Закон «Об уголовном процессе» (с изменениями от 17.05.2007 г.), Латвия

Chapter 1 Basic Provisions of Criminal Procedure

Section 1. Purpose of the Criminal Procedure Law

The purpose of the Criminal Procedure Law is to determine 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

(1)

Criminal procedure is determined by the Constitution of the Republic of Latvia, international legal norms, and this Law.

(2)

In the application of the legal norms of the European Union (Communities), the case law of the Court of Justice of the European Communities shall be taken into account, and in the application of the legal norms of the Republic of Latvia, the interpretation of the appropriate norm provided in the judgment of the Constitutional Court shall be complied with.

(3)

The norms of the criminal procedure of another state may be applied only in international co-operation on the basis of a request motivated by a foreign state, if such request is not in contradiction to the basic principles of the criminal procedure of Latvia.

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.

Chapter 2 Basic Principles of Criminal Procedure

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

(1)

Criminal proceedings shall be performed in the interests of society independently from the will of the person to whom the harm was inflicted, if this Law does not specify otherwise. Such types of criminal proceedings are public indictment criminal proceedings, in which the public prosecutor on behalf of the State implements the indictment function.

(2)

Public prosecution criminal proceedings shall be initiated for the offences provided for in Sections 90, 130 (in cases related to violence in the family), 131, 132, 136, 145, 159, Paragraph One of Section 160, Sections 168, 169, 180, 197, 200, and Paragraph One of Section 260 of the Criminal Law, if a request has been received from the person to whom harm has been inflicted.

(3)

Private prosecution criminal proceedings wherein the victim implements the prosecution function shall be performed for the offences provided for in Sections 130 (expect for cases related to violence in the family), 156, 157, and 158 of the Criminal Law.

Section 8. Principle of Equality

The Criminal Procedure Law shall determine a uniform procedural order for all persons involved in criminal proceedings irrespective of the origin, social and financial situation, employment, citizenship, race, nationality, attitude toward religion, sex, education, language, place of residence, and other conditions of such persons.

Section 9. Criminal Procedural Duty

(1)

In initiated criminal proceedings, each person has a duty to fulfil the requirements of an authorised official for performing criminal proceedings and to comply with the procedural order specified in the Law.

(2)

The disputing of the legality and validity of a procedural requirement shall be performing in accordance with the procedure specified by this Law, yet such disputing does not remove the duty to fulfil such requirement.

(3)

The rights to an exception from the execution of the duty specified in Paragraph One of this Section shall be held only by persons for whom immunity from criminal proceedings has been specified.

Section 10. Immunity from Criminal Proceedings

Immunity from criminal proceedings completely or partially frees a person from participation in criminal proceedings, as well as from the provision of evidence and the issuance of documents and objects, and prohibits or restricts the right to perform the criminal prosecution of such person and to apply compulsory measures against such person, as well as the right to enter and perform investigative 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.

(2)

If a person who has a rights to a defence, a victim and his or her representative, a witness, specialist, expert, auditor, as well as other persons who a person directing the proceedings has involved in criminal proceedings does not speak the official language, such persons have the right to use the language that such persons understand during the performance of procedural actions, and to utilise the assistance of an interpreter free of charge, whose participation shall be ensured by the person directing the proceedings. In pre-trial proceedings, the investigating judge or court shall provide for the participation of an interpreter in the hearing of issues that fall within the jurisdiction of the investigating judge or court.

(3)

In issuing procedural documents to a person involved in criminal proceedings who does not understand the official language, such person shall be ensured, in the cases provided for by the Law, a translation of such documents in a language understood by such person.

(4)

A person directing the proceedings may perform a separate procedural action in another language by appending a translation of the procedural documents in the official language.

(5)

In a criminal proceeding, complaints received in another language shall be translated into the official language only in the case of necessity, which shall be determined by the person directing the proceedings.

[19 January 2006]

Section 12. Guaranteeing of Civil Rights

(1)

Criminal proceedings shall be performed in compliance with internationally recognised civil rights and without allowing for the imposition of unjustified criminal procedural duties or excessive intervention in the life of a person.

(2)

Civil rights may be restricted only in cases where such restriction is required for public safety reasons, and only in accordance with the procedures specified by this Law according to the character and danger of the criminal offence.

(3)

The application of safety measures related to the deprivation of liberty, the infringement of the immunity of publicly inaccessible places, and the confidentiality of correspondence and means of communication shall be permitted only with the consent of the investigating judge.

(4)

A person directing the criminal proceedings, a specially authorised public prosecutor, and an investigating judge has a duty to protect the confidentiality of the private life of a person and the commercial confidentiality of a person. Information regarding such confidentiality shall be obtained and utilised only in the case where such information is necessary in order to clarify conditions that are to be proven.

(5)

A natural person has the right to request that a criminal case does not include information regarding the private life, commercial activities, and financial situation of such person or the betrothed, spouse, parents, grandparents, children grandchildren, sisters, or brothers (hereinafter – close relatives) of such person, if such information is not necessary for the fair regulation of criminal legal relations.

Section 13. Prohibition of Torture and Debasement

(1)

Debasement, blackmail, torture, the threatening of a person with torture or violence, or the use of violence shall not be allowed in criminal proceedings.

(2)

If a person resists the performance of separate procedural actions, hinders the progress thereof, or refuses to duly fulfil his or her procedural duties, the compulsory measures provided for in the Law for the ensuring of a concrete procedural action may be applied to such person.

(3)

In order to overcome the physical resistance of a person, a performer of procedural actions or, on the basis of his or her invitation, employees of the State police may apply physical strength in exceptional cases, without needlessly inflicting pain on such person or debasing such person.

Section 14. Rights to the Completion of Criminal Proceedings in a Reasonable Term

(1)

Each person has the right to the completion of criminal proceedings within a reasonable term, that is, without unjustified delay.

(2)

A person directing the proceedings shall choose the simplest type of criminal proceedings that complies with the concrete conditions, and shall not allow for unjustified intervention in the life of a person and unfounded expenditures.

(3)

Criminal proceedings wherein a security measure related to the deprivation of liberty has been applied shall have preference, in comparison with other criminal proceedings, in the ensuring of a reasonable term.

(4)

Criminal proceedings against an underage person shall have preference, in comparison with similar criminal proceedings against a person of legal age, in the ensuring of a reasonable term.

(5)

The inobservance of a reasonable term may be the basis for the termination of proceedings in accordance with the procedures specified by this Law.

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

(1)

Officials who perform criminal proceedings, interpreters, and specialists shall withdraw from participation in criminal proceedings if such persons are personally interested in the result, or if conditions exist that justifiably give persons involved in the criminal proceedings a reason to believe that such interest may exist.

(2)

A person who implements assistance of a defence counsel, a victim, the representative of the victim, and an official who is authorised to perform criminal proceedings but is not the person directing the proceedings has the right to raise an objection if the conditions referred to in Paragraph One of this Section exist.

(3)

A person directing the proceedings or the officials specified in the Law shall, on the basis of the initiative thereof or on the basis of an objection, suspend the participation of the persons referred to in Paragraph One of this Section in proceedings if such persons have not excused themselves.

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

(1)

No person shall be considered guilty until the guilt of such person in the committing of a criminal offence has been determined in accordance with the procedure specified by this Law.

(2)

A person who has the right to assistance of a defence counsel shall not need to prove his or her innocence.

(3)

All reasonable doubts regarding guilt that it is not able to eliminate shall be evaluated as beneficial for the person who has the right to defence.

Section 20. Rights to Assistance of Counsel

(1)

Each person regarding whom an allegation or contention has been expressed that such person has committed a criminal offence has the right to assistance of a defence counsel, that is, the right to know what offence such person is suspected of committing or is being accused of committing, and to choose his or her position of defence.

(2)

A person may implement the right to assistance of counsel by him or herself, or invite as a defence counsel, at his or her own choice, a person who may be a defence counsel in accordance with this Law.

(3)

The participation of a defence counsel is mandatory in the cases specified in this Law.

(4)

If a person may not invite a defence counsel due to his or her financial situation, the State shall ensure assistance of a defence counsel for such person and decide regarding the remuneration of the defence counsel from State resources, completely or partially discharging such person from such payment.

Section 21. Rights to Co-operation

(1)

A person who has the right to assistance of a defence counsel may co-operate with an official authorised to perform criminal proceedings in order to promote the regulation of criminal legal relations.

(2) Co-operation may be expressed in the following ways: 1) in the selection of the simplest type of proceedings; 2) in the promotion of the progress of proceedings; 3) in the disclosure of criminal offences committed by other persons;

(3)

Co-operation is possible from the moment of the commencement of criminal proceedings until the execution of a sentence.

Section 22. Rights to Compensation 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

(1)

A person who is threatened in connection to the execution of the criminal procedural duty thereof has the right to request that a person directing the proceedings carry out the measures provided for by Law for the defence of such person and the property thereof.

(2)

In receiving the information referred to in Paragraph One of this Section, a person directing the proceedings shall, depending on the concrete circumstances, decide regarding the necessity to perform one or more of the following measures:

1) the commencement of another criminal proceedings for the investigation of the threat; 2) the selection of a corresponding security measure for the persons in the interest of whom the threat has taken place; 3) the institution of the determination of special procedural protection for the person who has been threatened; 4) the assigning of law enforcement institutions the task of performing protection of the person or the property thereof.

(3)

If the measures referred to in Paragraph Two of this Section are not able to prevent an actual threat to the life of a person, a person directing the proceedings shall refuse the utilisation of the evidence that is the case of the threat.

Section 25. Inadmissibility of Double Penalising (ne bis in idem)

(1)

A person may be tried and punished for one and the same criminal offence only the one time.

(2)

Repeated adjudication is not: 1) the repeated trial of a criminal case in a court of any instance, if the adjudication of the previous court has been revoked, in accordance with the appeal procedures specified in the Law, before the entering into effect thereof;

2) the new trial of a criminal case on the basis of newly disclosed circumstances in accordance with the procedures and in the cases specified by the Law.

(3)

In the cases provided for in the Law, a criminal case may be repeatedly adjudicated, with a judgment that has entered into effect, for the improvement of the condition of a convicted person.

(4)

Within the meaning of this Section, penalising is the determination of a penalty provided for in the Criminal Law, a compulsory measure, or the determination of a mandatory duty in an adjudication with which a concrete criminal proceeding is terminated.

(5)

If in penalising a person it is determined that an administrative penalty has been applied to such person regarding the same offence, such administrative penalty shall be revoked and taken into account in determining a criminal penalty.

(6)

A person may not be tried and punished in Latvia if such person has been convicted or acquitted for the same offence in a foreign state with which Latvia has an agreement regarding mutual recognition of criminal judgments or an agreement regarding the observance of the principles of ne bis in idem. If a person has been convicted in a foreign state, the part of the sentence that has already been served is to be included in the sentence in the case of repeat adjudication.

(7)

The principles of ne bis in idem is not violated if in penalising a legal person, a natural person is also penalised who has committed a criminal offence in the interest of the legal person, operating individually or as a member of a collegial authority of the relevant legal person, based on the right to represent the legal person, operate under the order thereof, or take decisions on behalf of the legal person, or also in implementing control within the framework of the legal person or in the service of the legal person.

Division One Persons Involved in Criminal Proceedings

Chapter 3 Officials who Perform 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.

(3)

A judge and public prosecutor, as well as court, prosecutorial, and investigative institutions and the heads of the divisions thereof shall have authorisation in the deciding of organisational matters of proceedings, complaints, and recusals.

(4)

Officials of the authorities of the European Union (Communities) shall be authorised to perform criminal proceedings in the cases specified in the legal norms of the European Union (Communities).

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

(1)

A member of an investigative group shall be a public prosecutor or an official of an investigative institution authorised to perform criminal proceedings who has been included in the composition of the investigative group with an order of the direct supervisor of an investigator or a higher-ranking public prosecutor.

(2)

A member of an investigative group has the right to perform investigative actions, and take procedural decisions, on the assignment of a person directing the proceedings and within a specific framework.

(3)

A member of an investigative group may appeal an assignment of a person directing the proceedings to a supervising public prosecutor without suspending the execution thereof.

(4)

A member of an investigative group shall appeal the instructions of the direct supervisor of an investigator and a supervising public prosecutor, as well as shall raise objection, with the intermediation of a person directing the proceedings.

(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

(1)

An executor of procedural tasks shall be an official of an investigative institution, or a public prosecutor, who a person directing the proceedings has been assigned to carry out one or more investigative actions, without including him or her in the composition of the investigative group.

(2)

An executor of procedural tasks shall be liable for the qualitative execution of an assigned investigative action, and he or she has a duty to inform a person directing the

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

(1)

An expert of an expert-examination institution has authorisation to perform criminal proceedings if he or he has acquired the right to perform a specific types of expert-examination and has received a task of a person directing the proceedings.

(2)

An expert on the assignment of a person directing the proceedings shall: 1) conduct an expert-examination, if a study has to be conducted in order to obtain information necessary for evidence using special knowledge, devices, and substances; 2) perform inspections of the site of the event or other sites, the corpse, the terrain,

and objects;

3) conduct an examination of persons;

4) remove samples for comparative research;

5) participate in the performance of other investigative actions;

6) utilise special knowledge for the discovery and removal of traces and other items

of the criminal offence.

(3) An expert has the right: 1) to familiarise him or herself with the materials of the criminal case; 2) to request from a person directing the proceedings the additional information and

materials necessary for the performing of an expert-examination; 3) to refuse to perform an expert-examination (give a conclusion), if the submitted materials are not sufficient or the questions posed exceed the competence thereof; 4) to receive compensation for expenses that have come about in connection with arrival on the basis of the invitation of a person directing the proceedings.

(4)

An expert has the right to perform only the expert-examination specified in a decision and to provide answers to questions posed. If an expert is of the conclusion that he or she may acquire information, utilising special knowledge, that is important to the criminal proceedings, and regarding which a question has not been posed, he or she shall inform the person directing the proceedings regarding such acquisition in writing.

(5)

An expert shall perform his or her duties: 1) on the basis of an instruction given by a person directing the proceedings that has been recorded in the account of the investigative actions in which the expert is a participant.

2) in accordance with a procedural decision regarding the determination of an expert-examination.

Section 34. Invited Expert

(1)

A person directing the proceedings may invite, and assign with a decision, a person to perform an expert-examination who is not an expert of an expert-examination

institution, but whose knowledge and practical experience is sufficient for the performance of the expert-examination.

(2)

An invited expert has the rights indicated in Paragraphs Three and Four of Section 33 of this Law.

Section 35. Auditor

(1) An auditor shall have the authorisation to perform criminal proceedings if he or she has obtained the relevant qualification, obtained a certificate, in accordance with the procedure specified by Law, for the performing of audits, and has received a concrete task specified in a decision of the person directing the proceedings or recorded in the account of the investigative action.

(2) On the assignment of a person directing the proceedings, an auditor shall: 1) take inventory; 2) perform the inspection and removal of documents; 3) inspect goods, products, and raw materials in the amount necessary for the

performing of an audit; 4) provide a description of economic and financial activity in an account, if it is

possible to give such a description without the performing of an audit;

5) question witnesses or participate in the interrogation thereof;

6) perform an audit in the amount co-ordinated with a person directing the

proceedings; 7) familiarise interested persons with audit materials; 8) provide an auditor assessment regarding the objections of interested persons.

Section 36. Public Prosecutor in Criminal Proceedings

(1)

A public prosecutor in criminal proceedings shall realise investigation supervision, investigation, criminal prosecution, State prosecution and other functions specified in this Law.

(2)

A public prosecutor shall decide, in the cases specified by the Law, the question regarding the commencement of criminal proceedings, and shall conduct investigations him or herself.

[19 January 2006]

Section 37. Public Prosecutor Supervising Investigation

(1) The public prosecutor who must perform supervision of an investigation in accordance with a distribution of duties specified in a prosecutorial institution, or an order in concrete criminal proceedings, shall be the supervising public prosecutor.

(2) During an investigation, a supervising public prosecutor has a duty:

1) to give instructions regarding the selection of the type of proceedings, the direction of an investigation and the performance of investigative actions, 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.

2) to request that the direct supervisor of an investigator replace a person directing the proceedings, or make changes in the investigative group, if assigned instructions are not fulfilled or if procedural violations are allowed that threaten the progress of criminal proceedings;

3) [28 September 2005];

4) to participate in the performance of the procedural actions that are directed at cooperation with the person who has the right to defence, as well as to participate in the selection of simpler proceedings;

5) to examine complaints regarding the actions and decision of a person directing the proceedings, a member of the investigative group, the direct supervisor of an investigator, and an executor of procedural tasks;

6) to decide rejections that have been submitted to the person directing the proceedings, the member of the investigative group, the direct supervisor of the investigator, an expert, auditor, or interpreter;

7) to take over the direction of criminal proceedings without delay when sufficient evidence for the fair regulation of criminal legal relations has been obtained in an investigation.

(3) The public prosecutor supervising an investigation has the right to: 1) take a decision regarding the initiation of criminal proceedings and the transfer

thereof to an investigative institution;

2) request the execution of provided instructions;

3) carry out investigative actions, informing a person directing the proceedings

beforehand regarding such carrying out of investigative actions; 4) familiarise him or herself at any time regarding the materials of the criminal proceedings; 5) revoke the decisions of the person directing the proceedings and a member of the investigative group; 6) submit a proposal to a more senior prosecutor regarding the determination of the direct supervisor of another investigator in concrete criminal proceedings, or the transfer of criminal proceedings to another investigative institution; 7) participate in a meeting wherein the investigating judge decides regarding the granting of permission to apply compulsory measures and to perform special investigative actions.

[28 September 2005]

Section 38. Public Prosecutor as a Person Directing the Proceedings

(1) A supervising public prosecutor acquires the status of a person directing the proceedings from the moment when he or she takes over the leadership of criminal proceedings and decides regarding the initiation of criminal proceedings:

1) on the basis of a proposal of the person directing the proceedings of an investigation;

2) on the basis of an instruction of a higher-ranking public prosecutor;

3) on the basis of his or her own initiative.

(2)

A higher-ranking public prosecutor may impose the duties of a person directing the proceedings on another public prosecutor.

(3)

In exceptional cases, the Prosecutor-General, the Criminal Legal Department of the Office of the Prosecutor-General, or the chief public prosecutor of a court district may determine a public prosecutor as a person directing the proceedings in the investigative stage.

Section 39. Duties and Rights of a Public Prosecutor – Person Directing the Proceedings

(1) A public prosecutor has the following duties as a person directing the proceedings: 1) to not permit unjustified delay and to initiate criminal prosecution in the term specified in the Law; 2) withdraw from criminal prosecution and termination criminal proceedings if the prerequisites provided for such withdrawal or termination exist in the Law; 3) determine the criminal cases to be transferred to a court, and the aggregate of materials of an archive file;

4) issue to a person who has the right to the assistance of a defence counsel copies or true copies of the materials of the criminal case to be transferred to a court (hereinafter – copies) or to acquaint such person according to the procedures specified by law with the materials of the criminal case to be transferred to a court;

5) issue to a victim copies of materials provided for in the Law;

6) decide regarding submitted applications;

7) submit to a court an agreement that was entered into with the accused regarding

the admission of guilt and a penalty; 8) take a decision regarding the transferring of a criminal case to a court, and submit the criminal case to the court; 9) dismiss criminal proceedings if grounds specified in the Law have been determined; 10) submit a criminal case for trial in accordance with the special procedures of proceedings.

(2) A public prosecutor has the following rights in criminal prosecution: 1) to terminate criminal prosecution and to determine additional investigation; 2) to take any procedural decision in accordance with the procedures specified by

Law and to perform any procedural action or assign the performing thereof to a member of an investigative group or an executor of procedural tasks;

3) to dismiss criminal proceedings, applying the injunction of a public prosecutor regarding a penalty;

4) to prepare an draft agreement;

5) to submit proposals for the recognition of specified facts as proven without an examination of evidence in a court.

(3) If a preliminary adjudication of the European Court of Justice regarding the interpretation or validity of the legal norms of the European Union (Communities) is necessary for the acceptance of a procedural decision, a public prosecutor may propose that the Prosecutor-General send the uncertain matter to the European Court of Justice.

[19 January 2006]

Section 40. Investigating Judge

An investigating judge shall be the judge whom the chairperson of the district (city) court has assigned, for a specific term in the cases and in accordance with the procedure specified by Law, the control of the observance of human rights in criminal proceedings.

Section 41. Duties and Rights of an Investigating Judge

(1) An investigating judge has the following duties during an investigation and criminal prosecution: 1) to decide regarding the application of compulsory measures in the cases provided for by the Law;

2) to decide regarding the applications of a suspect or an accused regarding the amending or revoking of the security measures thereof that have been applied with a decision of the investigating judge;

3) to examine complaints, in the cases provided for by Law, regarding a security measure applied by a person directing the proceedings;

4) to decide, in the cases provided for by Law, regarding the proposal of a person directing the proceedings to perform a special investigative action;

5) to decide regarding complaints in relation to an unjustified violation during an interrogation of a private secret;

6) to decide regarding complaints in relation to an unjustified violation during criminal proceedings of a confidentiality that is protected by Law;

7) to decide regarding the application of a person who implements the right to assistance of a defence counsel, or the application of a victim, regarding the appending of the materials of an archive file to a criminal case to be submitted to a court;

8) to decide regarding the application of a person who has the right to assistance of a defence counsel regarding the appending of materials of special investigative actions that are not appended to a criminal case (primary documents) to a criminal case to be transferred to a court;

9) to decide regarding a recusal that has been submitted to a higher-ranking public prosecutor, and to assign the chief public prosecutor of the one-level-higher office of the public prosecutor to determine another higher-ranking public prosecutor;

10) to decide regarding the request of a person who has the right to assistance of a defence counsel to give a discharge of payment regarding the utilisation of the assistance of an advocate.

