons independent of his or her will, the joint participants are liable for joint participation in the relevant attempted offence. If the perpetrator has not commenced commission of the offence, the joint participants are liable for preparation for the relevant offence.
- (9)
- Voluntary withdrawal, by an organiser or instigator from the completing of commission of a criminal offence shall be considered as such only in cases when he or she, in due time, has done everything possible to prevent the commission with his or her joint participation of the contemplated criminal offence and this offence has not been committed. An accessory shall not be held criminally liable if he or she has voluntarily refused to provide promised assistance before the commencement of the criminal offence.
Section 21. Organised Groups - (1)
- An organised group is an association formed by more than two persons, which has been created for purposes of jointly committing criminal offences or serious or especially serious crimes and whose participants in accordance with previous agreement have divided responsibilities.
- (2)
- Liability of a person for the commission of an offence within an organised group
shall apply in the cases set forth in this Law for formation and leadership of a group,
and for participation in preparation for a serious or especially serious crime or in
commission of a criminal offence, irrespective of the role of the person in the jointly
committed offence.
[25 April 2002]
Section 22. Previously Unpromised Concealment or Failure to Inform - (1)
- Previously unpromised concealment of a perpetrator or joint participants in a crime, or of tools or means for commission of a crime, evidence of a crime or objects acquired by criminal means, or failure to inform about a crime are not joint participation, and criminal liability regarding such shall apply only in the cases provided for in this Law.
- (2)
- The betrothed, spouse, parents, children, brothers and sisters, grandparents and grandchildren of a person who has committed a crime are not liable for previously unpromised concealment or failure to inform.
- (3)
- In the cases set out in this Law other persons are also not liable for failure to inform.
Section 23. A Separate (Unitary) Criminal Offence - (1)
- A separate (unitary) criminal offence is one offence (act or failure to act) which has the constituent elements of one criminal offence, or also two or more mutually related criminal offences encompassed by the unitary purpose of the offender and which correspond to the constituent elements of only one criminal offence.
- (2)
- A separate (unitary) criminal offence is also constituted by continuous and continuing criminal offences.
- (3)
- A separate continuous criminal offence is constituted by several mutually related similar criminal acts which are directed to a common objective if they are encompassed by the unitary purpose of the offender, and therefore in their totality they form one criminal offence.
- (4)
- A separate continuing criminal offence is the uninterrupted realisation of the elements of one criminal offence (act or failure to act) which is associated with consequent continuing non-fulfilment of obligations which the law, with threat of criminal prosecution, has imposed upon the offender.
- (5)
- In cases specifically provided for in the Special Part of this Law, a separate (unitary) criminal offence is constituted by repetition, during a one-year period, of such violations of law as criminal liability applies for only when they are aggregate, that is, if it is determined that these violations of law have been committed not less
Translation © 2004 Tulkošanas un terminoloģijas centrs (Translation and Terminology 7 Centre)
than two times during this period, and if upon the previous occurrence they have, the violator knowing thereof, been recorded pursuant to procedures specified by law.
Section 24. Multiplicity of Criminal Offences - (1)
- Multiplicity of criminal offences is the commission by one person of two or more separate criminal offences which correspond to the constituent elements of several criminal offences, or to the constituent elements of only one criminal offence, but which are not encompassed by the unitary purpose of the offender, and also is the commission by a person of one criminal offence which corresponds to the constituent elements of at least two different criminal offences.
- (2)
- Multiplicity of criminal offences is constituted by repetition, aggregation and recidivism of criminal offences.
- (3)
- Multiplicity of criminal offences is constituted also by such criminal offences in
respect of which a sentence adjudged in a foreign state is served in Latvia.
[20 June 2002]
Section 25. Repetition of Criminal Offences - (1)
- Repetition of criminal offences is the commission by one person of two or more criminal offences which are provided for in one and the same Section of this Law, or two or more criminal offences which are provided for in various Sections of this Law, if liability for such repetition is provided for in this Law.
- (2)
- Repetition of a criminal offence is not constituted by an offence for the commission of which a person is released from criminal liability or for which a limitation period has become applicable, or for which the conviction has been set aside or extinguished pursuant to procedures set out in the Law.
