- Part A General Provisions
- Division OnePersons Involved in Criminal Proceedings
- Chapter 3Officials who Perform Criminal Proceedings
- Chapter 4Conditions that Prohibit the Performance of Criminal Proceedings
- Chapter 5Persons who Implement Assistance of Counsel
- Chapter 6Victims and the Representation thereof
- Chapter 7Other Persons Involved in Criminal Proceedings
- Chapter 8Immunity from Criminal Proceedings
- Division TwoEvidence and Investigative actions
- Division ThreeProcedural Compulsory Measures and Sanctions
- Division Four Special Procedural Protection
- Division FiveProcedural Terms and Documents
- Division SixFinancial Matters in Criminal Proceedings
- Part BPre-trial Criminal Proceedings and Court Proceedings in Criminal cases
- Division SevenPre-trial Criminal Proceedings
- Chapter 31General Provisions of Pre-trial Criminal Proceedings
- Chapter 32Investigation
- Chapter 33Criminal Prosecution
- Chapter 34Special Features of Pre-trial Proceedings in Terminating CriminalProceedings, Conditionally Releasing from Criminal Liability
- Chapter 35Special Features of Pre-trial Criminal Proceedings, Applying the Injunctionof a Public Prosecutor regarding a Penalty
- Chapter 36Special Features of Pre-trial Proceedings, Applying Urgent Procedures
- Chapter 37Special Features of Pre-trial Proceedings in Accordance with SummaryProcedures
- Chapter 38Application of an Agreement in Pre-trial Criminal Proceedings
- Chapter 39Special Features of Pre-trial Criminal Proceeding Applying CoerciveMeasures to a Legal Person
- Division EightGeneral Provisions of Court Proceedings
- Division NineAdjudication of a Case in a Court of First Instance
- Chapter 45Preparation of a Criminal Case for Trial
- Chapter 47Judgments
- Chapter 46Trials
- Chapter 48Special Features of Court Proceedings in the Case of a Settlement between aVictim and an Accused
- Chapter 49Special Features of Court Proceedings in relation to an Agreement enteredinto during Pre-trial Proceedings
- Chapter 50Special Features of Court Proceedings in Entering Into an Agreement inTrial Proceedings
- Chapter 51Special Features of Court Proceedings in Proceedings regarding theApplicationof Coercive measures on Legal Persons
- Part 10Adjudication of a Case in a Court of Appeals and a Court of cassation
- Division ElevenSpecial Features of Criminal Proceedings in Cases of Separate Categories
- Chapter 55Criminal Proceedings in Determining Compulsory Measures of a MedicalNature
- Chapter 56Criminal Proceedings in Cases regarding the Exoneration of a DeceasedPerson
- Chapter 57Special Features of Court Proceedings in Adjudicating Complaints regardingthe Justificationfor the Termination of Criminal Proceedings
- Chapter 58Criminal Proceedings in Private Prosecution Cases
- Chapter 59Proceedings regarding Criminally Acquired Property
- Division TwelveEntering into Effect of an Adjudication and Examination of Matters relatedto Adjudications
- Division ThirteenReview of Adjudications
- Division FourteenExtradition
- Division FifteenTakeover of Criminal Proceedings
- Division SixteenTakeover of a Convicted Person for the Serving of a Sentence
- Division SeventeenRecognition and Fulfilment of the Criminal Judgments of Another State
- Division EighteenAssistance in the Performance of Procedural actions
- Division NineteenSeparate Matters of International Co-operation
Tulkošanas un terminoloģijas centra tulkojums
Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and
Terminology Centre) with amending laws of:
28 September 2005;
19 January 2006;
21 December 2006;
17 May 2007.
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 Saeima 1 has adopted and the President has proclaimed the following Law:
Part A General Provisions
Section 1. Purpose of the Criminal Procedure Law
The purpose of the Criminal Procedure Law is to determine the order of criminal procedure – investigation of a criminal offence, criminal prosecution, and the trial of a criminal case – that ensures the effective application of the norms of the Criminal Law and the fair regulation of criminal legal relations without unjustified intervention in the life of a person.
Section 2. Sources of the Rights of Criminal Procedure Section 3. Power of the Criminal Procedure Law in Space
The Criminal Procedure Law shall determine a uniform procedural order in all criminal proceedings that are performed by persons authorised to perform such proceedings for criminal offences existing within the jurisdiction of Latvia.
Section 4. Power of the Criminal Procedure Law in Time
The order of criminal proceedings shall be determined by the criminal procedure legal norm that is in effect at the moment of the performing of the procedural activity.