(2)

From a court of first instance to the commencement of the adjudication of a case, an investigating judge has a duty to decide regarding the following: 1) the application of an accused in relation to the amending or revocation of security measures;

2) the proposal of a public prosecutor in relation to the selection or amendment of a security measure;

(3)

An investigating judge shall not be permitted to replace a person directing the proceedings and a supervising public prosecutor in pre-trial criminal proceedings by giving instructions regarding the direction of an investigation and the performance of investigative actions.

(4)

An investigating judge has the following rights during an investigation and criminal prosecution:

1) to familiarise him or herself with all materials in criminal proceedings wherein a proposal of a person directing the proceedings, a complaint or application of a person, or a submitted recusal have been submitted;

2) to request additional information from a person directing the proceedings, and to determine terms in criminal proceedings wherein special investigative actions are being conducted or a security measure related to a deprivation of liberty is applied;

3) to apply a procedural sanction regarding the non-execution of duties or the nonobservance of procedures during pre-trial criminal proceedings;

4) to propose that officials who are authorised to perform criminal proceedings are penalised regarding infringements of civil rights that have been permitted as a result of an actualisation of criminal procedural authorisation.

(5) An investigating judge may also have other rights and duties specially specified in this Law.

[19 January 2006]

Section 42. Maintainer of State Prosecution

(1)

A state prosecution shall be maintained in a court of first instance by the public prosecutor who has transferred the criminal case to the court. A higher-ranking public prosecutor may assign the maintenance of prosecution to another public prosecutor.

(2)

A state public prosecution shall be maintained in a court of appeals to the extent possible by the same public prosecutor who maintained such prosecution in a court of first instance. A higher-ranking public prosecutor may assign the maintenance of the state prosecution to another public prosecutor.

(3)

In a cassation instance, a public prosecutor shall express a position regarding the legality and justification of a court adjudication.

Section 43. Authorisation of a Maintainer of State Prosecution

(1)

In maintaining prosecution in a court of any instance, a public prosecutor has the following duties and rights: 1) to refuse the maintenance of prosecution with the consent of a higher-ranking public prosecutor, if there exist reasonable doubts regarding the guilt of the accused; 2) to submit a recusation, if there exist grounds specified by the Law; 3) to express him or herself regarding each matter to be decided in court; 4) to direct an examination of evidence of the prosecution, and to participate in an examination of other evidence; 5) to request an interval for the submission of additional evidence or for the bringing of a new charge; 6) to submit requests; 7) to speak in court debates; 8) to familiarise him or herself with the minutes of a court session, the complete text

of an adjudication, and complaints submitted by persons; 9) to appeal court adjudications, if there are grounds to do so.

(2)

A public prosecutor shall have the authorisations indicated in Paragraph One of this Section in all criminal proceedings regardless of the special features of the progress of proceedings in cases of separate categories.

Section 44. Maintainer of Private Prosecution

(1)

In private prosecution cases, the victim or his or her representative shall maintain prosecution in court.

(2)

In a court session, a maintainer of private prosecution shall have the authorisations of a maintainer of state prosecution specified in the Law.

Section 45. Higher-ranking Public Prosecutor in Criminal Proceedings

(1)

A higher-ranking public prosecutor shall control, in accordance with the procedure specified by Law, how a public prosecutor implements his or her authorisation.

(2)

The following shall fulfil the duties of a higher-ranking public prosecutor: 1) the chief public prosecutor of a district (city), if the functions of a public prosecutor specified in this Law are performed by a public prosecutor of the relevant office of the public prosecutor; 2) the chief public prosecutor of a court district, if the functions of a public prosecutor specified in this Law are performed by a public prosecutor of the relevant office of the public prosecutor or a chief public prosecutor of the district level, and also, on the basis of his or her own initiative, if such functions are performed by the district (city) office of the public prosecutor or a public prosecutor of an office of the public prosecutor of a status equivalent thereto; 3) the Chief Public Prosecutor of the Office of the Prosecutor General, if the

functions of a public prosecutor specified in this Law are performed by the Chief Public Prosecutor or a public prosecutor of the Division of the Office of the Prosecutor General, a public prosecutor of the Department of the Office of the Prosecutor General, or the Chief Public Prosecutor of a court district, as well as on the basis of the initiative thereof;

4) the Prosecutor General, if the functions of a public prosecutor specified in this Law are performed by the Chief Public Prosecutor of the Department of the Office of the Prosecutor General;

5) any public prosecutor, if he or she has been authorised in concrete criminal proceedings by the Prosecutor General or the Chief Public Prosecutor of the Office of the Prosecutor General.

(3) [19 January 2006] [19 January 2006]

Section 46. Duties and Rights of a Higher-ranking Public Prosecutor

(1)

A higher-ranking public prosecutor has the following duties: 1) to decide regarding complaints in relation to the decisions and actions of a supervising public prosecutor and a public prosecutor – person directing the proceedings; 2) to decide regarding the withdrawal of a supervising public prosecutor and public prosecutor – person directing the proceedings from participation in criminal proceedings or regarding the recusations submitted thereto; 3) to decide regarding the proposal of a supervising public prosecutor to replace the director supervisor of an investigator or an investigative institution; 4) to replace a supervising public prosecutor or public prosecutor – person directing the proceedings, if supervision and criminal prosecution is not completely ensured; 5) to establish an investigative group, if the amount of work jeopardises the completion of criminal proceedings in a reasonable term; 6) to replace a maintainer of state prosecution, if the maintenance of prosecution is

not completely ensured; 7) to decide whether withdrawal from prosecution is justified and lawful.

(2)

A higher-ranking public prosecutor has the following rights: 1) to familiarise him or herself with all materials in criminal proceedings wherein he or she fulfils the functions of a higher-ranking public prosecutor; 2) to determine a supervising public prosecutor, if it is necessary to deviate from the principles of a distribution of criminal proceedings that were previously approved; 3) assign a public prosecutor the execution of the functions of a supervising public prosecutor or a public prosecutor – person directing the proceedings, or undertake such functions him or herself; 4) to request that the head of an investigative institution to whom the direct supervisor of an investigator is administratively subordinated in concrete criminal proceedings determine another supervisor in such proceedings;

5) to assign another investigative institution to perform an investigation in criminal proceedings;

6) to give instructions to an investigator, a supervising public prosecutor or a public prosecutor – person directing the proceedings regarding the selection of the type of proceedings, the direction of an investigation, and the performance of investigative actions;

7) to revoke the decisions of an investigator, a member of an investigative group, and a less senior public prosecutor;

8) to give instructions to a maintainer of state prosecution regarding the tactic for examining evidence and for submitting additional sources of evidence;

9) to decide on the proposal of a maintainer of state prosecution to withdrawn from the maintenance of prosecution in court, approving such decision or assigning another public prosecutor subordinated thereto to maintain the state prosecution, or to undertake such prosecution him or herself.

[19 January 2006]

Section 47. Judge as a Person Directing the Proceedings in the Preparation of a Criminal Case for Trial

(1) In preparing a case for trial, a judge shall: 1) ascertain the jurisdiction of such case for the court; 2) decide the matter regarding the possibility for the trial of such case; 3) determine the time and place for the trial, and the type of trial; 4) assign the court chancellery to perform preparatory activities.

(2) During preparation, a judge shall not evaluate evidence and the legal qualification of an offence, and shall not take decisions regarding the settlement of criminal legal relations.

Section 48. Court as a Person Directing the Proceedings

(1) In examining a criminal case, a court shall have the authorisation of a person directing the proceedings in the leading of criminal proceedings and in the ensuring of procedural order, as well as the exclusive right to administer justice.

(2) A court shall do the following to fulfil the function thereof: 1) to request that each person fulfil a criminal procedural duty and comply with

procedures during a court session;

2) to apply procedural sanctions;

3) to participate in an examination of evidence without interfering in the maintenance

of prosecution and the actualisation of defence;

4) to decide received applications, requests, and recusations;

5) to examine and hear a case, and to announce a adjudication;

6) to perform measures in order to hold liable officials who perform criminal

proceedings and implement the authorisation thereof fraudulently.

(3) A court shall participate in international co-operation in the criminal legal field in accordance with the procedures specified by this Law.

Section 49. Judge as a Person Directing the Proceedings after the Adjudication of a Case and the Acceptance of an Adjudication

After the adjudication of a case and the acceptance of an adjudication, and until the transferral of such adjudication for execution or the sending thereof to a court of the next instance, a judge shall:

1) ensure the availability on the specified day of the minutes of the court sitting and the adjudication to all persons provided for in the Law;

2) assign the sending of the criminal case together with submitted complaints to a court of the next instance;

3) convene the composition of the court in order to decide on unsatisfied objections appended to the minutes of the court session;

4) take a decision regarding the transferral of the adjudication of the court for execution and to assign the performance of the necessary activities for the execution of such decision;

5) convene the composition of the court in order to decide matters related to the execution of the adjudication of the court.

Chapter 4 Conditions that Prohibit the Performance of Criminal Proceedings

Section 50. Inadmissibility of a Conflict of Interests in Criminal Proceedings

(1)

A person to be registered in a Criminal Proceedings Register shall not undertake authorisation to perform criminal proceedings if by doing so such person comes into a conflict of interests, that is, if the personal interests of such person do not match the purpose of the criminal proceedings either directly or indirectly, or if conditions exist that justifiably give the person involved in the criminal proceedings a reason to allow for such interest.

(2)

A conflict of interest situation shall not influence the authorisation of the victim as a maintainer of private prosecution.

(3)

The persons referred to in Paragraph One of this Section shall refuse the performance of criminal proceedings as soon as a conflict of interests is discovered.

(4)

Persons who perform criminal proceedings have a duty to achieve the exclusion of a person who has a conflict of interests from criminal proceedings by taking a decision within the framework of the competence thereof or by submitting a recusation.

Section 51. Conclusive Conditions of a Conflict of Interests

The existence of a conflict of interests shall be recognised without any clarification of additional conditions if a person to be registered in a Register of Criminal Proceedings:

1) is in a relation of kinship to the third degree, a relation of affinity to the second degree, or is married to the person who has a right to assistance of a defence counsel, or with the victim;

2) receives, or if the spouse, children, or parents thereof receive income from the person who has the right to assistance of a defence counsel, or from the victim;

3) is related to a common household with the person who has the right to assistance of a defence counsel, or with the victim;

4) has an explicit conflict of interests with the person who has the right to assistance of a defence counsel, or with the victim;

5) is a witness or victim in such proceedings, or the person in such proceedings who has the right to assistance of a defence counsel, or has performed assistance of counsel or representation of the victim.

Section 52. Conflict of Interest Conditions for Individual Persons Involved in Criminal Proceedings

(1)

Persons who are mutually connected by marriage, a common household, or kinship of the first degree shall not be involved in one pre-trial criminal proceedings if such persons are the following in the concrete criminal proceedings:

1) the supervising public prosecutor or the person directing the proceedings in an investigation; 2) the higher-ranking public prosecutor, person directing the proceedings, or supervising public prosecutor; 3) the investigating judge, person directing the proceedings, or supervising or higher-ranking public prosecutor;

(2)

The person who has the right to adjudicate a recusation shall decide a matter regarding the termination of the conflict of interests referred to in Paragraph One of this Section.

(3)

The investigating judge shall not be the person who has been the person directing the proceedings or supervising public prosecutor in the same criminal proceedings.

(4) A judge shall not participate in the adjudication of a case if he or she: 1) has participated in the criminal proceedings in any status; 2) is in kinship to the third degree, affinity to the second degree, or married to another

judge involved in the adjudication, the maintainer of prosecution, or the public prosecutor who has transferred the criminal case for trial, or if he or she has a common household with the referred to judge, maintainer of prosecution, or public prosecutor.

Section 53. Grounds for a Recusation of an Expert and Auditor

In addition to the conditions referred to in Sections 50 and 51 of this Law, the grounds for a recusation of an expert and an auditor may also be insufficient professional readiness for the performance of the relevant duties.

Section 54. Recusal of Oneself from the Performance of Criminal Proceedings

(1) In a conflict of interest situation, a report regarding the recusal of oneself from the performance of criminal proceedings shall be submitted by:

1) a member of an investigative group, an expert, and an auditor – to a person directing the proceedings;

2) a person directing the proceedings in an investigation and the direct supervisor of an investigator – to a supervising public prosecutor;

3) a supervising public prosecutor, person directing the proceedings in criminal proceedings, or a maintainer of state prosecution – to a higher-ranking public prosecutor;

4) a more public senior prosecutor – to the next higher-ranking public prosecutor;

5) an investigating judge – to the chief judge;

6) a judge until the initiation of a trial – to the chief judge;

7) a judge, in adjudicating a criminal case – to the composition of the court.

(2) An official who has received a report shall ensure the replacement of the resigned person, or shall recognise the resignation as unfounded and assign the continuation of the performance of criminal proceedings.

Section 55. Submission of Recusation

(1)

A person who performs defence, a victim, or a person authorised to perform proceedings, if such person has certain conditions that prohibit an official from performance of the concrete criminal proceedings, shall submit the recusation of such person to the persons referred to in Paragraph one of Section 54 of this Law who have the right to decide regarding the recusation.

(2)

In pre-trial criminal proceedings and the adjudication of a case, a recusation shall be submitted in writing up to the initiation of a trial, but orally during a court session, recording such recusation in the minutes of the session.

(3) A recusation may not be submitted more than once on the same grounds.

(4)

A submitted recusation shall not be motivated with the actions of a person in the concrete criminal proceedings. Actions shall be appealed in accordance with the procedures specified by Law.

Section 56. Taking of a Decision regarding a Submitted Recusation

(1)

An examination of the motives for recusation shall be initiated without delay. A decision shall be taken if the grounds for recusation have been approved or if conviction has been acquired that the grounds for recusation do not exist.

(2)

An explanation shall be received in all cases from the person for whom a recusation has been submitted.

(3)

In exceptional cases, a person may be relieved from the execution of duties until the taking of a decision.

Section 57. Decision regarding Recusation or a Refusal to Reject an Appeal

(1) A decision regarding recusation, or a refusal to reject, taken outside a court session may be appealed within a term of 10 days:

1) a decision of a person directing the proceedings in an investigation – to a supervising public prosecutor;

2) a decision of a supervising public prosecutor – to a higher-ranking public prosecutor;

3) a decision of a higher-ranking public prosecutor – to an investigating judge; and

4) a decision of an investigating judge – to the chief judge;

5) [19 January 2006]

(2) A decision taken during a court session shall not be appealed.

(3) A decision of the persons referred to in Paragraph one of this Section is final and shall not be appealed.

[19 January 2006]

Section 58. Consequences of Failing to Prevent a Conflict of Interests

(1)

A person shall be held liable as specified by the Law if a conflict of interests is not knowingly prevented, especially if conditions exist that in themselves exclude the participation of the person in criminal proceedings.

(2)

The determination of the conditions referred to in Paragraph one of this Section shall be grounds for the revoking of a decision taken by the relevant person and for the doubting of the admissibility of the acquired evidence.

Chapter 5 Persons who Implement Assistance of Counsel

Section 59. Grounds for Performing Defence

(1)

Grounds for performing defence shall be an allegation or contention expressed in writing in accordance with the procedures specified by this Law by an official authorised for the performance of criminal proceedings that a person has committed a criminal offence.

(2)

Depending on acquired evidence, allegations shall be divided in the following manner: 1) the actual possibility exists that the person has committed the criminal offence to be investigated (criminal proceedings against the person may be initiated); 2) individual facts provide the basis for believing that the such person has committed the criminal offence (the person may be detained); 3) the totality of evidence provides a basis for the allegation that such person has most likely committed the criminal offence to be investigated (person may be a suspect);

4) the totality of evidence provides a basis for the public prosecutor – perform of proceedings to believe that precisely such person has committed a concrete criminal offence (person may be prosecuted);

5) the public prosecutor – person directing the proceedings does not doubt that he or she will be able to convince the court with the existing evidence that reasonable doubts do not exist regarding the fact that precisely such person has committed a concrete criminal offence.

(3)

An allegation shall achieve the form of a contention if: 1) a person who has the right to defence certifies, in accordance with the procedures specified by Law, that the allegation of a public prosecutor is correct, and both affirm that the person has committed a concrete criminal offence;

2) a court, in evaluating evidence, determines that a person has committed a concrete criminal offence.

(4)

For a legal person, grounds for performing defence shall be an allegation expressed by a public prosecutor in accordance with the procedures specified by this Law that a natural person has committed a criminal offence in the interests of precisely such legal person.

(5)

The right to assistance of a defence counsel shall be terminated with the moment of the entering into effect of an expression of a joint contention or a court adjudication, if the special conditions specified in the Law that give the right to doubt such contention or adjudication do not exist.

Section 60. Persons who Implement Defence

(1)

A person who has the right to assistance of a defence counsel shall implement his or her procedural defence, that is, a person: 1) regarding whom the allegation or contention referred to in Section 59 of this Law has been expressed; 2) against whom proceedings are taking place for the determination of compulsory measures of a medical nature; 3) against whom criminal proceedings have been terminated for non-exonerating reasons;

4) against whom criminal proceedings have been terminated in connection with the existence of conditions that exclude criminal liability, if such person disputes his or her own actions provided for in the Criminal Law.

(2)

The following also implement the rights to assistance of a defence counsel of a person entitled to procedural defence:

1) defence counsel; 2) a representative;

(3)

If the allegation or contention referred to in Section 59 of this Law has been expressed regarding a natural person who operates in the interests of a legal person, such legal person shall implement its procedural rights to assistance of a defence counsel with the assistance of a representative.

Section 61. Person against whom Criminal Proceedings have been Initiated

(1)

If the actual possibility exists that a concrete person has committed a criminal offence to be investigated, criminal proceedings shall be initiated against such person. If in initiating proceedings there is already a basis for the expression of the referred to

assumption, then the concrete person shall be indicated in the decision regarding the initiation of criminal proceedings.

(2)

If in the initiated criminal proceedings information is obtained, that it is possible that the concrete person has committed the criminal offence under investigation, such person shall acquire the status of a person against whom criminal proceedings have been initiated.

(3)

From the moment when the person referred to in Paragraphs one and two of this Section is involved in the performance of procedural activities, or the person directing the proceedings has publicly made known information regarding the initiation of criminal proceedings against such person, such person shall acquire procedural rights to defence.

(4)

A person against whom criminal proceedings have been initiated shall have the rights specified in Section 66, Paragraph one, Clauses 2, 3, 6, 7, 12, 13, 15, 17, 18 and 20, and the duties specified in Section 67, Paragraph one, Clauses 1, 2, 5 and 6 of this Law. A security measure shall not be applied to such persons, except for the duty to notify an address for receiving consignments.

(5)

From the moment indicated in Paragraph three of this Section, a person has the right to the completion of criminal proceedings in a reasonable term.

(6)

During the term of the conducting of procedural activities, a person against whom criminal proceedings have been initiated shall not be photographed, filmed, or recorded in any other way with technical means for the purpose of using the obtained materials in the mass media without the consent of such person.

[19 January 2006]

Section 62. Detained Person

(1)

A detained person shall be a person who is temporarily detained, in accordance with the procedures specified by Law, because separate facts provide a basis to believe that such person has committed a criminal offence.

(2)

A person shall be acquire the status of detained person at the moment of actual arrest.

(3) A person shall lose the status of detained person if: 1) criminal proceedings are terminated as a whole or against the particular person; 2) the person is recognised as a suspect or accused; or 3) the person is released from a temporary place of detention and has not been

recognised as a suspect or accused. In such case the relevant person shall acquire the status of a person against whom criminal proceedings have been commenced.

[17 May 2007]

Section 63. Rights of a Detained Person

(1) A detained person has the right: 1) to invite a defence counsel and enter into an agreement with him or her without

delay or to utilise legal assistance ensured by the State if he or she with his or her own funds is unable to enter into an agreement with a defence counsel. A detained person has the right to receive from a person directing the proceedings a list of advocates practising in the relevant court region, as well as to invite a defence counsel by telephone free of charge;

2) to request that a relative, educational institution, or employer close to him or her is notified regarding the detention;

3) to receive a copy of the detention protocol and written information regarding the rights and duties of a detained person;

4) to meet with a defence counsel in conditions ensuring confidentiality of negotiations without special permission of a person directing the proceedings and without time restrictions;

5) to express orally or in writing his or her attitude in relation to the justification for detention;

6) to testify or refuse to provide testimony;

7) to submit a recusation to a person directing the proceedings, as well as the member of an investigative group who performs investigative actions with the detained person;

8) to submit complaints regarding the actions of officials;

9) to submit requests regarding the emergency performance of investigative actions as a result of which evidence may be acquired for confirming the invalidity of suspicions;

10) to receive legal assistance from a defence counsel during the conducting of procedural actions.

(2)

An image of a detained person recorded as a photograph, video, or by other types of technical means shall not be published in the mass media during procedural actions without the consent of such detained person if such publication is not necessary for the disclosure of a criminal offence.

(3)

A detained foreign national has the right to request that the diplomatic or consular representation office of his or her state be informed.

[19 January 2006]

Section 64. Duties of a Detained Person

(1)

A detained person has a duty to provide true identifying information regarding him or herself.