- (3)
- In cases when the repetition of a criminal offence is provided for in this Law as a constituent element of a criminal offence, all repeated offences by the offender as provided for in one and the same section of this Law shall be examined only pursuant to that part of a section of this Law in which liability is provided for repeated criminal offences.
Section 26. Aggregation of Criminal Offences - (1)
- Aggregation of criminal offences shall be constituted by one criminal offence or several criminal offences committed by one person, which correspond to the constituent elements of two or more different criminal offences, if such person has not been prosecuted for any of these criminal offences and a limitation period for criminal liability has not become applicable.
- (2)
- One criminal offence committed by a person which corresponds to the constituent elements of several different criminal offences constitutes a conceptual aggregation of criminal offences.
- (3)
- Two or more mutually unrelated offences committed by a person which correspond to the constituent elements of several different criminal offences constitute a factual aggregation of criminal offences.
- (4)
- An aggregation of criminal offences is not constituted by an offence for the commission of which a person has been released from criminal liability.
Section 27. Recidivism of Criminal Offences
Recidivism of criminal offences is constituted by a new criminal offence being committed by a person after the prosecution of such person for a criminal offence committed earlier, if the conviction for such has not been set aside or extinguished.
Chapter III
Circumstances which Exclude Criminal Liability
Section 28. Circumstances Excluding Criminal Liability
Circumstances which exclude criminal liability, even if acts committed in such circumstances correspond to the constituent elements of a criminal offence provided for in this Law, are necessary self-defence, arrest causing personal harm, extreme necessity, justifiable professional risk, and the execution of a criminal command or criminal order.
Section 29. Necessary Self-defence - (1)
- Necessary self-defence is an act which is committed in defence of the interests of the State or the public, or the rights of oneself or another person, as well as in defence of a person against assault, or threats of assault, in such a manner that harm is caused to the assailant. Criminal liability for this act applies if the limits of necessary self-defence have been exceeded.
- (2)
- Protective acts manifestly disproportionate to the nature and the danger of the assault, which were not necessary in order to prevent or repel the assault and as a result of which harm is caused to the assailant, shall be considered as exceeding the limits of necessary self-defence.
- (3)
- Causing harm to the assailant through negligence, while repelling an assault, shall not be criminally punishable.
- (4)
- A person has the right to necessary self-defence, irrespective of the possibilities of avoiding the assault or turning to other persons for help.
Section 30. Apparent Self-defence - (1)
- Apparent self-defence occurs when an actual assault, as mentioned in Section 29 of this Law, is not taking place but a person mistakenly thinks that such an assault is taking place.
- (2)
- In cases when the circumstances of the offence have provided a basis for assuming that an actual assault is taking place but the person who has taken the defensive measures did not know that such an assumption was mistaken, and, additionally, he or she could not have and, moreover, should not have known it, the acts of such person shall be judged as necessary self-defence.
- (3)
- A person who has exceeded the limits of self-defence, which would be permissible in the circumstances of a corresponding actual assault, is liable similarly as for exceeding the limits of necessary self-defence.
- (4)
- A person who causes harm which corresponds to the elements of a criminal offence to an apparent assailant, not knowing that the assault is apparent, even if in the actual circumstances he or she should have and could have known such, shall be liable for the relevant offence similarly as for one which has been committed through negligence.
Section 31. Arrest Causing Personal Harm - (1)
- Arrest causing personal harm is an act which is directed against such person as is committing or has committed a criminal offence. Criminal liability for this act shall not apply if the harm allowed to be effected to the person is not evidently disproportionate to the character of the offence, non-compliance or resistance.
- (2)
- A person who, in carrying out an arrest, has violated conditions regarding the arrest, shall be liable for violating such conditions.
- (3)
- If the acts by which harm has been caused to the person to be arrested have not been necessary for his or her arrest, liability on a general basis applies for the harm caused.
- (4)
- The causing of harm to the arrested person through negligence shall not be criminally punishable.
Section 32. Acts of Extreme Necessity
An act of extreme necessity is an act which a person commits to prevent harm, which threatens the interests of the State or the public, the rights of the person or another person, or the person or another person, if in the actual circumstances it has not been possible to prevent the relevant harm by other means and if the harm caused is less than that which was prevented. Extreme necessity excludes criminal liability.