Section 5. Application of the Law in International Co-operation
The legal norm of a foreign state indicated in a request motivated by the foreign state may be applied in international co-operation without additional examining of the validity thereof.
Section 6. Mandatory Nature of Criminal Procedure
The official who is authorised to perform criminal proceedings has a duty to initiate criminal proceedings and to lead such proceedings to the fair regulation of criminal legal relations provided for in the Criminal Law in each case where the reason and grounds for initiating criminal proceedings have become known.
Section 7. Public and Private Prosecution Section 8. Principle of Equality
The Criminal Procedure Law shall determine a uniform procedural order for all persons involved in criminal proceedings irrespective of the origin, social and financial situation, employment, citizenship, race, nationality, attitude toward religion, sex, education, language, place of residence, and other conditions of such persons.
Section 9. Criminal Procedural Duty Section 10. Immunity from Criminal Proceedings
Immunity from criminal proceedings completely or partially frees a person from participation in criminal proceedings, as well as from the provision of evidence and the issuance of documents and objects, and prohibits or restricts the right to perform the criminal prosecution of such person and to apply compulsory measures against such person, as well as the right to enter and perform investigative activities on the premises in the possession of such person.
Section 11. Language to be used in Criminal Proceedings
(1) Criminal proceedings shall take place in the official language. [19 January 2006]
Section 12. Guaranteeing of Civil Rights Section 13. Prohibition of Torture and Debasement Section 14. Rights to the Completion of Criminal Proceedings in a Reasonable Term Section 15. Rights to the Adjudication of a Matter in Court
Each person has a right to the adjudication of a matter in a fair, objective, and independent court.
Section 16. Rights to the Objective Progress of Criminal Proceedings Section 17. Separation of Procedural Functions
The function of a control of restrictions of human rights in a pre-trial investigation, and the function of prosecution, defence, and court adjudication in criminal proceedings shall be separate.
Section 18. Equivalence of Procedural Authorisations
This Law determines that persons involved in criminal proceedings have authorisation (rights and duties) that ensures for such persons equivalent actualisation of the tasks and guaranteed rights specified in regulatory enactments.
Section 19. Presumption of Innocence Section 20. Rights to Assistance of Counsel Section 21. Rights to Co-operation Section 22. Rights to Compensation regarding Inflicted Harm
A person upon whom harm has been inflicted by a criminal offence shall, taking into account the moral injury, physical suffering, and financial loss thereof, be guaranteed procedural opportunities for the requesting and receipt of moral and financial compensation.
Section 23. Court Adjudication
In criminal cases, court shall be adjudicated by a court, examining and deciding, in hearings, the validity of a charge raised against a person, acquitting innocent persons, or recognising persons as innocent in the committing of a criminal offence and determining the compulsory execution, by State institutions and persons, of a regulation of criminal legal relations that, if necessary, shall be implemented by forced execution.
Section 24. Defence of a Person and Property in the Case of a Threat Section 25. Inadmissibility of Double Penalising (ne bis in idem) Division One Persons Involved in Criminal Proceedings
Section 26. Authorisation to Perform Criminal Proceedings
(1) The authorisation to perform criminal proceedings on behalf of the State shall be held only by officials of the institutions specified in this Law who have been granted such authorisation in connection with an office to be held or an order of the heads of institutions.
(2) The following shall have authorisation in a concrete criminal proceeding: 1) the person directing the proceedings; 2) a member of the investigative group; 3) the supervising public prosecutor; 4) an official authorised to perform criminal proceedings who executes the task of the
person directing the proceedings, a member of the investigative group, or the court to conduct procedural actions (hereinafter – executor of procedural tasks);
5) an expert from an expert-examination institution;
6) an expert who does not work at an expert-examination institution, if the person directing the criminal proceedings has assigned him or her to perform an expert-examination;
7) an auditor on the assignment of the person directing the proceedings; 8) the direct supervisor of an investigator; 9) the senior public prosecutor;
10) the investigating judge;
11) the upholder of the indictment. Section 27. Person Directing the Proceedings
(1) A person directing the proceedings shall be the official or court that leads the criminal proceedings at the concrete moment. A person directing the proceedings shall: 1) organise the progress of criminal proceedings and the record-keeping therein; 2) take decision regarding the direction of the criminal proceedings; 3) implement State authorisation in the relevant step or stage of the criminal proceedings by oneself or by involving another official; 4) request that each person fulfils a criminal procedural duty and complies with procedural order;
5) ensure the opportunity for persons involved in criminal proceedings to implement the rights specified in the Law.