(2)

A detained person has a duty to allow for him or herself to be subjected to a study of an expert, and to submit samples for comparative study or to allow that such samples be obtained.

(3)

A detained person shall comply with specified procedures during the conducting of procedural actions.

Section 65. Suspects

If the totality of evidence provides grounds for the allegation of a person directing the proceedings that the criminal offence to be investigation was most likely committed by a concrete person, he or she shall take a written decision that such person is recognised as a suspect.

Section 66. Rights of a Suspect

From the moment when a person is notified that he or she is recognised as a suspect, such person shall have the following rights:

1) to receive a copy of the decision with which such person has been recognised as a suspect, as well as written information regarding the rights and duties of a detained person;

2) to invite a defence counsel and enter into an agreement with him or her without delay or to utilise legal assistance ensured by the State if he or she with his or her own funds is unable to enter into an agreement with a defence counsel. A suspected person has the right to receive from a person directing the proceedings a list of advocates practising in the relevant court region, as well as to invite a defence counsel by telephone free of charge;

3) to submit a request regarding the payment of the assistance of a counsel from State resources;

4) in the cases provided for by the Law, to request the participation of an advocate for the ensuring of a defence in a separate procedural action, if an agreement regarding assistance of a defence counsel has not yet been entered into with a concrete advocate, or if such defence counsel has not been able to arrive;

5) to meet in the place of detention with a defence counsel in conditions ensuring confidentiality of negotiations without special permission of a person directing the proceedings and without time restrictions;

6) to familiarise him or herself with a Criminal Proceedings Register not later than within a term of three days after the submission of an application;

7) to submit a recusation for officials entered in the Register;

8) to submit applications regarding the performance of investigative actions and participation in such operations;

9) to participate in investigative actions that are performed on the basis of an application of such person or the counsel thereof, if such participation does not hinder the performance of investigative actions or does not infringe upon the rights of another person;

10) to receive a motivated decision if the suspect has been refused participation in the investigative actions that are performed on the basis of his or her request or a request of the counsel thereof;

11) to familiarise him or herself with a decision regarding the determination of an expert-examination before the transferral thereof for execution, if the exert-examination applies to such person, and to request the raising of additional questions regarding which the expert must give a conclusion, except for cases where an expert-examination has been determined during another investigative action;

12) to submit complaints, in accordance with the procedures specified by Law, regarding the actions of officials authorised for the performance of criminal proceedings;

13) to appeal procedural decision in accordance with the cases, term, and procedures specified in the Law;

14) to express his or her attitude toward expressed suspicions orally or in writing;

15) to testify or refuse to provide testimony;

16) to request that measures for the regulation of criminal legal relations be performed with the consent thereof, as well as that moral, physical, and material damage be compensated;

17) to settle with the victim;

18) to submit an application regarding the termination of criminal proceedings, if the term for the completion of pre-trial proceedings specified in the Law is violated;

19) to participate with the investigating judge in the examination of his or her own complaints and the complaints of the defence counsel thereof, as well as a proposal of a person directing the proceedings, if the Law does not prescribe other procedures for examination;

20) to express a wish to co-operate with the officials who are performing the criminal proceedings;

(2)

An image of a suspect recorded as a photograph, video, or by other types of technical means shall not be published in the mass media during procedural actions without the consent of such suspect if such publication is not necessary for the disclosure of a criminal offence.

(3)

The failure to provide testimony shall not be assessed as a hindrance to the ascertaining of the truth in a case or an evasion of the pre-trial investigation process.

[19 January 2006]

Section 67. Duties of a Suspect

(1) From the moment when a person is notified that he or she is recognised as a suspect, such person shall have the following duties:

1) to arrive at the specified time at the place indicate by an official authorised to perform proceedings, if the invitation was made in accordance with the procedures specified by Law;

2) to not delay or hinder the progress of criminal proceedings; 3) to comply with the provision of a security measure and the restrictions referred to in the Law; 4) to permit that he or she be subjected to the study of an expert, and to submit samples for comparative study or to permit such samples to be obtained; 5) to comply with the specified procedures during the performance of procedural actions; 6) to indicate the fact that during the commitment of the criminal offence, such person was in another place (hereinafter – alibi), or the conditions provided for in the Criminal Law that exclude criminal liability.

(2) The non-execution of the provision of a security measure or the lawful requests of officials, the violation of specific restrictions, or the non-observance of procedures shall be grounds for the matter to be decided regarding the application of a stricter security measure, the determination of additional restrictions, or the application of procedural sanctions.

Section 68. Termination of the Status of a Suspect

(1) A person shall lose the status of a suspect, if: 1) criminal proceedings are terminated completely or against the concrete person; 2) the decision with which such person has been recognised as a suspect is revoked; 3) such person is held criminally liable and the criminal prosecution thereof is

initiated.

(2)

The fact that the decision with which a person has been recognised as a suspect has been revoked shall not be an obstacle to the repeated recognition of such person as a suspect, if additional evidence is obtained that provides sufficient grounds for the allegation that precisely such person has most likely committed a criminal offence; nevertheless, such person shall retain the rights to the completion of criminal proceedings in a reasonable term and the total term in which such person has the procedural status of a suspect shall not exceed the term specified in the Law.

(3)

A person against whom criminal prosecution has been initiated may not be recognised as a suspect for the same criminal offence.

Section 69. Accused Persons

(1)

An accused person shall be a person who is held criminally liable, with a decision of a person directing the proceedings, regarding the committing of a criminal offence, and against whom initiated criminal proceedings have not been terminated, and who has not been acquitted or found guilty with a court judgment that has entered into effect.

(2)

One and the same person may not simultaneously be the accused and the suspect in the same criminal proceedings.

Section 70. Rights of an Accused in Pre-trial Proceedings

(1) An accused has the same rights in pre-trial criminal proceedings as a suspect, as well as the following rights:

1) after the completion of pre-trial criminal proceedings, to receive copies of all the materials of a criminal case to be transferred to a court, if such materials have not been issued earlier or with the consent of a public prosecutor to become acquainted with the materials of a criminal case to be transferred to a court;

2) to submit applications up to the end of the pre-trial criminal proceedings and to become acquainted with the received or presented materials of a criminal case to be transferred to a court ;

3) to submit an application to the investigating judge requesting that he or she be acquainted with the materials of special investigative actions that are not appended to the criminal case (primary documents);

4) to give consent or not give consent to the termination of criminal proceedings, conditionally freeing him or her from criminal liability, or to the injunction of a public prosecutor regarding a penalty;

5) to agree with a person directing the proceedings – public prosecutor regarding the completion of criminal proceedings in an agreement process;

6) to agree with a person directing the proceedings – public prosecutor regarding the possibility for a criminal case in a prosecution wherein the accused is incriminated to be adjudicated in court without an examination of evidence;

7) to revoke the complaints of counsel.

(2)

Separate rights may be restricted in accordance with the procedures specified by Law, or implemented in a particular way, depending on the selected type of proceedings.

(3)

The failure to provide testimony shall not be assessed as a hindrance to the ascertaining of the truth in a case or an evasion of the pre-trial investigation process.

[19 January 2006]

Section 71. Rights of an Accused in a Court of First Instance

An accused has the following rights in a court of first instance: 1) to find out the place and time of the trial in a timely manner; 2) to invite a defence counsel or request the ensuring of the participation of a defence

counsel in a court session;

3) to participate in the adjudication of a criminal case and to use the language that he or she understands, if necessary using the assistance of an interpreter free of charge;

4) to submit a recusation to the composition of the court, an individual judge, a maintainer of state prosecution, and an expert;

5) to request that a defence counsel be replaced, if there exist the obstacles to his or

her participation specified in the Law;

6) to agree to the non-performance of an examination of evidence in a court session;

7) to express his or her view regarding each matter to be discussed, if such view

applies to his or her prosecution or personal characterising data;

8) to participate in an examination performed directly and orally of each piece of evidence, if the evidence applies to his or her prosecution or personal characterising data;

9) to submit to the court a substantiated request to utilise the rights referred to in Paragraphs 7 and 8 of this Section also in cases where the matter or evidence to be examined does not directly apply to his or her prosecution or personal characterising

data;

10) to submit requests;

11) to testify;

12) to speak in court debates, if the defence counsel does not participate; 13) to say the last word;

14) to receive a copy of a court adjudication and familiarise him or herself with the minutes of a court session; and

15) to appeal a court adjudication in accordance with the procedures specified by Law.

Section 72. Rights of an Accused in an Court of Appeals

(1) In a court of appeals, the rights of an accused are to be held by an accused: 1) who has submitted an appellate complaint; 2) regarding the prosecution of whom a public prosecutor or victim has submitted an

appellate protest or complaint; 3) whose interests are directly infringed upon with an appellate complaint in the part regarding the prosecution of another accused; and 4) if a judge – person directing the proceedings has recognised such rights as necessary.

(2)

In a session of a court of appeals, an accused has the same rights as in a court of first instance, as well as the right: 1) to receive copies of the appellate complaint or protest that is the basis for his or her participation in a court of appeals; 2) to receive information regarding the term for the examination of complaints; 3) to submit objections or explanations regarding the appellate complaint or protest; and

4) to maintain and justify his or her complain, or withdraw his or her complaint or the complaint of a counsel.

(3)

An accused has the right, beginning with the day specified by a court, to receive a copy of an adjudication of a court of appeals, and to submit a cassation complaint.

Section 73. Rights of an Accused in a Court of Cassation

(1) In a court of cassation, the rights of an accused are to be held by an accused: 1) who has submitted a cassation complaint; 2) regarding the prosecution of whom a public prosecutor or victim has submitted a

cassation protest or complaint; 3) whose interests are directly infringed upon with a cassation complaint in the part regarding the prosecution of another accused; and 4) if a judge – person directing the proceedings has recognised such rights as necessary.

(2) In a court of cassation, an accused has the following rights until the initiation of the adjudication of a case:

1) to receive copies of the cassation complaint or protest that is the basis for his or her participation in the court of cassation;

2) to receive information regarding the term and procedure for the examination of complaints; 3) to submit objections or explanations regarding the cassation complaint or protest; and 4) to invite a counsel.

(3)

If a case is adjudicated in oral procedure in a court session, an accused has the right to maintain or withdraw his or her complaint or a complaint of a defence counsel, and to express his or her view regarding other complaints that have been the basis for the recognition of the status of an accused in a court of cassation.

(4)

If a complaint is examined in a written procedure in a court of cassation, an accused has the right: 1) to receive copies of the cassation complaint or protest that is the basis for his or her participation in the court of cassation; 2) to submit a recusation to the composition of the court, or an individual judge; 3) to submit written objections regarding the complaints of other persons; and

4) to submit a substantiated request regarding the examination of a complaint in an oral procedure in a court session in his or her presence.

Section 74. Duties of an Accused

An accused has the same duties in all stages of criminal proceedings as a suspect.

Section 75. Rights of a Person who has Committed a Criminal Offence in a State of Incapacity

(1)

A person who has committed a criminal offence in a state of incapacity, but who may participate in criminal proceedings, in accordance with the conclusion of a court psychiatric expert-examination, regarding the determination of a security measure of a medical nature, has the same rights as an accused, except for the right to refuse a defence counsel and the right to speak in court debates.

(2)

The person referred to in Paragraph one of this Section has the right to the payment from State resources of the assistance of a defence counsel.

(3)

If, in accordance with a conclusion of a court psychiatric expert-examination, a person may not participate in criminal proceedings, all the rights thereof to assistance of a defence counsel shall be implemented by a counsel and, in the framework specified by Law, also by a representative who a person directing the proceedings has permitted to participate in the proceedings.

Section 76. Rights of Person who has Committed a Criminal Offence regarding which a Limitation Period has Come into Effect

(1)

If a person admits his or her guilt in the committing of a criminal offence, such person has the right to request the termination of criminal proceedings in connection with the coming into effect of a limitation period of criminal liability.

(2)

If a person does not admit his or her guilt in the committing of a criminal offence, such person has the right to submit a complaint regarding the decision of a public prosecutor regarding the termination of criminal proceedings in connection with the limitation period of criminal liability in the court that has jurisdiction over the examination of the relevant criminal offence in the first instance.

(3)

During the examination of a complaint, the submitter of the complaint has the same rights as an accused in a court of first instance, except for the right to the last word and the right to appeal a court adjudication.

Section 77. Rights of a Person who Intervenes regarding the Exoneration of a Deceased Person

(1)

If criminal proceedings are terminated with a decision of a person directing the proceedings for non-exonerating reasons, in substance finding a person guilty for the committing of a criminal offence, and the person dies after such termination, the legal representatives or close relatives of such person, or persons at the disposal of whom are facts that testify to the innocence of such deceased person, may enter into criminal proceedings in order to exonerate the deceased person.

(2)

The persons referred to in Paragraph one of this Section have the right to request the continuation of criminal proceedings, assigning an advocate for the defence of the claim referred to in the application, and determining the framework of the advocate’s authorisation.

(3)

A person who has requested the continuation of proceedings has the same rights as an accused in pre-trial proceedings and in court, except for the right to the last word in court.

(4)

In pre-trial proceedings and in court, the advocate who implement the defence of the requests referred to in an application has the same rights as a defence counsel in proceedings regarding the determination of a security measure of a medical nature, when the defendant cannot participate in proceedings.

Section 78. Rights of a Person against whom Criminal Proceedings have been Terminated in Connection with Conditions that Exclude Criminal Liability

(1)

If criminal proceedings are terminated in connection with the fact that a person has committed a criminal offence without violating the necessary boundaries of defence, while conducting detention, in a state of extreme necessity, or as a result of justified professional risk, but such person does not admit to the criminal offence, such person has a right to submit a complaint regarding the decision of the public prosecutor in a district (city) court.

(2)

During the examination of a complaint, such person has the same rights as a person who disputes his or her guilt in a criminal offence regarding the committing of which a limitation period has come into effect for such person.

Section 79. Defence Counsel

(1) A defence counsel shall be an advocate practicing in Latvia who implement the defence in criminal proceedings, or a specific stage or separate procedural action thereof of a person who has the right to defence.

(2) The following may be a defence counsel in criminal proceedings: 1) a sworn advocate; 2) an assistant of a sworn advocate; 3) A citizen of a European Union Member State who has acquired the classification

of an advocate in one of the Member States of the European Union; 4) a foreign advocate (except for the advocate referred to in Paragraph three of this Section) in accordance with the international agreement regarding legal assistance binding on the Republic of Latvia.

(3)

A defence counsel shall not refuse the defence that he or she must perform in accordance with an agreement without the consent of the defendant.

(4)

A defence counsel shall participate in a case from the moment of an agreement or the acceptance of a task, if the defendant has obtained the right to assistance of a defence counsel in accordance with the procedures specified by this Law.

(5)

The rights of an advocate as a defence counsel to participate in criminal proceedings shall be approved by a retainer.

(6)

A defence counsel shall not undertake the defence of another person, or provide legal assistance thereto, if such undertaking or provision is in conflict with the interests of the defendant with whom an agreement was signed earlier.

(7)

A defence counsel shall not enter into an agreement regarding the defence of several persons in one criminal proceedings if conflicts exist between the defence interests of such persons.

Section 80. Retaining a Defence Counsel

(1)

An agreement with a defence counsel shall be entered into by a person who has the right to assistance of a defence counsel, or other persons who are under the assignment or acting in the interests thereof.

(2)

In cases where the participation of a defence counsel is mandatory, or on the basis of a request of an interested person, an agreement may be entered into by an authority to which the ensuring of legal assistance has been entrusted.

(3)

A person directing the proceedings shall not enter into an agreement regarding defence and may not retain a particular advocate as a defence counsel, but shall provide an interested person with necessary information and provide such person with the opportunity to utilise means of communication for the retention of the defence counsel.

(4)

In cases where the participation of a defence counsel is mandatory, but the interested person has not entered into an agreement with a defence counsel, a person directing the proceedings shall inform the authority to which the ensuring of legal assistance has been entrusted that such authority must ensure a defence counsel.

(5)

If an agreement has not yet been entered into with a defence counsel, a person directing the proceedings shall invite an advocate, in the emergency cases provided for in the Law, to ensure assistance of a defence counsel in a separate procedural action.

Section 81. Defence Counsel in a Separate Procedural Action

(1) An advocate shall be retained, on the basis of a special assignment, to ensure defence in an individual procedural action, if an agreement has not yet been entered into regarding the participation of a defence counsel in criminal proceedings, or if a defence counsel who was duly notified has not been able to arrive for the performance of the following procedural actions:

1) the provision of testimony in connection with detention; 2) recognition as a suspect, and the first interrogation of a suspect; 3) examination by an investigating judge of a matter related to the application of a

security measure.

(2)

A person directing the proceedings shall ensure the retention of an advocate in accordance with the procedures specified by regulatory enactments.

(3)

The performance of defence in an individual procedural action imposes upon an advocate the duty to undertake defence in the entire criminal proceedings or a stage thereof.

Section 82. Rights and Duties of a Defence Counsel in Ensuring Defence in an Individual Procedural Action

(1)

In ensuring the defence of a detained person, a suspect, or an accused in an individual procedural action, a defence counsel has the same rights and duties in connection with a concrete procedural action as a defence counsel who participates in the entire proceedings.

(2)

A defence counsel may meet with the defendant both before and after a procedural action in order to prepare for the performance of the operation, and to discuss the results thereof.

(3)

A defence counsel has also the right, after the completion of an operation and independent of the defendant, to utilise the rights specified for a defence counsel in the submission of a complaint regarding the actions of officials, and in the submission of a request, if such utilisation arises directly from the performed operation and complies with the co-ordinated defence position of the defendants.

(4)

A defence counsel, utilising his or her professional knowledge and experience, shall provide a detained person, suspect, or accused with the legal information and recommendations that are necessary in order to designate a defence position corresponding to the conditions, and to implement such position.

Section 83. Mandatory Participation of a Defence Counsel

(1) The participation of a defence counsel is mandatory in criminal proceedings:

1) if a minor, person not having the capacity to act, or person with diminished mental capacity has the right to assistance of a defence counsel;

2) regarding the determination of compulsory measures of a medical nature;

3) if such proceedings are continued in connection with an application regarding the exoneration of a deceased person;

4) if the right to assistance of a defence counsel is held by a person who is not able to completely utilise his or her procedural rights due to a physical or mental deficiency;

5) if the right to assistance of a defence counsel is held by an illiterate person or a person with a level of education so low that such person may not completely utilise his or her procedural rights.

(2) The participation of a defence counsel is mandatory in criminal proceedings that take place in accordance with the procedures of agreement proceedings from the moment when negotiations are begun with the accused regarding the entering into of an agreement.

Section 84. Payment for the Assistance of a Defence Counsel

(1)

Payment for the assistance of a defence counsel shall be ensured, in accordance with an agreement, by the person who has invited the defence counsel and signed the agreement.

(2)

The Cabinet shall determine the procedures for and amount of payment of State ensured legal assistance.

(3)

The institution liable for the provision of legal assistance shall make payment, in accordance with the procedure and amount specified by the Cabinet, from the State resources provided for such purposes to an advocate for the ensuring of defence in an individual procedural action,.

(4) A defence counsel has the right to request the recovery of payment.

[19 January 2006]

Section 85. Rights to Exemption from Payment for the Assistance of a Defence Counsel

(1)

The following have the right to exemption from payment for the assistance of a defence counsel, which in such case shall be covered from State resources: 1) a person whose financial situation excludes the possibility to ensure payment from his or her own resources for the assistance of a defence counsel;

2) a person who has not wished for a defence counsel in criminal proceedings wherein the participation of a defence counsel is mandatory.

(2)

A decision regarding the payment from State resources of the assistance of a defence counsel shall be taken by an investigating judge in pre-trial proceedings, or by the court in adjudication.

Section 86. Rights and Duties of a Defence Counsel

(1) A defence counsel has all the rights that are held by his or her defendant in the relevant proceedings, as well as the right: 1) to request, in accordance with the procedures specified by regulatory enactments, and receive information necessary for the defence of a person;

2) to participate, in accordance with procedures corresponding to the type and stage of proceedings, in an interrogation of the defendant, to participate in other investigative actions regarding the performance of which a person who has the right to defence, or the defence counsel, has submitted a request, and to participate in the investigative actions wherein the defendant would be entitled to participate, but does not do so;

3) to familiarise him or herself in criminal proceedings, in the cases of mandatory defence referred to in Paragraph one of Section 83 of this Law, with all the materials of the case from the moment of the submission (initiation of criminal prosecution) of the prosecution, and to receive copies of such materials;

4) to familiarise him or herself, after the completion of an investigation, with the materials of a criminal case, and to copy the necessary materials with technical means; 5) to speak in court debates; 6) to submit an application to the Supreme Court regarding the renewal of criminal proceedings in connection with newly disclosed circumstances.

(2)

A defence counsel shall not replace a defendant, but shall operate in the interest thereof. Only a defendant shall be represented by him or herself in the procedural actions wherein his or her subjective view is expressed, and, in particular:

1) in the expression of his or her attitude toward the suspicions or prosecution; 2) in the provision of testimony; 3) in the last word.

(3)

A defence counsel has the right to meet with a detained or arrested defendant in conditions ensuring confidentiality, without restrictions on the number or duration of meeting times, and without the special permission of a person directing the proceedings, and, if necessary, inviting an interpreter. Such meeting may take place in the visual control conditions of an authorised official, but outside of hearing distance.