Section 33. Justifiable Professional Risk - (1)
- Criminal liability shall not apply for harm which has been committed through a professional act which has the constituent elements of a criminal offence, if such act has been committed in order to achieve a socially useful objective which was not possible to achieve by other means. The professional risk associated with this act shall be considered justifiable, if the person who has allowed the risk has taken all measures to prevent harm to legally protected interests.
- (2)
- The risk shall be considered not to be justified, if it is knowingly associated with a threat to the life of several persons or threatens to cause an ecological or public disaster.
Section 34. Execution of Criminal Commands or Criminal Orders
(1) Execution of a criminal command or a criminal order by the person who has executed it is justifiable only in those cases when the person did not know of the
Translation © 2004 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)
criminal nature of the command or the order and it was not manifest. In such cases, criminal liability shall nonetheless apply if crimes against humanity and peace, war crimes or genocide have been committed.
(2) A person who has not executed a criminal command or order shall not be held criminally liable.
Chapter IV
Sentence
Section 35. Sentence and Objective Thereof - (1)
- Sentence as provided for in The Criminal Law is a compulsory measure which a court, within the limits of this Law, adjudges on behalf of the State against persons guilty of the commission of a criminal offence.
- (2)
- The objective of sentence is to punish the offender for a committed criminal offence, as well as to achieve that the convicted person or other persons comply with the law and refrain from committing criminal offences.
Section 36. Forms of Punishment - (1)
- One of the following basic sentences may be adjudged against a person who has
committed a criminal offence: 1) the death penalty; 2) deprivation of liberty; 3) custodial arrest; 4) community service; or 5) a fine.
- (2)
- In addition to a basic sentence, the following additional sentences may be
adjudged: 1) confiscation of property; 2) deportation from the Republic of Latvia; 3) a fine; 4) limitation of rights; and 5) police supervision.
- (3)
- Procedures for serving a sentence shall be determined in accordance with law.
Section 37. Death Penalty - (1)
- The death penalty – death by shooting – may be adjudged only for murder in
especially aggravating circumstances.
- (2)
- The death penalty may only be applied where a crime has been committed in time
of war.
- (3)
- The death penalty may not be applied to persons who, as of committing of the
crime, have not attained eighteen years of age, and to women.
[18 May 2000]
Section 38. Deprivation of Liberty - (1)
- Deprivation of liberty is the compulsory imprisonment of a person.
- (2)
- Deprivation of liberty shall be determined for a term of not less than six months and not exceeding fifteen years, but for especially serious crimes – for a term not exceeding twenty years.
- (3)
- In cases specifically provided for in this Law, deprivation of liberty may be determined for life (life sentence).
- (4)
- The term of deprivation of liberty shall be determined in years and months, but in cases provided for in this Law, also in days.
Section 39. Custodial Arrest - (1)
- Custodial arrest is the holding of a person in short-term compulsory imprisonment.
- (2)
- Custodial arrest shall be determined for a term of not less than three days and not exceeding six months. When substituting custodial arrest for a fine, a term not exceeding one year may be determined for such.
- (3)
- During a term of custodial arrest, a person may be involved in performing indispensable public work, as determined by a local government.
- (4)
- Soldiers shall serve their sentence in the guardhouse.
- (5)
- Custodial arrest may not be applied to pregnant women and mothers caring for an
infant not exceeding one year of age.
[17 October 2002]
Section 40. Community Service - (1)
- Community service is compulsory participation in indispensable public service which a convicted person serves as punishment by doing work, in the area where he or she resides, as specified by the local government during free time outside regular employment or studies and without remuneration. Community service shall be determined for a term of not less than forty hours and not exceeding two hundred and eighty hours.
- (2)
- Community service is not applicable to persons disabled from working and to soldiers.
- (3)
- If a person sentenced with community service evades, in bad faith, serving the
sentence, a court shall substitute custodial arrest for the unserved sentence, calculating
two hours of work as one day of custodial arrest.
[25 April 2002; 17 October 2002]