(2) A person directing the proceedings shall be: 1) an investigator – in an investigation; 2) a public prosecutor – in a criminal prosecution; 3) a judge who leads the adjudication – in preparing a case for trial, as well as from
the moment when a adjudication is announced with which legal proceedings are completed in the court of the relevant instance, until the transferral of the case to the next court instance or until the execution of the adjudication;
4) the composition of a court – during a trial.
(3) An investigative group may be established for the performing of pre-trial criminal proceedings whose leader is the relevant person directing the proceedings.
Section 28. Investigator
An investigator shall be an official of an investigative institution who is authorised with an order of the head of the investigative institution to perform an investigation in criminal proceedings.
Section 29. Duties and Rights of an Investigator as a Person Directing the Proceedings
(1) An investigator has a duty:
1) to examine information, which indicate the possible commitment of a criminal offence, and to initiate criminal proceedings as soon as a reason and grounds specified in the Law have been determined or to refuse to initiate criminal proceedings;
2) to perform investigative actions in order to ascertain whether a criminal offence has taken place, who committed such an offence, whether a person must be held criminally liable regarding such offence, and to ascertain such person and acquire evidence that gives a basis for holding such person criminally liable;
3) to perform all measures provided for in the Law for ensuring compensation for damages;
4) to select a type of criminal proceedings that ensures a fair regulation of criminal legal relations without unjustified intervention in the life of a person and unfound expenditures;
5) to fulfil the orders of the direct supervisor, supervising public prosecutor, or higher-ranking public prosecutor thereof or the injunctions of the investigating judge.
(2) An investigator has the right: 1) to take any procedural decision in accordance with the procedures specified by Law and to perform any procedural action or assign the performing thereof to a member of an investigative group or the executor of procedural tasks; 2) to propose for the supervising public prosecutor to decide the matter regarding the initiation of criminal prosecution; 3) to appeal the instructions of the direct supervisor thereof to the supervising public prosecutor; 4) to appeal the decisions and instructions of the supervising public prosecutor to a higher-ranking public prosecutor; 5) to appeal the instructions of a higher-ranking public prosecutor to the next higher-
ranking public prosecutor; 6) to appeal the decision of an investigating judge to the chief judge.
[28 September 2005; 19 January 2006]
Section 30. Member of an Investigative Group (5) The appeal of assignments and instructions shall be performed in writing.
Section 31. Direct Supervisor of an Investigator
(1) The direct supervisor of an investigator shall be the head of an investigative institution or a division thereof, or his or her deputy, who has been assigned, in accordance with an allocation of duties or an individual order, to control the performance of concrete criminal proceedings during an investigation.
(2) The direct supervisor of an investigator has a duty: 1) to ensure that the officials subordinated thereto commence criminal proceedings in
a timely manner;
2) to organise the work of executors of procedural tasks;
3) to confer procedural authorisation to the necessary circle of officials subordinated thereto, in order to ensure that the performance of criminal proceedings is targeted and without unjustified delay;
4) to give instructions regarding the direction of an investigation and the performance of an investigative action, if a person directing the proceedings does not ensure a targeted investigation and allows for unjustified intervention in the life of a person or a delay.
(3) The direct supervisor of an investigator has a duty: 1) to become acquainted with the materials of the criminal proceedings in the record-keeping of the official subordinated thereto; 2) to take organisational decisions significant to the proceedings, that is, to determine criteria for the distribution of criminal proceedings, to transfer criminal proceedings to another person directing the proceedings, to establish an investigative group, and to assume leadership of criminal proceedings; 3) to participate in the procedural actions that are carried out by a performer of activities or a member of an investigative group; 4) to carry out an investigative action, informing a person directing the proceedings beforehand regarding such carrying out of the investigative action;
5) to revoke decisions taken unjustifiably and unlawfully by an official subordinated thereto.
Section 32. Executor of Procedural Tasks proceedings regarding all facts that may be significant to the legal and fair completion of criminal proceedings.
Section 33. Expert of an Expert-examination Institution and objects;
3) conduct an examination of persons;
4) remove samples for comparative research;
5) participate in the performance of other investigative actions;
6) utilise special knowledge for the discovery and removal of traces and other items
of the criminal offence.
(3) An expert has the right Criminal Procedure Law
Chapter 1 Basic Provisions of Criminal Procedure
Chapter 2 Basic Principles of Criminal Procedure
Chapter 3 Officials who Perform Criminal Proceedings