(4)

If there is concrete information regarding facts that testify that a defence counsel utilises his or her rights in order to delay a procedural action, or consciously violates his or her rights, an investigating judge, on the basis of a proposal of a person directing the proceedings, or a court may restrict the duration of meetings or provide that meetings occur in conditions that exclude the transferral of written materials or other objects to the defendant. The Council of Latvian Sworn Advocates shall be notified regarding such decision.

(5)

A defence counsel has a duty to utilise his or her professional knowledge and experience, as well as all the means and techniques of defence indicated in the Law, in order to ascertain what are the justifying and mitigating circumstances for a person who has the right to defence, and to provide such person with the necessary legal assistance.

(6)

In appealing the adjudication of a public prosecutor regarding the completion of proceedings, a defence counsel shall inform the defendant.

(7)

A defence counsel is not entitled to disclose information regarding what has been made known to him or her in connection with the performance of defence without the consent of the defendant.

Section 87. Conditions that Prohibit an Advocate from Participating in Criminal Proceedings

(1) An advocate shall not undertake defence or the provision of legal assistance, and he or she shall inform the defendant regarding the necessity to revoke an agreement if such agreement has already been entered into, if:

1) he or she has provided or provides legal assistance in such case to the person whose interests are in conflict with the interests of the person who requested the provision of legal assistance in the same case;

2) the interest of such person are in conflict with the interests of another person with whom an agreement was entered into earlier in another administrative proceedings, civil proceedings, or criminal proceedings;

3) the interests of the defendant are in conflict with the interest of the advocate or of persons with whom such defendant is in a relation of kinship to the third degree, affinity to the second degree, or to whom he or she is married or with whom he or she has a common household;

4) earlier in such proceedings, the advocate was an official who was authorised to perform criminal proceedings;

5) the official with whom the advocate has a relation of kinship to the third degree, affinity to the second degree, or to whom he or she is married or with whom he or she has a common household has been entered in a particular Criminal Proceedings Register;

6) the advocate is a witness or victim in such proceedings.

(2) If an advocate continues to operate in a conflict of interest situation, a person involved in criminal proceedings may express a recusation to the advocate, which shall be decided by a person directing the proceedings.

Section 88. Refusing of a Defence Counsel

(1)

A person who has the right to defence is entitled to refuse a defence counsel. Such refusal shall be allowed only on the basis of the initiative of the person him or herself. The refusing of a defence counsel shall not be an obstacle to the participation, in criminal proceedings, of a maintainer of State prosecution and the defence counsel of another person.

(2)

If a person who has the right to defence refuses a defence counsel, such refusal shall be recorded in the minutes of the procedural action. The person shall unequivocally certify with his or her signature that the refusing of a defence counsel has taken place voluntarily and on the basis of the initiative of the person him or herself. If a person who has the right to defence has expressed a request regarding the participation of a defence counsel, the refusal of a defence counsel may take place only in the presence of the defence counsel.

(3)

The refusing of a defence counsel shall not be binding to a person directing the proceedings, if the persons referred to in Paragraph one of Section 83 of this Law refuses the defence counsel.

Section 89. Representative of a Minor

(1) In order to completely ensure the rights and interests of a minor person who has the right to defence, the representative thereof may participate in criminal proceedings.

(2) The following may be a representative: 1) one of the lawful representatives (mother, father, guardian, trustee); 2) one of the grandparents, or a brother or sister of legal age, if the minor has lived

together with one of such persons and the relevant relative takes care of the minor;

3) a representative of an authority protecting the rights of children;

4) a representative of a non-governmental organisation that performs the function of

protecting the rights of children.

(3)

A representative shall be permitted to participate in criminal proceedings, or he or she shall be replaced, with a decision a person directing the proceedings, which may also be written in the manner of a resolution. In deciding such matter, the person directing the proceedings shall observe the sequence specified in Paragraph two of this Section and the opportunities and desire of the concrete persons to truly protect the interests of the minor.

(4)

A representative shall be permitted to participate in criminal proceedings from the moment when a minor has acquired the right to assistance of counsel, and a decision has been taken regarding the participation of his or her representative.

(5)

A decision shall be taken without delay, but not later than within a term of three working days. If it is not possible to choose one of the persons referred to in Clauses 1 and 2 of Paragraph two of this Section within such term, a representative of the authority protecting the rights of children shall be invited.

(6)

A representative shall terminate his or her participation in criminal proceedings when the person to be represented attains legal age.

Section 90. Rights of the Representative of a Minor Person in the Actualisation of Defence

(1) If a minor person has the right to assistance of counsel, his or her representative is entitled: 1) to know the procedural status and rights of the person to be represented;

2) to receive copies of the decisions that determine the status of the person to be represented, and information regarding his or her own rights and the rights of the person to be represented;

3) to familiarise him or herself with the Criminal Proceedings Register and submit recusations to the officials entered therein; 4) to submit complaints regarding the actions and decisions of officials, to submit requests in accordance with the same procedures as the person to be represented;

5) to receive copies of the materials of the criminal case to be submitted to the court, if the minor is in detention;

6) [19 January 2006]

7) to receive information regarding the term and place of the trial of a criminal case in a court of any instance;

8) to participate in closed court sessions;

9) to familiarise him or herself with court adjudications in accordance with the same procedures as a defence counsel;

10) to appeal court adjudications in accordance with the same procedures and amount as the person to be represented;

11) to invite a defence counsel for the actualisation of the rights of defence.

(2) A representative may participate with the consent of a person directing the proceedings in the procedural actions wherein the person to be represented participates.

[19 January 2006]

Section 91. Representative in Criminal Proceedings regarding the Determination of Compulsory Measures of a Medical Nature

(1) In order to completely ensure the rights and interests of a person who has committed a criminal offence in a state of incapacity, the representative thereof may participate in criminal proceedings.

(2) The following may be a representative: 1) a trustee; 2) a spouse; 3) a mother, father, or guardian; 4) one of the grandparents, or a brother, sister, son, or daughter of legal age, or

another close relative of legal age, if the person lives together with him or her and he or she cares for such person; 5) a representative from the medical institution wherein the person is receiving treatment; 6) a representative of the Orphan’s Court (parish court).

(3)

A representative shall be permitted to participate in criminal proceedings, or he or she shall be replaced, with a decision by a person directing the proceedings, which may also be written in the manner of a resolution. In deciding such matter, the person directing the proceedings shall observe the sequence specified in Paragraph two of this Section and the opportunities and desire of the concrete persons to truly protect the interests of the person in a state of incapacity.

(4)

A representative of a person who has committed a criminal offence, and proceedings for the determination of compulsory measures of a medical nature have been initiated because the person has fallen ill with mental disturbances after the committing of the criminal offence, may also participate in criminal proceedings.

(5)

A representative shall be permitted to participate in criminal proceedings from the moment when proceedings are initiated for the determination of compulsory measures of a medical nature, and a decision has been taken regarding the participation of the representative.

(6)

A representative shall terminate his or her participation in criminal proceedings if the proceedings are continued in accordance with general procedures.

Section 92. Rights of a Representative in Proceedings regarding the Determination of Compulsory Measures of a Medical Nature

(1)

The representative of a person who has committed a criminal offence in a state of incapacity has the right: 1) to receive information regarding his or her own rights and the rights of the person to be represented; 2) to familiarise him or herself with the Criminal Proceedings Register and submit recusations to the officials entered therein; 3) to submit complaints regarding the actions and decisions of officials, to submit requests in accordance with the same procedures as the person to be represented; 4) to receive copies of the materials of the criminal case to be submitted to a court; 5) [19 January 2006] 6) to receive information regarding the term and place of the examination of a criminal case in a court of any instance; 7) to participate in closed court sessions;

8) to familiarise him or herself with court adjudications, and to appeal such adjudications in accordance with the same procedures as a defence counsel;

(2)

The rights referred to in Paragraph one of this Section are also to be held by the representative of a person who has fallen ill with mental disturbances after the committing of a criminal offence.

[19 January 2006]

Section 93. Representative of a Legal Person in Proceedings regarding the Application of a Coercive Measure

(1)

In order to ensure the rights and interests of a legal person in proceedings regarding the application of a coercive measure to the legal person in connection with a criminal offence of a natural person committed in the interests of such legal person, a representative of the legal person may participate in criminal proceedings.

(2)

The following may be a representative of a legal person: 1) a natural person in accordance with the authorisations that have been specified in documents regulating the operations of the legal person;

2) a natural person, on the basis of a power of attorney issued specially for such purpose.

(3)

The representative of a legal person may not be a person who is a witness or victim in the concrete criminal proceedings, or the personal interests of whom or of close relatives thereof are in conflict with the interests of the legal person to be represented.

(4)

A representative shall be permitted to participate in criminal proceedings, or he or she shall be replaced, with a decision by a person directing the proceedings, which may also be written in the manner of a resolution.

Section 94. Rights of a Representative of a Legal Person in Proceedings regarding the Application of a Coercive Measure

(1)

A representative of a legal person has the same rights and procedural duties as an accused.

(2)

A representative of a legal person may retain an advocate for the complete actualisation of his or her rights. The legal person shall ensure the work remuneration of the advocate.

Chapter 6 Victims and the Representation thereof

Section 95. Persons who may be Victims

(1)

A victim in criminal proceedings may be a natural person or legal person to whom harm was caused by a criminal offence, that is, a moral injury, physical suffering, or a material loss.

(2)

A victim in criminal proceedings may not be a person to whom moral injury was caused as a representative of a specific group or part of society.

(3)

If a person dies as a result of a criminal offence, the victim in criminal proceedings may be the surviving spouse, one of the ascending or descending relatives of the deceased, or the adopter or a collateral relative of the first degree of such deceased.

Section 96. Recognition as a Victim

(1)

A person shall be recognised as a victim by a person directing the proceedings, or a member of an investigative group, with a decision thereof, which may also be written in the manner of a resolution.

(2)

A person directing the proceedings shall inform a person in a timely manner regarding the rights thereof to be recognised as a victim in criminal proceedings.

(3)

A person may be recognised as a victim only with the written consent of such person or the representative thereof.

Section 97. General Principles of the Rights of a Victim

(1)

A victim, taking into account the amount of financial loss, physical suffering, and moral injury caused to him or her, shall submit the amounts of such damage, and utilise his or her procedural rights for acquiring moral and material compensation.

(2)

A victim may implement all of the rights referred to in Sections 98, 99, 100, and 101 of this Law only in the part of criminal proceedings that directly applies to the criminal offence with which damage was caused to him or her.

(3)

A victim has the right, in all stage of criminal proceedings and in all types thereof, to participate in criminal proceedings using the language that he or she understands, and, if necessary, utilising the assistance of an interpreter free of charge.

(4)

A victim – natural person may implement the rights thereof him or herself, or with the intermediation of a representative.

(5)

The rights of a victim – legal person shall be implemented by the representative thereof.

(6)

In order to ensure the actualisation of rights, a victim or the representative thereof may invite the person referred to in Paragraph two of Section 79 of this Law for the provision of legal assistance.

(7)

A victim shall implement his or her rights voluntarily and in an amount designated by him or her. The non-utilisation of rights shall not delay the progress of proceedings.

(8)

A victim may settle, in all stages of proceedings and in all types thereof, with the person who caused harm to him or her. In the cases provided for in the Law, a settlement shall be the grounds for the termination of criminal proceedings.

(9)

An image of a victim recorded as a photograph, video, or by other types of technical means shall not be published in the mass media during procedural actions without the consent of such victim if such publication is not necessary for the disclosure of a criminal offence.

Section 98. Rights of a Victim in Pre-trial Criminal Proceedings

(1) A victim has the following rights in pre-trial criminal proceedings: 1) to familiarise him or herself with the Criminal Proceedings Register, and to submit a recusation to officials entered therein, not later than within a term of three working days

after the submission of an application;

2) to not testify against him or herself or against his or her close relatives;

3) to submit applications regarding the performance of investigative and other

operations;

4) to familiarise him or herself with a decision regarding the determination of an expert-examination before the transferral thereof for execution, and to submit an application regarding the amendment thereof, if the expert-examination is conducted on

the basis of his or her own application;

5) [19 January 2006]

6) to submit complaints, in accordance with the procedures specified by Law,

regarding the actions of an official authorised for the performance of criminal proceedings; 7) to appeal procedural decisions in pre-trial criminal proceedings in accordance with the cases, term, and procedures specified by Law;

8) after the completion of an investigation, to receive copies of the materials of the criminal case to be transferred to a court that directly apply to the criminal offence with which harm has been caused to him or her;

9) [19 January 2006]

10) to submit a request to the investigating judge that he or she be acquainted with the materials of special investigative actions that are not appended to the criminal case (primary documents);

(2) In questioning and interrogation, a victim also has all the rights and duties of a witness.

[19 January 2006]

Section 99. Rights of a Victim in a Court of First Instance

A victim has the following rights in a court of first instance: 1) to find out the place and time of the trial in a timely manner; 2) to submit a recusation to the composition of the court, an individual judge, a

maintainer of state prosecution, and an expert;

3) to participate him or herself in the examination of a criminal case;

4) to express his or her view regarding every matter to be discussed;

5) to participate in an examination performed directly and orally of each piece of

evidence to be examined in court;

6) to submit applications;

7) to speak in court debates;

8) to familiarise him or herself with a court adjudication and the minutes of a court

session; 9) to appeal a court adjudication in accordance with the procedures specified by Law.

[19 January 2006]

Section 100. Rights of a Victim in an Court of Appeals

(1)

If an adjudication of a court of first instance is appealed in the part regarding a criminal offence with which harm was caused to a victim, a person directing the proceedings shall send copies of received appellate complaints to the victim, and a court of appeals shall notify regarding the time, place, and procedures for the examination of the complaints.

(2)

In a court session, a victim has the same rights as in a court of first instance, as well as the right to maintain and justify his or her complaint, or withdraw such complaint.

(3)

A victim has the right to familiarise him or herself with the minutes of a court session, to receive an adjudication of a court of appeals on the day specified by the court, and to submit a cassation complaint.

Section 101. Rights of a Victim in a Court of Cassation

(1)

If an adjudication of a court of appeals is appealed in the part regarding a criminal offence with which harm was caused to a victim, a person directing the proceedings shall send copies of received cassation complaints to the victim, and a court of cassation shall notify regarding the time, place, and procedures for the examination of the complaints.

(2)

If a complaint is examined in a written procedure in a court of cassation, a victim has the right: 1) to submit a recusation to the composition of the court, or an individual judge; 2) to submit written objections regarding the complaints of other persons;

3) to submit a substantiated request regarding the examination of a complaint in an oral procedure in an open court session in his or her presence.

(3)

In examining a case in a court session in proceedings taking place orally, a victim has the right to submit recusations, maintain or withdrawn his or her complaint, and to express a view regarding other complaints that have been the grounds for his or her participation in a court of cassation.

Section 102. Victim in a Private Prosecution Case

(1)

A person to whom harm has been caused as a result of the criminal offence provided for in Sections 130 (except for cases related to violence in the family), 156, 157, and 158 of the Criminal Law shall submit a complaint to the district (city) court according to his or her place of residence, and shall be recognised as a victim with a decision of a judge regarding the initiation of criminal proceedings.

(2)

In a private prosecution case, a victim has a duty to prove the accusation expressed in the complaint. For this purpose, the victim shall submit a request to a judge regarding the summoning of a person to court, and regarding the requesting of the necessary materials, if such summoning and requesting requires the authorisation of a State official.

(3)

In adjudicating a case in court, a victim has the rights specified in Sections 99, 100, and 101 of this Law.

Section 103. Duties of a Victim

(1)

A victim has a duty to arrive for the performing of criminal proceedings at the time and place indicated by an authorised official, and to participate in an investigative action.

(2)

A victim does not have a duty to utilise his or her procedural rights, and he or she may not be asked to be subjected to conveyance by force, if such victim is not asked in connection with the necessity to participate in an investigative action.

Section 104. Persons who may be the Representative of a Victim – Natural person

(1) A victim – natural person of legal age may be represented, on the grounds of the authorisation of the victim, by any natural person of legal age and with the capacity to act.

(2) If harm has been caused to a minor person, the victim shall be represented by: 1) a mother, father, or guardian; 2) one of the grandparents, or a brother or sister of legal age, if the minor has lived

together with one of such persons and the relevant relative takes care of the minor; 3) a representative of an authority protecting the rights of children; 4) a representative of a non-governmental organisation that performs the function of

protecting the rights of children.

(3)

If harm has been caused to a person who has been recognised as not having the capacity to act, the victim shall be represented by the trustee thereof or one of the persons referred to in Paragraph two of this Section.

(4)

In the cases referred to in Paragraphs two and three of this Section, all the rights of a victim belong completely to his or her representative, and the victim may not independently implement such rights, except for the rights of a minor to provide testimony and express his or her view.

(5)

If the rights of a minor and the protection of the interests thereof are encumbered or otherwise not ensured, or the representatives referred to in Paragraph two of this Section submit a substantiated request, a person directing the proceedings shall take a decision regarding the retaining of an advocate as the representative of a minor victim. In such cases, the work of the advocate shall be paid, in accordance with the procedures specified by the Cabinet, from the State resources provided for such purposes.

(6)

In exceptional cases, a person directing the proceedings shall take a decision regarding the retaining of the representative – advocate of a victim – deprived person of legal age, if it is otherwise not possible to ensure the protection of the rights and interests of the person.

(7)

A representative of a minor person not having the capacity to act shall be permitted to participate in criminal proceedings with a decision by a person directing the proceedings, which may also be written in the manner of a resolution.

(8)

In deciding a matter regarding permission to participate in criminal proceedings regarding a representative of a minor victim or a victim not having the capacity to act, a person directing the proceedings shall observe the sequence specified in Paragraph two of this Section, and the possibilities and desire of the concrete persons to truly protect the interests of the victim.

Section 105. Representation of a Victim – Legal Person in Criminal Proceedings

(1)

A legal person that has been recognised as a victim may be represented by natural persons: 1) in accordance with the authorisations specified in the Law; 2) in accordance with the authorisations that have been specified in documents

regulating the operations of the legal person; 3) on the basis of a power of attorney issued specially for such purpose.

(2)

A representative shall be permitted to participate in criminal proceedings, after the submission and examination of his or her power of attorney, with a decision by a person directing the proceedings, which may also be written in the manner of a resolution.

Section 106. Persons who may not be the Representative of a Victim

(1)

An official who has been entered into the Criminal Proceedings Register may not be the representative of the victim.

(2)

A person who is directly or indirectly interested in the deciding of a case in favour of a person who has caused harm may not be the representative of the victim.

Section 107. Rights of the Representative of a Victim

(1)

If a victim implements his or her interests with the intermediation of a representative, the representative has all the rights of the victim.

(2)

The representative of a minor victim who has reached the age of fifteen years may implement his or her rights together with the person to be represented.

Section 108. Provision of Legal Assistance to a Victim

(1)

A victim or the representative thereof may retain an advocate for the provision of legal assistance in order to completely implement the rights of such victim.

(2)

An advocate who participates as the representative of a victim does not have the rights referred to in Paragraph one of this Section.

(3)

A provider of legal assistance has the right to participate in all procedural actions that take place with the participation of a victim, and to completely or partially utilise the rights of the victim on the basis of a request of such victim.

Chapter 7 Other Persons Involved in Criminal Proceedings

Section 109. Witnesses

(1)

A witness is a person who has been invited, in accordance with the procedures specified by Law, to provide information (testify) regarding the circumstances to be proven in criminal proceedings and the facts and auxiliary facts related to such circumstances.

(2)

In pre-trial criminal proceedings, a witness shall provide information in an inquiry or interrogation. During adjudication, a victim shall provide information only in an interrogation.

(3)

A person directing the proceedings may also invite as a witness an official who is or was authorised to perform proceedings in pre-trial proceedings, except for an investigating judge or public prosecutor, if such person maintains State prosecution in a concrete criminal proceedings.

Section 110. Rights of a Witness

(1)

A witness has the right to know in what criminal proceedings he or she has been invited to testify, to which official he or she has provided information, and the procedural status of such official.

(2)

Before an inquiry and interrogation, a witness has the right to receive information from an executor of a procedural action regarding his or her rights, duties, and liability, the mode of the recording of information, as well as regarding the right to provide testimony in a language that he or she knows well, utilising the services of an interpreter, if necessary.

(3) A witness has the right: 1) to make notes and additions in testimonies recorded in writing, or to request the

opportunity to write testimonies by hand in a language that he or she commands;

2) to not testify against him or herself or against his or her close relatives;

3) to submit a complaint regarding the progress of an inquiry or interrogation during

pre-trial criminal proceedings; 4) to submit a complaint to an investigating judge regarding the unjustified disclosure of a private secret, or to request that the court withdraw a matter regarding a private secret, and to request that the request be entered in the minutes of the session if such request is rejected; 5) to retain an advocate for the receipt of legal assistance.

(4) An image of a witness recorded as a photograph, video, or by other types of technical means shall not be published in the mass media during procedural actions without the consent of such witness if such publication is not necessary for the disclosure of a criminal offence.

Section 111. Duties of Witnesses

(1)

In answering posed questions, a victim shall provide only true information, and shall testify regarding everything that is known to him or her in connection with a concrete criminal offence. The right to not testify is held only by persons for whom such procedural immunity has been specified in the Constitution, this Law, and international treaties binding to Latvia.

(2)

A witness has a duty to arrive at the time and place indicated by an official performing criminal proceedings, and to participate in an investigative action, if the procedures for invitation have been complied with.

(3)

A witness shall not disclose the content of an inquiry or interrogation, if he or she has been specially warned regarding the non-disclosure of such content.

Section 112. Advocates in Criminal Proceedings

(1)

Each person in criminal proceedings has the right to retain an advocate for the receipt of legal assistance. The work remuneration of an advocate shall be ensured by the person him or herself, except for the cases referred to in this Law.

(2)

An advocate who provides legal assistance to a person in criminal proceedings has the right to receive information from the person directing the proceedings regarding the essence of the criminal case, as well as to participate together with the person in the investigative actions that take place with the participation of such person, to provide such person with legal assistance and explanations, to submit requests, and to submit evidence.

Section 113. Specialist

(1)

A specialist is a person who provides assistance to an official performing criminal proceedings, on the basis of the invitation of such official, utilising his or her special knowledge or work skills in a specific field.

(2)

An official who has invited a specialist shall inform such specialist regarding the procedural action in which he or she has been invited to provide assistance, regarding his or her rights and duties, as well as regarding liability for the conscious provision of false information.

(3)

A specialist has a duty: 1) to arrive at the time and place indicated by an official performing criminal proceedings, and to participate in an investigative action, if the procedures for invitation have been complied with. 2) to provide assistance, utilising his or her knowledge and skills, but without conducting practical studies, in the performance of an investigative action, the disclosure of traces of a criminal offence, the understanding of facts and circumstances, as well as in the recording of the progress and results of the investigative action; 3) to direct the attention of the performers of an investigative action to the circumstances that are significant in the disclosure and understanding of circumstances;

4) to not disclose the content and results of an investigative action, if he or she has been specially warned regarding the non-disclosure of such content and results.

(4)

A specialist has the right to make notes, in connection with the operations that he or she has performed or the explanations that he or she has provided, in the document wherein an investigative action is recorded.

Section 114. Assistants of a Person – Person Directing the Proceedings

(1)

The assistant of a judge, the assistant of a public prosecutor, the secretary of a court session, or an employee of the secretariat staff of the relevant institution may perform, under the assignment of a person directing the proceedings, the procedural actions that are not investigative actions and are not related to the taking of a decision, but rather with the execution thereof.

(2)

The interpreters of investigative institutions, the office of a public prosecutor, a court, and prisons shall ensure the rights of a person to use the language that such person commands. A person directing the proceedings may assign another person who commands the relevant language the performance of the duty of an interpreter.

(3)

The official who invites an interpreter shall inform him or her regarding the rights and duties of an interpreter, as well as the liability regarding false translation or a refusal to translate. An interpreter for whom translation is a professional duty, and who, in

commencing the execution of the duties thereof, has certified his or her liability with a signature, shall not need to be informed regarding rights and duties.

Section 115. Conditions that Restrict the Participation of a Person in Criminal Proceedings

(1)

A specialist, the secretary of a court session, and an interpreter shall inform a person directing the proceedings regarding conditions that may provide a basis for the doubting of the objectivity of a procedural action performed by such persons. A person directing the proceedings shall decide regarding the invitation of such persons to participate in criminal proceedings, or the dismissal thereof from criminal proceedings.

(2)

A basis for the dismissal of an interpreter or a specialist may also be insufficient professional preparedness for the performance of the duties thereof.

Chapter 8 Immunity from Criminal Proceedings

Section 116. Grounds for Immunity from Criminal Proceedings

(1) The grounds for immunity from criminal proceedings are the Constitution and the special legal status of a person, information, or a place specified in this Law, other Laws, and international treaties that guarantees the rights for a person to completely or partially not fulfil a criminal procedural duty, or that restricts the rights to perform specific investigative actions.

(2) The immunity from criminal proceedings of a person arises from the following: 1) the criminal legal immunity of such person that is specified in the Constitution or

in international treaties; 2) the office or profession of such person; 3) the status of such person in the particular criminal proceedings; 4) the kinship of such person.

(3)

A person has the right to immunity from criminal proceedings, if the information requested from such person is: 1) a State secret protected by Law; 2) a professional secret protected by Law;

3) a commercial secret protected by Law; 4) a private secret protected by Law.

(4)

The special legal status of a place specified in international treaties shall restrict the rights of an official to enter such place and to perform investigative actions therein.

Section 117. Types of Immunity from Criminal Proceedings

(1) Immunity from criminal proceedings shall provide a person with advantages of various levels in the execution of a criminal procedural duty, in particular:

1) completely discharges a person from the duty to participate in criminal proceedings;

2) determines special procedures for holding a person criminally liable;

3) prohibits or restrict the application of compulsory measures to a person, or determines special procedures in relation to such person;

4) prohibits or restricts the control of the means of communication and correspondence of such person;

5) discharges a person from the provision of testimony completely or in a part thereof;

6) determines special procedures for the withdrawal of documents.

(2) The special legal status of premises shall: 1) completely exclude the entry into, and the performance of investigative actions in, such premises; 2) determine the special procedures in accordance with which a permit is be received

for entry into, and the performance of investigative actions in, such premises; 3) restrict the objects to be viewed and withdrawn in such premises.

Section 118. Diplomatic Immunity

(1)

Diplomatic immunity shall discharge foreign diplomats, persons equivalent thereto, and the family members thereof from criminal liability in accordance with the Criminal Law, and from all criminal procedural duties.

(2) A diplomatic courier shall not be detained or arrested.

(3)

The rights of a person to diplomatic immunity shall be certified by a certificate submitted by the Ministry of Foreign Affairs wherein, in accordance with international treaties entered into by the Republic of Latvia, the privileges and immunity of the relevant person are indicated.

(4)

The status of a person whose diplomatic immunity is certified with a diplomatic passport submitted by a foreign state, or another personal identification document, shall be ascertained with the intermediation of the Ministry of Foreign Affairs.

(5)

The premises of a diplomatic representation office, the residence of the head of a representation office, and the archives, documents, and official correspondence of a diplomatic representation office shall be inviolable regardless of the location thereof.

(6)

A person who enjoys diplomatic immunity may be held criminally liable, and criminal procedural duties shall be imposed upon such person, only with the written consent of the state of dispatch.

(7)

The Prosecutor General shall submit a request to permit the holding of a foreign diplomat criminally liable to the Ministry of Foreign Affairs for further deciding by means of diplomacy.

Section 119. Consular Immunity

(1)

Foreign consular official provided for in international treaties shall have consular immunity.

(2) A consular courier shall not be detained or arrested.

(3)

The rights of a person to consular immunity shall be certified by a certificate submitted by the Ministry of Foreign Affairs wherein, in accordance with international treaties entered into by the Republic of Latvia, the privileges and immunity of the relevant person are indicated.

(4)

It shall be forbidden to enter the part of consular premises that is used only for the work needs of the consular institution without the consent of the head of the consular institution or the diplomatic representation office of the state of dispatch.

(5)

The archives, documents, and official correspondence of a consular representation office shall be inviolable regardless of the location thereof.

(6)

A state of dispatch may refuse any immunity from criminal proceedings. Such refusal shall be expressed in writing.

Section 120. Immunity from Criminal Proceedings of State Officials Guaranteed by Law

(1)

The State President and a member of the Saeima shall have the immunity from criminal proceedings specified in the Constitution, that is, the referred to officials may be held criminally liable only with the consent of the Saeima.

(2)

Only the Prosecutor General shall initiate criminal proceedings against a judge. A judge may be held criminally liable or arrested only with the consent of the Saeima. A decision regarding the arrest of a judge, conveyance by force, detention, or subjection to a search shall be taken by a specially authorised Supreme Court judge. If a judge has been apprehended in the committing of a serious or especially serious crime, a decision regarding conveyance by force, detention, or subjection to a search shall not be necessary, but the specially authorised Supreme Court judge and the Prosecutor General shall be informed within a term of 24 hours.

(3)

A lay judge may be arrested or held criminally liable, during the execution of his or her duties related to court adjudication, only with the consent of the local government that elected him or her. A decision regarding the arrest of a lay judge, or the conveyance by force, detention, or subjection to a search thereof shall be taken by a specially authorised Supreme Court judge. If a lay judge has been apprehended in the committing of a serious or especially serious crime, a decision regarding conveyance by force, detention, or subjection to a search shall not be necessary, but the specially authorised Supreme Court judge and the relevant local government shall be informed within a term of 24 hours.

(4)

A public prosecutor may be detained, conveyed by force, subject to a search, arrested, or held criminally liable in accordance with the procedures specified by Law, notifying the Prosecutor General regarding such actions without delay.

(5)

An official of a State security institution or the Corruption Prevention and Combating Bureau may be detained, conveyed by force, or subjected to a search, or a search or inspection may be conducted of the residential or service premises thereof, or of

the personal or service vehicle thereof, and he or she may be held criminally liable, only with the consent of the Prosecutor General. If an official has been apprehended in the committing of a criminal offence, such consent shall not be necessary, but the Prosecutor General and the head of the relevant state security institution or office shall be informed within a term of 24 hours.

(6)

In order to hold a person who has immunity from criminal proceedings criminally liable, a public prosecutor shall submit a proposal to a competent authority for the receipt of consent.

(7)

A proposal shall indicate the circumstances of the committing of a criminal offence, insofar as such circumstances have been ascertained in criminal proceedings.

[19 January 2006]

Section 121. Professional Secrets Protected by Criminal Procedure

(1) The rights to not testify shall not be restricted, and personal notes shall not be withdrawn, for the following persons: 1) a clergyman, regarding information that has been discovered in a confession;

2) a defence counsel and an advocate who has provided legal assistance in any form, regarding information the confidentiality of which has been entrusted to him or her by a defendant;

3) an interpreter who has been retained by an advocate for ensuring defence rights, and regarding whom such advocate has informed a person directing the proceedings, indicating the following necessary information regarding the interpreter: given name, surname, personal identity number, and place of practice or declared place of residence.

(2)

The following shall be permitted only with the permission of three judges of the Senate of the Supreme Court: 1) the examination of a judge and the withdrawal of his or her personal notes regarding a secret of the deliberations room; and

2) to examine, withdraw documents, and request information regarding employees who perform direct detective operations in a criminal environment, intelligence or counterintelligence in foreign states.

(3)

The permission of an investigating judge shall be necessary: 1) for the inspection and withdrawal of secret or top secret documents containing State secrets; 2) the inspection and withdrawal of an unopened will, and the examination of persons who have approved such will regarding the will; and 3) in order to interrogate an employee and a person who performs investigatory

activities on behalf of a person directing the proceedings or an investigatory institution if such persons do not wish to provide testimony.

(4)

A medical institution shall provide information regarding a patient only on the basis of a written request of a person directing the proceedings.

(5)

Undisclosable information or documents, which contain such information at the disposal of credit institutions may be requested in a pre-trial proceeding only with the permission of an investigating judge.

[19 January 2006]

Section 122. Immunity of an Advocate

(1)

The following shall not be permitted: 1) to examine an advocate as a witness regarding facts that have become known to him or her in providing legal assistance in any form; 2) to control, perform an inspection, or withdraw documents that an advocate has drawn up, or a correspondence that he or she has received or sent in providing legal assistance, as well to conduct a search in order to find and withdraw such correspondence and documents; 3) to control the information systems and means of communication to be used by an

advocate for the provision of legal assistance, to take information from such systems or means, and to interfere in the operation thereof.

(2)

Unlawful activity by a representative or advocate performed in the interests of a client in providing legal assistance of any form, as well as an activity for the promotion of an unlawful offence of a client, shall not be recognised as a provision of legal assistance.

Division Two Evidence and Investigative actions

Chapter 9 Proving and Evidence

Section 123. Proving

Proving is an operation of a person involved in criminal proceedings that is expressed as the justification, using evidence, of the existence or non-existence of facts included in an object of proof.

Section 124. Objects of Proof

(1)

Objects of proof are the totality of circumstances to be proven, and the facts and auxiliary facts connected thereto, in the course of criminal proceedings.

(2)

The existence or non-existence of the content of a criminal offence shall be proved in criminal proceedings, as well as other conditions provided for in the Criminal Law and this Law that have significance in the fair regulation of concrete criminal-legal relations.

(3)

Related facts are not conditions to be proven in criminal proceedings, but are connected thereto, and provide a basis for drawing a conclusion regarding the conditions to be proven.

(4)

The certainty or non-certainty of other evidence, as well as the possibility or impossibility to utilise such evidence in proving, shall be justified with auxiliary facts.

(5)

The conditions included in an object of proof shall be considered proven, if any reasonable doubts regarding the existence or non-existence thereof have been excluded during the course of proving.

Section 125. Legal Presumption of a Fact

(1)

Without the additional performance of procedural actions, the following conditions shall be considered proven, if the opposite is not proven during the course of criminal proceedings:

1) notorious facts; 2) facts determined in another criminal proceedings with a court adjudication that has entered into effect; 3) the fact of an administrative violation recorded in accordance with the procedure specified by Law, if a person has known such fact; 4) the fact that a person knows or should have known his or her duties provided for in regulatory enactments; 5) the fact that a person knows or should have known his or her professional duties and duties of office; 6) the correctness of research methods generally accepted in contemporary science, technology, art, or skilled trades.

(2)

It shall be considered proven that a person has violated the copyrights, related rights, or rights to a trademark of a legal owner, if such person is not able to believably explain or justify the acquisition or origin of such rights.

Section 126. Subjects of Proof and the Duty of Proving

(1)

All persons involved in criminal proceedings upon whom the duty has been imposed, or the rights have been conferred, with this Law to perform proving shall be considered subjects of proof.

(2)

A person directing the proceedings has the duty of proving in pre-trial criminal proceedings, and a maintainer of prosecution has such duty in court.

(3)

If a person involved in criminal proceedings considers that one of the facts presumed in Section 125 of this Law is not true, the person involved in proceedings who contends such fact has the duty to indicate evidence regarding the non-compliance with reality of such fact.

(4)

A person who has the right to assistance of a defence counsel in connection with the investigation of an offence shall indicate circumstances that exclude criminal liability, as well as indicate an alibi, if such information has not already been acquired in the investigation. If the person does not indicate such circumstances or alibi, the prosecution

does not have a duty to prove the non-existence thereof, and the court shall not provide the assessment thereof in a judgment, but the person shall be prohibited from the possibility to receive compensation for losses that have occurred in unjustifiably regarding him or her as a suspect, if the termination of criminal proceedings or the acquittal of the person is related to the ascertaining of the referred to circumstances.

Section 127. Evidence

(1)

Evidence in criminal proceedings is any information acquired in accordance with the procedure provided for in the Law, and fixed in a specific procedural form, regarding facts that persons involved in the criminal proceedings utilise, in the framework of the competence thereof, in order to justify the existence or non-existence of conditions included in an object of proof.

(2)

Persons involved in criminal proceedings may utilise as evidence only reliable, attributable, and admissible information regarding facts.

(3)

Information regarding facts acquired in investigative action measures, and information that has been recorded with the assistance of technical means, shall be used as evidence only if it is possible to examine such information in accordance with the procedures specified in this Law.

Section 128. Reliability of Evidence

(1)

The reliability of evidence is the degree of the determination of the veracity of a piece of information.

(2)

The reliability of the information regarding facts that is to be used in proving shall be assessed by considering all the facts, or information regarding facts, acquired during criminal proceedings as a whole and in the mutual relation thereof.

(3)

No piece of the evidence has a previously specified degree of reliability higher than other pieces of evidence.

Section 129. Relevance of Evidence

Evidence shall be attributable to a concrete criminal proceedings if information regarding facts directly or indirectly approves the existence or non-existence of the circumstances to be proven in the criminal proceedings, as well as the existence or nonexistence of other evidence, or the possibility or impossibility to use other evidence.

Section 130. Admissibility of Evidence

(1) It shall be admissible to use information regarding facts acquired during criminal proceedings, if such information was obtained and procedurally fixed in accordance with the procedures specified in this Law.

(2) Information regarding facts that has been acquired in the following manner shall

be recognised as inadmissible and unusable in proving: 1) using violence, threats, blackmail, fraud, or duress;

2) in a procedural action that was performed by a person who, in accordance with this Law, did not have the right to perform such operation;

3) allowing the violations specially indicated in this Law that prohibit the use of a concrete piece of evidence;

4) violating the fundamental principles of criminal proceedings.

(3)

Information regarding facts that has been obtained by allowing other procedural violations shall be considered restrictedly admissible, and may be used in proving only in the case where the allowed procedural violations are not essential or may be prevented, or such violations have not influenced the veracity of the acquired information, or if the reliability of such information is approved by the other information acquired in the proceedings.

(4)

Evidence acquired in a conflict of interest situation shall be allowed only if a maintainer of prosecution is able to prove that the conflict of interests has not influenced the objective progress of the criminal proceedings.

Section 131. Testimony

(1)

Evidence in criminal proceedings may be information regarding facts provided in a testimony during a questioning or examination by a person who has been invited, in accordance with the procedures specified by Law, to provide information (testify) regarding the circumstances to be proven in the criminal proceedings, and the facts and auxiliary facts connected thereto.

(2)

Testimony is also an explanation regarding concrete facts and circumstances written and signed by a person him or herself and addressed to a court or a pre-trial investigating institution.

(3)

If a person had the right, in the cases specified in this Law, to refuse to provide testimony, and the person was informed regarding such right, but nevertheless did not provide such testimony, then such testimony shall be assessed as evidence.

Section 132. Conclusion of an Expert or Auditor

(1)

Evidence in criminal proceedings may be the conclusion of an expert or an auditor regarding facts and circumstances that has been provided by an expert or auditor involved in concrete criminal proceedings.

(2)

Explanations provided by an expert or an auditor regarding a conclusion, or provided information regarding or circumstances, shall be the testimony of the expert or auditor.

Section 133. Conclusion of a Competent Authority

(1)

A piece of evidence in criminal proceedings may be the written conclusion of an authority performing the function of control or supervision regarding the facts and circumstances of an event the control of the observance or supervision of which is performed by such institution in accordance with the competence (authorisation) specified in regulatory enactments.

(2)

An inventory or audit statement drawn up by a commission of competent persons authorised for the drawing up of such statement shall also be considered the conclusion of a competent authority in criminal proceedings.

(3)

A statement issued by a competent institution regarding facts and circumstances that are at the disposal of such institution in connection with the competence and directions of operations thereof shall also be considered the conclusion of a competent institution.

Section 134. Material Evidence

(1)

Material evidence in criminal proceedings may be any thing that was used as a tool for committing a criminal offence, or that has preserved traces of a criminal offence, or contains information in any other way regarding facts and is usable in proving.

(2)

If a thing is to be used in proving in connection with the thematic information included therein, such thing shall be considered not as material evidence, but rather as a document.

Section 135. Documents

(1)

A document may be evidence in criminal proceedings, if such document is to be used in proving only in connection with the thematic information contained therein.

(2)

A document may contain information regarding facts in writing or in another form. Computerised information media, and recordings made with sound- and image-recording technical means, the thematically recorded information in which may be used as evidence shall also be considered documents, within the meaning of evidence, in criminal proceedings.

Section 136. Electronic Evidence

Evidence in criminal proceedings may be information regarding facts in the form of electronic information that has been processed, stored, or broadcast with automated data processing devices or systems.

Section 137. Information Acquired by Investigative Actions

Evidence in criminal proceedings may be information regarding facts that has been fixed in the minutes of investigative actions, or recorded in other forms specified in this Law.

Chapter 10 Investigative Actions

Section 138. Investigative Actions

(1)

Investigative actions are procedural actions that are directed toward the acquisition of information or the examination of already acquired information in concrete criminal proceedings.

(2)

A person authorised to perform criminal proceedings is entitled to perform, within the framework of his or her authorisation, only the investigative actions provided for in this Law.

Section 139. General Provisions for the Performance of Investigative Actions

(1)

Investigative actions to be previously planned shall usually be performed in the hours from 8:00 to 20:00. An investigative action shall be performed without delay in cases where such investigative action is not deferrable because such operation may lead to a loss of essential evidence, and jeopardises the reaching of the purpose of the criminal proceedings.

(2)

At the beginning of an investigative action, the performer thereof shall inform a person involved in the concrete proceedings regarding the rights and duties thereof, and shall notify regarding liability for the non-execution of the duties thereof. A person whose procedural duties are also simultaneously the professional work duties thereof shall not be informed and notified.

(3)

It is prohibited to use violence, threats, or lies against a person who participates in an investigative action, as well as other illegal actions, actions that do not comply with moral norms, or actions that endanger the life or health of the person or that injure the dignity of the person. A person of the opposite sex, with the exception of medical practitioners, is prohibited from participating in or performing investigative actions that are related to the denuding of the body of a person.

(4)

The disclosure of information regarding the private life of a person who participates in an investigative action is prohibited, as is the disclosure of information that contains a professional secret or commercial secret, except for cases where such information is necessary for proving.

(5)

An investigative action may be performed by utilising technical means in accordance with the procedure specified in Section 140 of this Law.

(6)

The stage of the trial at which the special features of investigative actions are performed shall be determined by Divisions Eight through Eleven of this Law.

Section 140. Performance of an Investigative Action by Utilising Technical Means

(1)

A person directing the proceedings may perform an investigative action by utilising technical means (teleconference, videoconference) if the interests of criminal proceedings require such utilisation.

(2)

During the course of a procedural action utilising technical means, it shall be ensured that the person directing the proceedings and persons who participate in the procedural action and are located in various premises and buildings can hear each other during a teleconference, and see and hear each other during a videoconference.

(3)

In commencing a procedural action, a person directing the proceedings shall notify:

1) regarding the places, date, and time of the occurrence of the procedural action; 2) the position, given name, and surname of the person directing the proceedings;

3) the positions, given name, and surname of the persons authorised by the person directing the proceedings who are located in the second place of the occurrence of the procedural action;

4) regarding the content of the procedural action and the performance thereof utilising technical means.

(4)

On the basis of an invitation, persons who participate in a procedural action shall announce the given name, surname, and procedural status thereof.

(5)

A person authorised by a person directing the proceedings shall examine and certify the identity of a person who participates in a procedural action, but is not located in one room with the person directing the proceedings. Such person has a duty to ensure the progress of a procedural action in the location of such person.

(6)

A person directing the proceedings shall inform persons who participate in procedural actions regarding the rights and duties thereof, and in the cases provided for by Law shall notify regarding liability for the non-execution of the duties thereof and initiate an investigative action.

(7)

A person authorised by a person directing the proceedings shall draw up a certification, indicating the place, date, and time of the occurrence of a procedural action, the position, given name, and surname thereof, and the given name, surname, personal identity number, and address of each person present at the place of the occurrence of such procedural action, as well as the announced report, if the Law provides for liability for the non-execution of the duty thereof. Notified persons shall sign regarding such report. The certification shall also indicate interruptions in the course of the procedural action, and the end time of the procedural action. The certification shall be signed by all the persons present at the place of the occurrence of the procedural action, and such certification shall be sent to a person directing the proceedings for attachment to the minutes of the procedural action.

(8)

The investigative actions performed using technical means shall be recorded in pre-trial proceedings in accordance with the procedures specified in Section 143 of this Law, and other procedural actions shall be recorded in accordance with the procedures specified in Section 142 of this Law. During the adjudication of a case, the procedural actions performed using technical means shall be recorded in the minutes of a court session.

Section 141. Recording of an Investigative Action

(1) An investigative action shall usually be recorded in minutes.

(2)

The progress and results of an investigative action may be recorded in a sound and image recording.

(3)

In the cases specified in this Law, the progress and results of an investigative action may be recorded only in a conclusion, report, or account.

Section 142. Minutes of an Investigative Action

(1)

The minutes of an investigative action shall be written during the course of the investigative actions or immediately after the completion thereof by the performer of the investigative action or, under the assignment thereof, by another person present.

(2)

The minutes of an investigative action shall be written in accordance with the requirements of Section 326 of this Law.

(3)

If the disclosure of the address of a person involved in an investigative action is not usable due to security reasons, such address shall be substituted in the minutes by the address and telephone number of the institution through the intermediation of which it is possible to contact the relevant person.

(4)

The performer of an investigative action shall familiarise the persons who participate in the investigative action with the minutes, and all shall sign such minutes. If a person refuses to sign, an entry shall be made in the minutes regarding such refusal.

(5)

Before signing, each person is entitled to request that corrections and additions be made in the minutes, or that such person make additions him or herself.

Section 143. Utilisation of a Sound and Image Recording

(1)

During the course of the occurrence of an investigative action, the performer of the investigative action may record sound and image in a recording, notifying persons who participate in the investigative action regarding such recording before the commencement of the investigative action.

(2)

A recording shall record the entire course of an investigative action. A partial recording shall not be allowed. If an interruption is necessary during an investigative action, the starting time of such interruption shall be indicated in the recording before the interruption, and the time of the resuming of the investigative action shall be recorded after the interruption.

(3)

Information recorded in a sound and image recording shall be recognised as more precise and more complete in comparison with information recorded in writing.

(4)

In writing the minutes of an investigative action, the requirement of Section 142 of this Law shall be observed, yet only the most essential facts from the course of the investigative action and from the disclosed facts shall be referred to in the minutes.

(5)

The sound and image recording of an investigative action shall be stored together with a criminal case.

Section 144. Utilisation of Scientific-technical Means in Investigative Actions

(1) Scientific-technical means may be utilised in investigative actions.

(2) The utilisation of scientific-technical means in investigative actions is prohibited, if such utilisation engenders the life and health of persons who participate in the investigative action.

Section 145. Interrogation

Interrogation is an investigative action the content of which is the acquisition of information from a person to be interrogated.

Section 146. Summons to an Interrogation

(1)

A person shall be summoned to an interrogation with a summons or in some other way, informing the person regarding who is summoning such person, the case in which such person is being summoned to provide testimony, the procedural status of the person, and the consequences of not attending.

(2)

An arrested person shall be summoned to an interrogation through the intermediation of the institution in which such person is held. An arrested person may also be interrogated in such institution.

(3)

A minor shall usually be summoned to an interrogation through the intermediation of his or her lawful representative, educational institution, or Orphan’s Court (parish court). If conditions exist that justifiably prohibit or hinder the utilisation of such summoning procedure, the minor shall be summoned without utilising the referred to intermediation.

(4)

A person for whom special protection has been specified shall be summoned to an interrogation through the intermediation of the institution that ensures the special protection of such person.

Section 147. Interrogation Procedure

(1)

Interrogation shall begin with the ascertaining of the identity of the person to be interrogated and the languages to be used in the interrogation. It shall be ascertained whether the person being interrogated understands the language in which the proceedings are taking place, and the language in which he or she can testify.

(2)

A performer of an investigative action shall explain to a person being interrogated the rights and duties provided for him or her in this Law.

(3)

The data of a person to be interrogated – his or her given name, surname, and personal identity number –are a component of a testimony.

(4)

If a testimony is related to numbers, dates, and other information that is difficult to remember, a person being interrogated has the right to use his or her documents and notes, as well as to read such documents and notes. The notes of the person being interrogated may be appended to the case.

(5)

During the course of an interrogation, a person being interrogated may be presented with the objects, documents, and sound and image recordings appended to a case, and documents may be read to him or her or recordings played for him or her, regarding which a note shall be made in the minutes. Materials shall be presented only after the testimonies in the relevant matter of a person being interrogated have been recorded in the minutes.

(6) The reading of prior testimony of a person being examined shall be allowed if: 1) there are substantial contradictions between prior testimony and current testimony; 2) the person being examined refuses to testify; or 3) the case is being adjudicated in court in the absence of the person being examined.

(7)

If special procedural protection has been specified for a person, the provisions of Section 308 of this Law shall be complied with in an examination thereof.

Section 148. Length of an Examination

(1)

The length of an examination of a person of legal age shall not exceed eight hours, including an interruption, during a twenty-four-hour term without the consent of such person.

(2)

An examination of a minor shall be conducted in accordance with the provisions of Sections 152 and 153 of this Law.

Section 149. Recording of an Examination

A provided testimony shall be recorded in the minutes of an examination, and written in the first person. On the basis of a request of a person to be examined, such person may write the testimony thereof by hand him or herself in the minutes of the examination.

Section 150. Examination of a Detained Person, a Suspect, and an Accused

At the beginning of the first examination of a detained person, a suspect, or an accused:

1) biographical information of the person shall be ascertained: his or her place and time of birth, citizenship, education, marital status, place of work or educational institution, type of occupation or occupational position, place of residence, criminal record;

2) the procedural situation of the person shall be explained to such person, and a copy of the document that determines such procedural situation shall be issued;

3) an extract from the Law shall be issued to the person wherein the procedural rights and duties thereof are specified, if such extract has not yet been issued to such person in the concrete criminal proceedings;

4) the rights of the person to not testify shall be explained to such person, and such person shall be notified that everything that he or she says may be used against such person.

Section 151. Examination of Witnesses and Victims

(1)

Before an examination, the rights and duties of a witness and victim shall be explained to such witness or victim, and such witness or victim shall be notified regarding the liability for refusing to testify or for the conscious provision of false testimony.

(2)

Witnesses and victims may be examined regarding all the circumstances that are or may be significant in a case, also regarding a suspect, an accused, or another person involved in criminal proceedings.

Section 152. Special Features of an Examination of a Minor

(1)

The length of an examination of a minor shall not exceed six hours, including an interruption, during a twenty-four-hour term without the consent of such minor.

(2)

A minor who has not reached 14 years of age, or, on the basis of the discretion of the performer of an investigative action, any minor, shall be examined in the presence of a pedagogue or a specialist who has been trained to perform the tasks of a psychologist for children in criminal proceedings (hereinafter – psychologist). One of the lawful representatives of the minor, a relative close to the minor, or a trustee has the right to participate in an examination, if he or she is not the person against whom the criminal proceedings have been initiated, a detained person, a suspect, or an accused, and if the minor does not object to such participation. The referred to person may ask the person being interrogated questions, with the permission of the performer of the investigative action.

(3)

A minor who has not reached 14 years of age shall not be notified regarding liability for refusal to testify and for the conscious provision of false testimony.

(4)

If a psychologist indicates to a person directing the proceedings that the psyche of a person who has not reached 14 years of age, the psyche of a minor who has been recognised as a victim of violence committed by a person upon whom the victim is materially dependent or otherwise dependent, or the psyche of a minor who has been recognised as a victim of sexual abuse, may be harmed by repeated direct examination, such direct examination shall be performed only with the permission of the investigating judge, but in a court – with a court decision.

Section 153. Examination of a Minor Person with the Intermediation of a Psychologist

(1)

If a psychologist considers that the psyche of a person who has not reached 14 years of age, the psyche of a minor who has been recognised as a victim of violence committed by a person upon whom the victim is materially dependent or otherwise dependent, or the psyche of a minor who has been recognised as a victim of sexual abuse, may be harmed by a direct examination, such direct examination shall be performed with the intermediation of technical means and a psychologist. If an investigator or public prosecutor does not agree, the direct examination shall be performed only with the permission of the investigating judge, and in a court – with a court decision.

(2)

A person directing the proceedings and another person invited by him or her shall be located in another room where technical means shall ensure that the person to be interrogated and the psychologist may be seen and heard. The person being interrogated shall be located together with the psychologist in a room that is suitable for a conversation with a minor, and in which it has been technically ensured that the questions asked by the person directing the proceedings are heard only by the psychologist.

(3)

If a person to be interrogated has not reached 14 years of age, a psychologist, complying with the concrete conditions, shall explain to the minor the necessity of the operations taking place and the meaning of the information provided by such minor, ascertain personal data, ask the questions of the person directing the proceedings in a form that corresponds with the psyche of the minor, and, if necessary, inform regarding a break in the investigative action and the resuming thereof.

(4)

If a person to be interrogated has reached 14 years of age, a person directing the proceedings shall inform a minor, with the intermediation of a psychologist, regarding the

essence of the investigative action to be performed, ascertain the personal data of such minor, explain his or her rights and duties, and notify regarding liability for the non-execution of the duties thereof, ask the questions of the person directing the proceedings in a form that corresponds with the psyche of the minor, and, if necessary, inform regarding a break in the investigative action and the resuming thereof.

(5)

The course of an examination shall be recorded in accordance with the requirements of Sections 141 – 143 of this Law. A minor person to be interrogated shall not sign minutes.

Section 154. Duty to Indicate the Source of Information

(1)

A court may assign a mass-media journalist or editor to indicate the source of published information.

(2)

An investigating judge shall decide regarding the proposal of an investigator or public prosecutor, having listened to the submitter of the proposal, or a mass-media journalist or editor, and having familiarised him or herself with the materials.

(3)

An investigating judge shall take a decision regarding the indication of the source of information, complying with the proportionality of the rights of the person and the public interest.

(4)

A decision of a judge may be appealed by the submitter of a proposal, or a mass-media journalist or editor, and such appeal shall be examined in accordance with the procedures specified in Chapter 24 of this Law.

Section 155. Questioning

(1)

If the fact that a testimony has not been recorded in detail does not threaten the reaching of the purpose of criminal proceedings, information regarding the facts included in the object of proof may also be acquired in accordance with the procedures of a questioning.

(2)

In conducting a questioning, a performer of an investigative action shall personally meet with a witness, explain his or her rights and duties, and ascertain the information significant to the investigation known to such witness, or the non-existence of such information.

(3)

During a questioning, testimonies may be recorded in minutes, notes may be made, and technical means that record sounds and images may be utilised.

(4)

If a testimony has not been recorded in the minutes during a questioning, the performer of the investigative action shall write a report regarding the progress and results of the questioning in which the following shall be indicated:

1) the place and date of the questioning, and the start and end time thereof; 2) the position, given name, and surname of the person who performed the

questioning;

3) the given name, surname, and address of the questioned persons;

4) the testimony provided by each person; if the testimonies of several persons are the

same, such information shall be referred to only one time; 5) the utilised scientific-technical means;

(5) Several testimonies may be reflected in one report.

Section 156. Examination of an Expert and an Auditor

(1) A person directing the proceedings may summon an expert or auditor to provide testimony in order to: 1) ascertain the matters significant to the case that are related to the conclusion of the expert or auditor and that do not require additional research; 2) clarify information regarding the research method utilised in an expert-examination or audit, or the terms used in a conclusion;

3) acquire information regarding other facts and conditions that are not a component of a conclusion, but are related to the participation of the expert or auditor in pre-trial proceedings;

4) ascertain the qualification of the expert or auditor.

(2) An examination of an expert or an auditor shall be performed in compliance with the provisions of an examination of a witness.

Section 157. Confrontation

(1)

Confrontation is the simultaneous examination of two or more persons who have been previously examined and which is performed if there are substantial contradictions in the previous testimonies of such persons.

(2)

Any persons previously examined may be confronted, regardless of the procedural status of such persons.

Section 158. Confrontation Procedure

(1)

Confrontation shall take place in compliance with the provisions of an examination, except for the provision indicated in this Section.

(2)

Confrontation shall be commenced with a question regarding whether the confronted persons know each other, and regarding the nature of the mutual relations of such persons.

(3)

During the course of a confrontation, the confronted persons shall be asked questions in succession regarding the circumstances wherein there exist contradictions in the previous testimonies thereof, and regarding the reasons for such contradictions.

(4)

Confronted persons may ask one another questions with the permission of the performer of the investigative action. The performer of the investigative action is entitled to reject questions that are not essential or do not apply to the case. All asked questions and answers shall be recorded in the minutes.

(5)

The previous testimonies of a confronted person may be read only after the testimony that he or she has provided during the confrontation has been recorded.

(6) Each confronted person shall sign his or her testimony.

(7)

If a person for whom special procedural protection has been specified participates in a confrontation, the confrontation shall be conducted in compliance with the provisions provided for in Division Four of this Law.

Section 159. Inspection

(1)

An inspection is an investigative action during the course of which the performer of the investigative action directly detects, determines, and records the features of an object, if the possibility exists that such object is related to the criminal offence being investigated.

(2)

In order to find traces of a criminal offence, and to ascertain other significant conditions, a visual inspection may be performed of the site of the event, the terrain, the premises, vehicle, item, document, corpse, animal, or another object.

Section 160. General Provisions of an Inspection

(1)

The performer of an investigative action may invite any person involved in concrete criminal proceedings to participate in an inspection.

(2)

In order to ensure the preservation of the object of an inspection, the guarding thereof may be organised.

(3)

If, during the course of an inspection, it becomes necessary to conduct a search, perform presentation for recognition, or perform other investigative actions, such operations shall be performed in compliance with the provisions for the performance of the relevant investigative action.

(4)

If an object is found during the course of another investigative action, the inspection thereof may be performed in the same investigative action, recording the results of the inspection in the minutes of the investigative action.

(5)

An inspection of various premises or surrounding territories may be performed simultaneously by several officials who are authorised to perform criminal proceedings. Each official shall record the course of inspection separately, indicating the borders and inspection results of each concretely inspected object.

Section 161. Participation of an Expert or Auditor in an Inspection

(1)

If traces of a criminal offence, or objects for which the performance of an expert-examination is subsequently necessary, are found and removed during an inspection wherein an expert participates, the location and features of such traces or objects, the fact of the removal thereof, and the persons under the liability of whom such objects or traces have been transferred shall be indicated in the minutes of the inspection. In such cases, the inspection of the removed traces and things shall take place during the course of an expert-examination.

(2)

A person directing the proceedings may assign an expert to perform an entire inspection completely, if the object to be inspected is subjected as a whole to further expert-examination.

(3)

If an auditor participates in an inspection, a person directing the proceedings may assign him to perform an inspection and removal of the documents necessary for an audit

or inventory. The minutes of an inspection shall only indicate such documents, the location thereof, the fact of removal, and the auditor under the liability of whom the documents removed for the performance of the audit or inventory were transferred. The inspection of documents shall take place in the course of the audit or inventory.

Section 162. Inspection of the Location of an Event

(1)

An inspection of the location of an event is an inspection of a concrete place and the objects located therein, if such inspection is performed after the receipt of information regarding a committed criminal offence, and if there are sufficient grounds for thinking that a criminal offence has taken place or is continuing to take place in such location.

(2)

If an inspection of the location of an event has been performed incompletely, and doubts or additional questions have arisen, an additional inspection of the location of the event may be performed. If essential violations of procedural order have been allowed for in an inspection of the location of an event, a repeated inspection of the location of the event may be performed. An additional or repeated inspection of the location of an event shall be performed in compliance with the provisions of Section 163 of this Law.

(3)

During the course of an inspection of the location of an event, the performer of the operation may remove documents and objects with traces of a criminal offence. Objects and documents the circulation of which is prohibited by Law shall be removed regardless of the connection of such objects or documents with the concrete criminal proceedings. The removal of objects and documents shall be a component of an inspection of the location of an event.

Section 163. Inspection of terrain, Premises, Vehicle, or Object

(1)

If terrain, premises, vehicle, or object is related to a committed criminal offence, an inspection of such terrain, premises, vehicle, or object may be performed.

(2)

An inspection of a publicly inaccessible terrain or premises, the objects located in such terrain or premises, as well as a vehicle or computer, may be performed only with the consent of the user of such terrain, premises, vehicle, or computer, or a decision of an investigating judge.

(3)

Terrain, premises, or vehicles located in the ownership, possession, or usage of physical and legal persons shall be inspected, as far as possible, in the presence of such persons or of the representative thereof.

(4)

In complying with the emergency nature of an inspection of the location of an event, the consent of a person is not necessary in order to enter the location of the event.

Section 164. Inspection of Corpses

(1)

If a forensic-medicine expert has not been assigned to perform an external inspection of a corpse, such inspection shall be performed with the participation of a medical specialist.

(2)

The cremation of a corpse shall be permitted only after the performance of a forensic-medicine expert-examination, if, during pre-trial proceedings, the consent of a

public prosecutor has been received, or if, during the trial, a court decision has been received.

Section 165. Exhumation of a Corpse

The exhumation of a corpse from the place of burial in order to perform an inspection thereof, present such corpse for recognition, remove samples for comparison, or to perform an expert-examination (exhumation of a corpse), shall be permitted with the consent of a close relative of the deceased person, or, during pre-trial proceedings, with a decision of the investigating judge, or, during trial, with a court decision.

Section 166. Exhumation Procedures

(1)

An exhumation of a corpse shall be co-ordinated beforehand with the competent health-protection institution, and a forensic-medicine expert shall perform such coordination under the assignment of a person directing the proceedings and in the presence of a representative of the administration of the place of burial.

(2)

An exhumation shall be recorded in minutes and photographed, or a video recording shall be made of such exhumation.

(3)

The reburial of a corpse after an exhumation shall be conducted with the permission of the official whose decision was the basis for the conducting of the exhumation.

Section 167. Inspection of Animals

In performing an inspection of an animal, the reaction of such animal to commands or to the calling of the name of such animal shall be recorded, if necessary.

Section 168. Examination

(1)

An examination of a person may be performed if there are sufficient grounds for thinking that there are traces of a criminal offence, or special features that have significance in a case, on the body of the person, or that the person him or herself is in some kind of particular physiological state, as well as in order to ascertain the physical development of such person.

(2)

If a person directing the proceedings assigns another person to perform an examination, he or she shall take a decision regarding such examination that indicates the person who is to be examined, the purpose for such examination, and the person who has been assigned to perform such operation.

Section 169. Examination Procedures

(1)

Examination shall take place in compliance with the provisions of an inspection, except for that which is indicated in this Section.

(2)

If an examination is related to the denuding of the body of the person to be examined, but the executor of the investigative action is a person of the opposite sex, the performer of the investigative action shall assign a medical specialist to perform such

operation. Minutes shall be written by the performer of the investigative action with the participation of the medical specialist who performed the examination.

Section 170. Examination By Force

(1)

If a person does not agree to an examination, such examination shall be conducted by force.

(2)

The examination by force of a person who is not a detained person, suspect, or accused in a concrete criminal proceedings may be performed only on the basis of a decision of an investigating judge.

(3)

If the performance of an examination is an emergency, and if delay may lead to the loss of evidence or jeopardise the reaching of the purpose of criminal proceedings, such examination may be performed with the consent of a public prosecutor, notifying the investigating judge regarding such examination, and presenting the minutes and materials of the investigative action that justified the necessity and emergency of the investigative action, not later than the next working day after the examination. The judge shall examine the legality and validity of the examination. If the investigative action was not justified, or if such operation was performed illegally, the judge shall decide regarding the admissibility of the acquired evidence.

Section 171. Investigative Experiment

An investigative experiment is an investigative action whose content is the conducting of special tests in order to ascertain whether an event or activity could have occurred under certain conditions or in a certain way, and also in order to acquire new information, and examine previously acquired information, regarding the conditions that have or may have significance in a case.

Section 172. Procedures for an Investigative Experiment

(1)

Persons who perform the operations included in an investigative experiment shall participate in the experiment, if necessary, on the basis of an invitation of the performer of an investigative action.

(2)

An investigative experiment shall be conducted under conditions that must comply as far as possible with the conditions under which the event or activity to be examined took place. In order to exclude a random result, the operations included in the experiment may be conducted multiple times.

Section 173. On-site Examination of Testimony

An on-site examination of testimonies is an investigative action whose content is a repeated examination of a person regarding a fact provided in earlier testimony, and an examination of such fact on site, as well as a comparison of acquired results for the purpose of acquiring new information, or of examining previously acquired information, regarding the conditions of a case.

Section 174. Procedures for Conducting an On-site Examination

(1)

An on-site examination of testimony shall be conducted with the participation of a previously examined person.

(2)

During an on-site examination of testimony, a person shall testify in sequence regarding a fact characterised in his or her previous testimony, and such testimony shall be followed by an examination of such fact and an inspection of the location.

(3)

If a contradiction between a testimony and a concrete fact is determined, the performer of an investigative action shall summon the person being examined to explain the reason for such contradiction.

Section 175. Presentation for Identification

(1)

Presentation for identification is an investigative action whose content is the demonstration of an object to a victim, witness, suspect, or accused for the purpose of determining the identity thereof with the object that such person knew or detected earlier in conditions that are related to the event being investigated.

(2)

A living person (on the basis of the external appearance, dynamic features, or voice thereof), corpse, item , document, animal or other object may be presented for identification.

Section 176. Examination prior to Presentation for Identification

Prior to the presentation of an object for identification, a person shall be examined regarding the conditions under which he or she perceived or detected the object to be identified, and regarding the characteristics and features of the object on the basis of which such person could identity such object. The inability of the person being examined to describe the characteristics and features of the object may not be a reason for refusing to conduct the presentation for identification.

Section 177. Procedures for Conducting a Presentation for Identification

(1)

An object to be identified shall be presented together with at least two more objects. All the objects shall be mutually uniform, without drastic differences.

(2)

The conditions under which a presentation for identification take place shall be as similar as possible to the conditions under which the identifier perceived the object to be identified in connection with the event being investigated, but the object to be identified shall, as far as possible, be in the state and form that such object was at the time when the object was first perceived.

(3)

The placement of objects to be presented, or the order of the presentation thereof, shall be such that the identifier is unable to know beforehand the location of the object to be identified, and that he or she can fully perceive the characteristics and features thereof on the basis of which such object may be identified. A person to be presented for identification shall select, by him or herself, a place among the other persons to be presented.

(4)

Objects to be presented shall be photographed, insofar as possible, or a sound and image recording shall be made of such objects.

(5)

If the presentation of an actual object to be identified is not possible, a representation thereof may be presented that has been obtained with the assistance of photographic, video, or other scientific-technical means, and in which the characteristics and features thereof on the basis of which such object may be identified have been recorded.

(6)

The provision referred to in Paragraph five of this Section shall also be complied with in cases where the object to be identified is rarely encountered, and where it is difficult to find two more mutually uniform objects.

(7)

If an identifier indicates that one of the presented objects is the object to be identified, such identifier shall be invited to explain, in as much detail as possible, the characteristics and features on the basis of which he or she identified such object. The identified person shall be summoned to announce his or her given name and surname.

(8)

In cases where special procedural protection has been specified for an identifier, and such protection is necessary for the safety thereof, identification shall be performed in compliance with the provision of Division Four of this Law.

(9)

The procedures specified in Paragraph eight of this Section shall also be applied in cases where it is necessary, due to ethical or psychological considerations, that the person to be identified does not see the identifier.

Section 178. Presentation of Corpses for Identification

(1)

One corpse shall be presented for identification, if necessary, after the relevant tending thereto.

(2)

The clothing of a corpse shall be presented for identification separately in accordance with the procedures specified in Section 177 of this Law.

Section 179. Searches

(1)

A search is an investigative action whose content is the search by force of premises, terrain, vehicles, and individual persons for the purpose of finding and removing the object being sought, if there are reasonable grounds for believing that the object being sought is located in the site of the search.

(2)

A search shall be conducted for the purpose of finding objects, documents, corpses, or persons being sought that are significant in criminal proceedings.

Section 180. Decision regarding a Search

(1)

A search shall be conducted with a decision of an investigating judge or a court decision. An investigating judge shall take a decision based on a proposal of a person directing the proceedings and materials attached thereto.

(2)

A decision regarding a search shall indicate who will search and remove, where, with whom, in what case, and the objects and documents that will be sought and removed.

(3)

In emergency cases where, due to a delay, sought objects or documents may be destroyed, hidden, or damaged, or a person being sought may escape, a person directing the proceedings may conduct a search with the consent of a public prosecutor.

(4)

A decision regarding a search shall not be necessary in conducting a search of a person to be detained, as well as in the case specified in Paragraph five of Section 182 of this Law.

(5)

A person directing the proceedings shall inform an investigating judge regarding the search indicated in Paragraph three of this Section not later than the next working day after the conducting thereof, presenting the materials that justified the necessity and emergency of the investigative action, as well as the minutes of the investigative action. The judge shall examine the legality and validity of the search. If the investigative action was conducted illegally, the investigating judge shall recognise the acquired evidence as inadmissible in criminal proceedings, and shall decide regarding the actions with the removed objects.

Section 181. Persons Present at a Search

(1)

A search shall be conducted in the presence of the person at whose site the search takes place, or in the presence of a family member of legal age of such person. If the presence of the relevant person is not possible, or if such person avoids participation in the search, the search shall be conducted in the presence of the possessor, manager, or a representative of the local government of the object subjected to the search.

(2)

A search in the premises of a legal person shall be conducted in the presence of a representative of the relevant legal person, and in the presence of the person in connection with the operations or inactions of whom the search is taking place in the premises of the legal person, if objective obstacles for conveying such person to the premises of the legal person do not exist. If the presence of the representative is not possible, of if the representative avoids participation in the search, the search shall be conducted in the presence of a representative of the local government.

(3)

A search shall be conducted in the presence of a suspect or accused person if it takes place in the declared place of residence and work place of the referred to persons, except for the case where it is not possible due to objective reasons.

(4)

In order to identify the objects being sought, a victim or witness may also be invited to a search.

(5)

The rights of persons located at the site of a search to be present during the entire term of the operations of the performer of the investigative action, and to express the remarks thereof regarding such operations, shall be explained to such persons.

[19 January 2006]

Section 182. Procedures for Conducting a Search

(1)

A performer of an investigative action, together with the persons present during the investigative action, is entitled to enter into the premises or geographical territory indicated in a decision regarding a search in order to find the objects, documents, corpse,

or person being sought mentioned in the decision. Guarding of the location of a search may be organised, if necessary.

(2)

In commencing a search, the performer of the investigative action shall acquaint the person at whose site the search is taking place with the decision regarding the search. Such person shall sign regarding such acquainting in the decision. Then the performer of the investigative action shall summon such person to voluntarily issue the object being sought.

(3)

If the person by whom a search is taking place refuses to open up the premises or storage facilities located at the site of the search, the performer of the investigative action is entitled to open such premises or storage facilities without causing unnecessary damage.

(4)

Persons located at the site of a search may be prohibited from leaving such site, moving, or talking among themselves until the end of the investigative action. If such persons impede the conducting of the search with the actions thereof, such persons may be transported to other premises.

(5)

A search of premises or a geographical territory may also include a search of the vehicles and persons located therein. If necessary, a search of a person may be conducted at the beginning and at the end of a search of premises or a geographical territory.

(6)

During a search, the objects and documents referred to in a decision, as well as other objects and documents that may be significant in the case, shall be removed. If things that are prohibited from being kept are found during a search, such things shall be removed, indicating the reason for such action in the minutes.

(7)

If a victim or witness present at a search recognises one of the found objects, such finding shall be indicated in the minutes.

(8)

All objects found and removed in a search shall be presented to the persons present, described in the minutes, and, if possible, packaged and sealed.

(9)

If a person directing the proceedings has assigned an expert or auditor present at a search to seize the objects found during the search and to perform the necessary exert examination or audit, the minutes of the search shall indicate such objects, the location and identifying features thereof, the fact of seizure, and the expert-examination institution or auditor under the liability of which the seize objects have been transferred.

(10)

After the completion of a search, the location of the search shall be returned, insofar as possible, to the previous state thereof.

Section 183. Search of Persons

(1)

If there are sufficient grounds for believing that objects or documents that are significant for criminal proceedings are located in the clothing of a person, in the property in his or her presence, on his or her body, or in the open cavities of his or her body, a search of such person may be conducted.

(2)

A search of a person may be conducted only by an official of the same sex as such person, inviting a medical practitioner to be present if necessary, regardless of his or her sex.

Section 184. Search in the Premises of Diplomatic or Consular Representative Offices

(1)

A search in the premises of a diplomatic or consular representative office, or in premises used by the parliamentary and governmental official delegations and missions of foreign states, may be conducted only on the basis of a request of the head of such representative office, delegation, or mission, or with his or her consent.

(2)

A search of premises wherein reside the employees of the diplomatic representative offices of foreign states and other institutions of foreign states, as well as the members of the parliamentary and governmental official delegations and missions of foreign states who enjoy diplomatic immunity in accordance with the international agreements binding on Latvia, and the family members thereof, and a search of such employees, members, and the family members thereof, may be conducted only on the basis of a request thereof and with the consent thereof.

(3)

A person directing the proceedings shall request the consent referred to in this Section with the intermediation of the Ministry of Foreign Affairs of the Republic of Latvia.

(4)

The presence of a representative of the Ministry of Foreign Affairs is mandatory in the conducting of a search in the premises of a diplomatic or consular representative office.

Section 185. Issuance of a Copy of the Minutes of a Search

A copy of the minutes of a search shall be issued to the person at whose site such investigative action was conducted, or to another person referred to in Paragraphs one and two of Section 181 of this Law.

Section 186. Seizure

Seizure is an investigative action whose content is the removal of objects or documents significant to a case, if the performer of the investigative action knows where or by whom the concrete object or document is located and a search for such object or document is not necessary, or such object or document is located in a publicly accessible place.

Section 187. Decision regarding Seizure

(1)

A seizure shall be conducted with the decision of a person directing the proceedings.

(2)

A decision regarding a seizure shall indicate who will seize an object or document, where, with whom, in what case, and the objects and documents that will be seized.

Section 188. Seizure Procedures

(1) In commencing a seizure, the performer of the investigative action shall acquaint the person at whose site the seizure is taking place with the decision regarding the seizure. Such person shall sign regarding such acquainting in the decision. Then the performer of the investigative action shall summon such person to voluntarily issue the object being seized.

(2) Seized objects or documents shall be described in the minutes of the seizure.

(3)

A copy of the minutes of a seizure shall be issued, after the completion of the investigative action, to the person at whose site the seizure was conducted.

(4)

If a person refuses to issue an object to be seized, or if the object or document to be seized cannot be found in the indicated location and there is reason to believe that such object or document is located elsewhere, a decision regarding the conducting of a search may be taken in accordance with the procedures specified in Section 180 of this Law, and the search may be conducted in order to find such object or document.

Section 189. Submission of Objects and Documents on the basis of the Initiative of a Person

(1)

Persons are entitled to submit to a person directing the proceedings objects and documents that such persons believe may be significant in the criminal proceedings.

(2)

The fact of submission shall be recorded in the minutes, which shall indicate the identifying features of the objects or documents, as well as an explanation by the submitter regarding the circumstances of the origination or acquisition of the object.

(3)

If a person submits an object or document during an investigative action, such submission shall be recorded in the minutes of such investigative action.

(4)

If it has been ascertained that a submitted object or document does not have any significance in criminal proceedings, such object or document shall be returned to the submitter.

Section 190. Submission of Objects and Documents Requested by a Person Directing the Proceedings

(1)

A person directing the proceedings, without conducting the seizure provided for in Section 186 of this Law, is entitled to request from natural or legal persons, in writing, objects and documents that are significant to criminal proceedings.

(2)

If natural or legal persons do not submit the objects and documents requested by a person directing the proceedings during the term specified by such person directing the proceedings, the person directing the proceedings shall conduct a seizure or search in accordance with the procedures specified in this Law.

(3)

The heads of legal persons have a duty to perform a documentary audit, inventory, or departmental or service examination within the framework of the competence thereof and on the basis of a request of a person directing the proceedings, and to submit documents, within a specific term, together with the relevant additions regarding the fulfilled request.

(4) [19 January 2006] [19 January 2006]

Section 191. Storage of Data located in an Electronic Information System

(1)

A person directing the proceedings may assign, with a decision thereof, the owner or lawful possessor of an electronic information system (that is, a person who ensures the communication of persons with the assistance of an information system, or who processes or stores data within the framework of such service) to immediately ensure the storage, in an unchanged state, of the totality of the specific data necessary for the needs of an investigation that is located in the possession or under the control thereof, and the inaccessibility of such data to other users of the system.

(2)

The duty to store data may be specified for a term of up to thirty days, but such term may be extended, if necessary, by an investigating judge by a term of up to thirty days.

Section 192. Disclosure of Data Stored in an Electronic Information System

A person directing the proceedings may request, based on a decision of an investigating judge or with the consent of a data subject, that the owner or lawful possessor of an electronic information system disclose the data stored in the information system.

Section 193. Expert-examination

An expert-examination is an investigative action performed by one or several experts under the assignment of a person directing the proceedings, and the content of which is the study of objects submitted to the expert-examination for the purpose of ascertaining facts and circumstances significant to criminal proceedings, regarding which the conclusion of the expert is provided.

Section 194. Grounds for Determining an Expert-examination

An expert-examination shall be determined in cases where the conducting of a study is necessary wherein special knowledge in a sector of science, technology, art, or craftsmanship is to be used in order to ascertain matters significant to criminal proceedings.

Section 195. Mandatory Expert-examinations

An expert-examination is mandatory in order to determine: 1) the cause of death, or the seriousness and nature of bodily injuries; 2) pregnancy or the fact of the artificial termination thereof; 3) features that indicate the committing of a sexual offence; 4) the age of a person, if age is significant in criminal proceedings but the relevant

documents do not exist;

5) the mental state of a suspect or accused, or the mental state of a person regarding whom legal proceedings are taking place for the determination of compulsory measures of a medical nature, if the person directing the proceedings has justified doubts regarding the mental capacity of the relevant persons;

6) the ability of a person to adequately perceive and comprehend the facts significant in a case, and to testify regarding such facts, and the ability of such person to independently implement his or her rights and lawful interests in criminal proceedings, if justified doubts have arisen regarding such ability;

7) the authenticity of money and securities;

8) narcotic substances, psychotropic substances, and precursor substances;

9) the identity of a deceased person, if the exhumation of the corpse has taken place;

a weapon, ammunition, or explosives.

Section 196. Additional Expert-examination

(1) An additional expert-examination shall be determined if a person directing the proceedings agrees to the conclusion of an expert, yet there are uncertainties or deficiencies, or additional questions have arisen.

(2) The same expert may be assigned to perform the additional expert-examination.

Section 197. Repeated Expert-examination

(1)

A repeated expert-examination shall be determined if a person directing the proceedings doubts the conclusion of an expert essentially due to invalidity, substantial deficiencies, or allowed errors of a methodical nature, as well as if the insufficient qualification or incompetence of the expert has been determined, or if substantial violations of the procedures for conducting an expert-examination have been allowed.

(2)

Another expert of a commission of experts shall be assigned to conduct a repeated examination, placing the same objects of research, and the conclusion of the initial expert-examination, at the disposal of the expert or commission. The expert who conducted the initial expert-examination may be present during the conducting of the repeated expert-examination, without participating in the research.

Section 198. Expert-examination of a Commission of Experts

(1) An expert-examination of a commission of experts shall usually be determined in order to conduct the following:

1) an expert-examination, if the loss of the object to be studied, or substantial changes that exclude the possibility of a repeated study, are intended as a result of such expert-examination;

2) an expert-examination for identifying persons; 3) an expert-examination regarding an error of a medical practitioner in providing medical treatment.

(2)

The head of an expert-examination institution may assign a commission of experts to perform any expert-examination.

(3)

A person directing the proceedings shall establish a commission, with a decision thereof, from experts who do not work in one expert-examination institution.

(4)

All the members of a commission of experts shall sign an expert-examination conclusion of the commission, but if there is disagreement among such members, each of the experts shall give his or her own conclusion.

Section 199. Complex Expert-examinations

(1)

A complex expert-examination shall be determined, if, in order to ascertain matters significant to criminal proceedings, one object or several objects are to be investigated by experts of various sectors.

(2)

Experts who conduct a complex expert-examination shall provide a joint conclusion.

(3)

An expert who does not agree with a joint conclusion may provide a separate conclusion.

Section 200. Decision regarding the Determination of an Expert-examination

(1)

A person directing the proceedings or a member of an investigative group shall take a decision regarding the determination of an expert-examination.

(2)

A decision regarding the determination of an expert-examination shall indicate the following: 1) the reasons and grounds for the determination of the expert-examination; 2) the conditions that apply to the object to be studied; 3) the expert-examination institution, or the given name and surname of an expert of such institution, who has been assigned the performing of the expert-examination;

4) the assignment put forth for the expert, and the questions to be solved; 5) the materials transferred to the expert;

(3)

In subjecting a living person to an expert-examination, a decision shall indicate his or her personal data.

(4)

If an expert of an expert-examination institution conducts or participates in an investigative action under the assignment of a person directing the proceedings and removes objects subjected to further research, the person directing the proceedings may assign the same expert or the same expert-examination institution to conduct the expert-examination of such objects, recording such assignment and questions to be solved in the minutes of the investigative action. If necessary, the person directing the proceedings may assign additional questions to the expert-examination, and submit additional materials.

Section 201. Conducting of an Expert-examination in an Expert-examination Institution

(1)

In assigning an expert-examination institution the conducting of an expert-examination, the decision regarding the determination thereof, the objects to be studied, and the necessary case materials shall be submitted to the head of such institution.

(2)

If a decision does not indicate a concrete expert to whom the conducting of an expert-examination is to be assigned, or if an expert-examination institution whose expert

participated in or conducted an investigative action conducts an expert-examination under the assignment of a person directing the proceedings, the head of the expert-examination institution shall determine the expert, and notify the person directing the proceedings regarding such expert.

(3)

The head of an expert-examination institution is not entitled to give an expert binding instructions that may influence the results of research and the essence of a conclusion, or to independently request additional materials, except medical documents, necessary for an examination without co-ordination with a person directing the proceedings.

Section 202. Executor of an Expert-examination – Invited Expert

(1) In assigning the conducting of an expert-examination to an expert who does not work at an expert-examination institution, a person directing the proceedings shall select a specialist and:

1) verify regarding his or her character and competence;

2) ascertain that there are no obstacles that might prevent him or her from conducting the expert-examination;

3) submit to the expert a decision regarding the determination of the expert-

examination, the object to be studied, and all the necessary materials;

4) explain to him or her the rights and duties of an expert;

5) notify him or her regarding the liability for refusing to conduct an expert-

examination and for consciously providing a false conclusion; 6) if necessary, explain the procedures for drawing up an expert-examination conclusion.

(2)

An expert shall certify with the signature thereof that he or she has been familiarised with a decision. The reports and applications of the expert that the person directing the proceedings may reject with a decision thereof shall be noted in the same place.

(3)

A person directing the proceedings shall ensure the transfer of all objects of an expert-examination to an expert, ensuring, if necessary, the presence of the person subjected to the expert-examination.

(4)

The assignment of a person directing the proceedings given to an expert shall simultaneously impose a duty on the employer of the expert to not create obstacles for the conducting of the expert-examination.

Section 203. Expert Conclusion

(1) An expert shall give a written conclusion, which he or she shall certify with the signature thereof.

(2) An expert shall indicate the following in a conclusion: 1) his or her given name and surname; 2) the position to be held;

3) information regarding his or her qualification; 4) the decision or assignment with which the expert-examination was determined; 5) the date of the conducting of the expert-examination; 6) the persons present; 7) the utilised case materials, and the initial data of the object studied; 8) the methods utilised in the research, and the acquired results; 9) the reasoned answers to assigned questions, or the reasons due to which an answer

is not possible;

10) other conditions significant to criminal proceedings, which the expert has ascertained on the basis of the initiative thereof.

(3)

If an expert cannot give a specific and firm answer to a question, a conclusion regarding the possibility of the fact to be ascertained shall be allowed. The expert shall indicate the degree of certainty of such possibility, if such degree may be scientifically justified.

(4)

Images and other objects or materials shall be appended to the conclusion of an expert.

Section 204. Use of Compulsory Measures in Conducting an Expert-examination

(1)

In order to ensure a court psychiatric or psychological expert-examination of a detained person, suspect, or accused, or the conducting of an expert-examination related to an examination of his or her body, compulsory measures may be used, if necessary.

(2)

A court psychiatric or psychological expert-examination of a witness, victim, or a person against whom criminal proceedings have been initiated, or an expert-examination related to an examination of his or her body, may be conducted by force only with a decision of an investigating judge, and only in the case where the conditions to be proven in criminal proceedings cannot be ascertained without such expert-examination.

Section 205. Report regarding the Impossibility of Providing an Expert Conclusion

If an expert verifies, before the commencement of a study, that he or she will not be able to answer the questions assigned in a decision because he or she does not have the relevant special knowledge, the relevant research methods, or the objects of research are insufficient or of poor quality, or due to other substantial circumstances, he or she shall write a motivated decision regarding such circumstances, which he or she shall transfer to a person directing the proceedings.

Section 206. Samples Necessary for a Comparative Study

In order to ensure an expert with the possibility to answer assigned questions, a person directing the proceedings may take, or assign the expert to take, samples necessary for a comparative investigation that reflect the characteristics and features of the object of study of the expert-examination.

Section 207. Persons from whom Samples for a Comparative Study are Taken

(1)

Samples for a comparative study may be taken from a detained person, suspect, accused, or a person against whom criminal proceedings are taking place regarding the determination of compulsory measures of a medical nature.

(2)

In order to ascertain whether traces on objects, or circumstances significant in criminal proceedings, have arisen as a result of the activities of other persons, samples may also be taken from such persons, examining such persons accordingly as victims or witnesses.

Section 208. Procedures for Taking Samples Necessary for a Comparative Study

(1)

A person directing the proceedings or an expert under the assignment thereof may take samples necessary for a comparative study.

(2)

If samples necessary for a comparative study are taken from a person with the consent thereof, such taking shall be recorded in compliance with the provisions of Section 142 of this Law.

(3)

The taking of samples necessary for a comparative study, if such samples are not obtained from a person, shall be conducted as a separate investigative action. Such taking may also be conducted during the course of another investigative action, compulsorily recording the relevant operations in the minutes.

Section 209. Taking of Samples by Force Necessary for a Comparative Study

(1)

A detained person, a suspect and an accused have a duty to allow the taking of samples from him or her for comparative study, but from persons against whom criminal proceedings have been commenced, and from a witness and victim the samples necessary for a comparative study may be taken by force only with a decision of an investigating judge.

(2)

In emergency cases where samples necessary for a comparative study may be destroyed or damaged due to a delay, a person directing the proceedings may take such samples forcibly with the consent of a public prosecutor. The person directing the proceedings shall notify the investigating judge regarding such taking by force not later than the next working day after the conducting of the investigative action, presenting the materials that justified the necessity and emergency thereof, as well as the minutes of the investigative action. The judge shall examine the legality and validity of the investigative action.

[17 May 2007]

Chapter 11 Special Investigative Actions

Section 210. Provisions for Performing Special Investigative Actions

(1)

The special investigative actions provided for in this Chapter shall be performed if, in order to ascertain conditions to be proven in criminal proceedings, the acquisition of information regarding facts is necessary without informing the person involved in the criminal proceedings and the persons who could provide such information.

(2)

Persons directing the proceedings, or the institutions and persons under the assignment thereof, shall perform special investigative actions based on a decision of an investigating judge. If the utilisation of the means and methods of an investigative action are necessary for the actualisation of such action, the performance of such operation shall be assigned only to State institutions specially authorised by Law (hereinafter in this Chapter – specialised State institution).

(3)

The performance of a special investigative action shall be permitted only in investigating serious or particularly serious crimes.

Section 211. Information Acquired as a Result of Special Investigative Actions

(1)

During the course of a special investigative action, only information acquired in connection with serious or particularly serious crimes shall be recorded that: 1) is necessary for ascertaining conditions to be proven in criminal proceedings; 2) indicates the committing of another criminal offences, or the conditions of the

committing thereof; 3) is necessary for preventing immediate and significant threats to public safety.

(2)

A person directing the proceedings, his or her involved persons, a public prosecutor, and the investigating judge who supervises special investigative actions shall perform all the necessary measures in order not to allow for a gathering and utilisation of information that are not in conformity with the purposes specified in Paragraph one of this Section.

Section 212. Permission for the Performance of Special Investigative Actions

(1)

Special investigative actions shall be performed based on a decision of an investigating judge.

(2)

A decision of an investigating judge shall not be necessary if all the persons who will work or live in the publicly inaccessible location during the performance of a special investigative action agree to the performance of such operation.

(3)

Within the meaning of this Chapter, locations that one may not enter, or wherein one may not remain, without the consent of the owner, possessor, or user are publicly inaccessible.

(4)

In emergency cases, a person directing the proceedings may commence special investigative actions by receiving the consent of a public prosecutor, and, not later than the next working day, a decision of an investigating judge.

Section 213. Decision regarding the Performance of a Special Investigative Action

(1)

An investigating judge shall take a decision regarding the performance of a special investigative actions after the substantiated proposal of a person directing the proceedings, and the materials of the criminal case, have been reviewed.

(2)

A decision shall indicate a special investigative action, the institutions or persons to which the performance of such operation has been assigned, the purpose and allowed duration of the performance thereof, and all other conditions that have significance in the ensuring of the operation to be performed.

(3)

The duration of a special investigative action to be performed in a publicly inaccessible location shall not exceed 20 days. An investigating judge may extend such term, if there are grounds for such extension.

Section 214. Consequences of Violating the Procedures for Receiving Permission

(1)

If a person directing the proceedings has not complied with the procedures for receiving permission specified in this Section, the evidence acquired as a result of a special investigative action shall not be used in the evidence process.

(2)

If a special investigative action has been commenced in accordance with the procedures provided for in Paragraph four of Section 212 of this Law, an investigating judge shall decide regarding the justification of the commencement of such investigative action, as well as the necessity for continuing such operation, if such operation has not been completed. If the investigative action was not justified, or was performed illegally, the judge shall decide regarding the admissibility of the acquired evidence, and regarding actions with seized objects.

Section 215. Types of Special Investigative Actions

(1)

The following special investigative actions shall be performed in accordance with the provisions of this Chapter: 1) control of legal correspondence; 2) control of means of communication; 3) control of data in an electronic information system; 4) control of the content of transmitted data; 5) audio-control of a site or a person; 6) video-control of a site; 7) surveillance and tracking of a person; 8) surveillance of an object; 9) a special investigative experiment; 10) the acquisition in a special manner of the samples necessary for a comparative

study; 11) control of a criminal activity;

(2)

In order to perform the investigative actions provided for in Paragraph one of this Section, or to arrange the technical means necessary for the ensuring thereof, the entering

of publicly inaccessible places shall be permitted if an investigating judge has permitted such entering with a decision thereof.

Section 216. Recording of Special Investigative Actions

(1)

A person directing the proceedings shall write up minutes if he or she performs a special investigative action by him or herself.

(2)

If a specialised State institution performs a special investigative action, a representative thereof shall write an account, and submit such account, together with the materials obtained as a result of such operation, to a person directing the proceedings.

(3)

If another person performs a special investigative action under the assignment of a person directing the proceedings, such person shall submit an account in writing to the person directing the proceedings, and submit to him or her the materials obtained as a result of such operation.

(4)

A performer of a special investigative action shall do everything possible so that the facts of interest to the investigation are recorded with technical means.

(5)

A person directing the proceedings shall inform the institution that has jurisdiction in the investigation of another criminal offence regarding information that indicates the relevant criminal offence or the circumstances of the committing thereof.

(6)

A person directing the proceedings or a specialised institution shall immediately notify State security institutions regarding information that is necessary for the prevention of immediate substantial threats to public safety.

Section 217. Correspondence Control

(1)

Postal institutions, or persons who provide consignment delivery services, shall perform control of a consignment placed under the liability thereof, without information of the sender and addressee, based on a decision of an investigating judge, if there are grounds for believing that the consignment contains or may contain information regarding facts included in the circumstances to be proven, and if the acquisition of necessary information is impossible or hindered without such operation.

(2)

Postal institutions, or person who provide consignment delivery services, shall inform the official referred to in a decision regarding the fact that a consignment subjected to control is at the disposal of such official. Officials shall familiarise themselves with the contents of a consignment immediately, but not later than within a term of 28 hours from the moment of the receipt of information, and shall decide regarding the seizure of such consignment, or the further delivery thereof with or without the copying, photographing, or other recording of the content thereof. In all cases, an official shall write up a consignment inspection protocol in the presence of a representative of the deliverer.

(3)

A consignment shall be seized only if there are grounds for believing that during the proving process the original thereof will have substantially larger significance than a copy or a visual recording.

(4)

If a consignment is seized or a seized consignment is transferred to the addressee or deliverer with a substantial delay, he or she shall be informed regarding the reasons for

the delay of the consignment and the basis for the control, without harming the interests of criminal proceedings, insofar as possible.

(5) [17 May 2007]

[17 May 2007]

Section 218. Control of Means of Communication

(1)

The control of telephones and other means of communications without the knowledge of the members of a conversation or the sender and recipient of information shall be performed, based on a decision of an investigating judge, if there are grounds for believing that the conversation or transferred information may contain information regarding facts included in circumstances to be proven, and if the acquisition of necessary information is not possible without such operation.

(2)

The control of telephones and other means of communication with the written consent of a member of a conversation, or the sender or recipient of information, shall be performed if there are grounds for believing that a criminal offence may be directed against such persons or the relative thereof, or also if such person is involved or may be enlisted in the committing of a criminal offence.

Section 219. Control of Data Located in an Electronic Information System

(1) The search of an information system (a part thereof), the data stored therein, or the data environment, as well as the access thereto and the acquisition thereof (hereinafter

– control of data in an information system) without the information of the owner, possessor, or maintainer of such system or data shall be performed, based on a decision of an investigating judge, if there are grounds for believing that the information located in the concrete information system may contain information regarding facts included in circumstances to be proven.

(2)

If there are grounds for believing that sought data (information) is being stored in a system, located in another territory of Latvia, that may be accessed in an authorised manner by using the system referred to in a decision of an investigating judge, a new decision shall not be necessary.

(3)

A person directing the proceedings may request, for the commencement of an investigative action, that the person who oversees the functioning of a system or performs duties related to data processing, storage, or the ensuring of transmission (hereinafter – responsible employee of a system) provide the necessary information, as well as shall notify such person regarding the non-disclosure of an investigative secret.

(4)

In performing a control of data in an information system under the assignment of a person directing the proceedings, the responsible employee of the system has a duty to take over or otherwise ensure the system (a part thereof, the data-storage environment thereof), prepare copies of data, preserve unchanged essential stored data, ensure the entirety of information resources located in the system, and render the data to be control inaccessible to other users, or prohibit the performance of other actions with such data.

Section 220. Control of the Content of Transmitted Data

The interception, collection and recording of data transmitted with the assistance of an information system using communication devices located in the territory of Latvia (hereinafter – control of transmitted data) without the information of the owner, possessor, or maintainer of such system shall be performed, based on a decision of an investigating judge, if there are grounds for believing that the information obtained from data transmission may contain information regarding facts included in circumstances to be proven.

Section 221. Audio-control or Video-control of a Site

The audio-control of a publicly inaccessible site without the information of the owner, possessor, and visitors of such site shall be performed, based on a decision of an investigating judge, if there are grounds for believing that the conversations, other sounds, or occurrences taking place at such site, may contain information regarding facts included in circumstances to be proven. The audio-control or video-control of a publicly inaccessible site shall be performed only if the acquisition of necessary information is not possible without such operation.

Section 222. Audio-control of a Person

(1)

The audio-control of a person without the information of such person shall be performed, based on a decision of an investigating judge, if there are grounds for believing that the conversations, or other sounds, of the person may contain information regarding facts included in circumstances to be proven, and if the acquisition of necessary information is not possible without such operation.

(2)

The audio-control of a person with the written consent of such person, based on a decision of a person directing the proceedings, shall be performed if there are grounds for believing that a criminal offence may be directed against such person or the relatives thereof, or if such person is involved in, or may be enlisted in, the committing of a criminal offence.

Section 223. Surveillance and Tracking of a Person

(1)

Surveillance and tracking of a person without the information thereof shall be performed, based on a decision of an investigating judge, if there are grounds for believing that the behaviour of the person, or his or her contact with other persons, may contain information regarding facts included in circumstances to be proven.

(2)

An investigating judge shall indicate in a decision whether the rights are granted to continue with the surveillance and tracking, for a term of up to 48 hours, of other persons who have been in contact with a person to be placed under surveillance.

Section 224. Surveillance of an Object or a Site

Surveillance of an object or a site shall be performed, based on a decision of an investigating judge, if there are grounds for believing that information regarding facts included in circumstances to be proven may be acquired as a result of surveillance.

Section 225. Special Investigative Experiment

(1)

A special investigative experiment shall be performed based on a decision of an investigating judge, if there are grounds for believing that: 1) a person has previously committed a criminal offence, and is preparing to commit, or has commenced, the same criminal activities; 2) a concrete criminal offence may be interrupted within the framework of initiated criminal proceedings;

3) information regarding facts included in circumstances to be proven may be obtained as a result of the experiment, and if the acquisition of necessary information is impossible or hindered without such activity.

(2)

A special investigative experiment creates a situation or conditions, characteristic of the daily activities of a person, that promote the disclosure of criminal intent, and records the actions of the person in such conditions.

(3)

The provocation of the actions of a person is prohibited, as is the influencing of a person with violence, threats, or blackmail, or the utilisation of the state of helplessness thereof.

(4)

If a special investigative experiment concludes with the public recording of a criminal offence of a person, a protocol shall be written regarding such recording in the presence of the person.

Section 226. Acquisition of Comparative Samples in a Special Manner

(1)

If the interests of proceedings require that it not be disclosed to a person that suspicions exist regarding his or her association with the committing of a criminal offence, samples for a comparative study may be obtained on the basis of a decision of an investigating judge without informing the relevant person regarding the obtaining thereof.

(2)

Samples that may be obtained repeatedly and which have the significance of evidence in criminal proceedings shall be seized publicly when there is no longer a necessity to keep the fact of study a secret.

Section 227. Control of Criminal Activity

(1)

If, based on a decision of an investigating judge, a separate stage of a single criminal offence or mutually connected criminal offences is determined, but, in immediately discontinuing such stage, the opportunity to prevent another criminal offence, or ascertain all involved persons, especially the organisers and commissioning parties thereof, or all the purposes of the criminal activity, will disappear, control of the criminal activity may be performed.

(2)

The determent of an interruption of a criminal offence for the purpose of control shall not be allowed if the complete prevention of the following is not possible: 1) threats to the life and health of people;

2) the spread of substances dangerous to the life of many people; 3) the escape of dangerous criminals;

4) an ecological catastrophe, or irreversible financial loss.

(3)

If another special investigative actions must be performed for the purpose of a control of criminal activity, permission for the performance thereof shall be received in accordance with general procedures.

(4)

Performers of a control shall submit accounts to a person directing the proceedings in accordance with the course of a special investigative action, but not more rarely than specified in a decision.

Section 228. Measure for Ensuring Special Investigative Actions

(1)

In order to ensure a special investigative action, the officials and persons involved in such special investigative action may use information and documents specially prepared beforehand, organisations or undertakings specially established beforehand, imitations of objects and substances, specially prepared technical means, as well as imitate participation in the committing of a criminal offence, or participation in the manner of a supporter.

(2)

In imitating a criminal activity, it shall not be permitted to threaten the life and health of people, or to cause any losses, if such losses are not absolutely necessary for the disclosure of a more serious and more dangerous crime.

(3)

A person shall be responsible in accordance with general procedures for the utilisation of the security measures referred to in Paragraph one of this Section outside of the framework necessary for the performance of a special investigative action.

Section 229. Utilisation of the Results of Special Investigative Actions in Proving

(1)

The protocols, accounts, sound and image recordings, photographs, other results recorded with technical means, and seized objects and documents or the copies thereof of special investigative actions shall be used in proving in the same way as the results of other investigative actions.

(2)

If secretly recorded expressions or activities of a person are used in proving, such person shall compulsorily be examined regarding such expressions or activities. When a person is acquainted with facts that have been acquired without his or her knowledge, such person shall be informed regarding the performed secret operation insofar as such operation directly affects the relevant person.

(3)

If a special investigative action was performed without complying with the provision for receiving permission, the acquired information shall not be used in proving.

[28 September 2005]

Section 230. Utilisation of the Results of Special Investigative Actions for Other Purposes

(1)

Evidence obtained as a result of special investigative actions shall be used only in the criminal proceedings wherein the relevant operations were performed. If acquired information regarding facts that indicates the committing of another criminal offence, or the circumstances to be proven in another criminal proceedings, such information may be

utilised as evidence in the relevant case only with the consent of the public prosecutor or investigating judge who supervises special investigative actions in the criminal proceedings wherein the relevant operation was performed. Such restriction is not applicable to the utilisation of supporting evidence within the framework of another criminal proceedings.

(2)

A decision of an investigating judge or public prosecutor shall not be necessary if information acquired as a result of special investigative actions is utilised in order to prevent an immediate and substantial threat to public safety.

Section 231. Familiarisation with Materials that are not Attached to a Criminal case

(1)

Accounts regarding special investigative actions, as well as materials recorded with technical means that a performer has recognised do not have the significance of evidence in criminal proceedings, shall not be attached to a criminal case, and shall be stored at the institution that completed the pre-trial process.

(2)

A person involved in criminal proceedings who has the right to familiarise him or herself with the materials of a criminal case after the completion of the pre-trial investigation may submit a proposal to a public prosecutor or investigating judge, requesting that he or she be familiarised with the unattached materials.

(3)

A public prosecutor or investigating judge shall assess a proposal, taking into account the possible significance of materials in criminal proceedings and the allowed restrictions on human rights, and may prohibit the opportunity to become familiarised with unattached materials, if such familiarisation may substantially threaten the life, health, or interests protected by law of a person involved in criminal proceedings, or if such familiarisation affects only a private secret of a third person.

(4)

A person involved in criminal proceedings who a public prosecutor or investigating judge has familiarised with materials unattached to a criminal case may submit a request to a person directing the proceedings regarding the attachment of such materials to the criminal case. The request shall be decided in accordance with the same procedures as other requests submitted after the completion of an investigation.

(5)

The same composition of a court shall decide regarding a request, submitted during a trial, to become familiarised with the materials of a special investigative action unattached to a criminal case, familiarising itself with the request and the materials of the criminal case, and, if necessary, requesting explanations from submitter and public prosecutor.

Section 232. Actions with the Results of a Special Investigative Action that do not have the Significance of Evidence in Criminal Proceedings

(1)

The public prosecutor or investigating judge who supervises special investigative actions in criminal proceedings shall decide regarding actions with accounts, audio-recordings and video-recordings, photographs, other materials that have been recorded utilising technical means, and seized objects and documents and the copies thereof, if a performer of proceeding has recognised that such objects and documents do not have the

significance of evidence in criminal proceedings, in such a way that the consequences of injury to human rights are reduced as far as possible.

(2)

Seized documents and objects shall, if possible, be returned to the owners, informing such owners regarding the special investigative action insofar as such operation affects such persons.

(3)

Accounts, copies, and materials that were recorded using technical means shall be destroyed, if it is ascertained that such accounts, copies, or materials do not have the significance of evidence in criminal proceedings.

(4)

In criminal proceedings wherein the persons who are to be held criminally liable have not been ascertained, actions with the materials referred to in this Section may be decided not earlier than six months after the completion of a special investigative action.

(5)

In completed criminal proceedings, actions with such materials may be decided after the completion of the term for appealing a decision.

(6)

In criminal proceedings that have been transferred to a court for adjudication, actions with the referred to materials shall be decided after the coming into effect of the court adjudication.

Section 233. Measures for Protecting Information in Criminal Proceedings

(1)

Information regarding the fact of the performance of a special investigative action shall, until the completion thereof, be confidential investigative data regarding the disclosure of which officials or persons who are involved in the performance thereof shall be responsible in accordance with the law. A representative who has the right to familiarise him or herself with all the materials of a criminal case from the moment of the issuance of prosecution shall not be familiarised with the documents that apply to a special investigative action until the completion of such investigative action.

(2)

A person directing the proceedings shall use all the measures provided for by law in order to restrict the spread of information that has been acquired as a result of a special investigative action and that has the significance of evidence in criminal proceedings, if such information affects a private secret of a person or affects other restricted-access information protected by law.

(3)

Preparation of copies of materials obtained as a result of a special investigative action shall be allowed only in the cases provided for by law, making a note thereof in the protocol of the relevant operation.

Section 234. Measures for the Protection of Information included in Materials Not Attached to a Criminal case

(1)

The methods, techniques, and means for the performance of a special investigative action, as well as the information acquired as a result thereof that does not have the significance of evidence in the criminal proceedings in which such operation was performed, or the utilisation of which in another criminal proceedings is not permitted, or which is not necessary for the prevention of an immediate and substantial threat to public safety, shall be a State or investigative secret, and persons shall be held

liable for the disclosure thereof in accordance with the procedures specified in the Criminal Law.

(2)

A person directing the proceedings shall notify persons who are involved in the performance of special investigative actions regarding the liability provided for in Paragraph one of this Section. If the performance of special investigative actions is the professional duty of a person, his or her employer shall ensure report.

(3)

A public prosecutor or investigating judge shall notify persons who are being familiarised with the materials not attached to a criminal case regarding liability.

(4)

In deciding regarding actions with materials not attached to a criminal case, a public prosecutor and investigating judge shall examine whether all person have been notified and whether the necessary measures have been performed in order to prevent the spread of unjustified information, and shall assign tasks for the rectification of deficiencies.

Chapter 12 Actions with Material Evidence and Documents

Section 235. Attachment of Material Evidence or Documents to a Case

(1)

A person directing the proceedings shall register materials and documents obtained during the course of investigative actions in the list of material evidence and documents in criminal proceedings, if there are grounds for believing that such materials and documents may have the significance of evidence in the subsequent criminal proceedings.

(2)

Materials and documents obtained during the course of investigative actions, but which, as determined by subsequent proceedings, do not have the significance of evidence in criminal proceedings, shall be immediately returned to the owner or lawful possessor thereof, who shall sign for such materials or documents, or another activity specified in the Law shall be decided, making a note of such decision in the list of material evidence and documents.

(3)

The originals of documents permanently stored in the collections of the State Archives shall be seized during the course of investigative actions only for the performance of a technical or handwriting expert-examination on the documents, but in other cases certified copies of case materials are to be attached to such case materials.

Section 236. List of Material Evidence and Documents

A person directing the proceedings shall indicate the following in a list of material evidence and documents:

1) the name of a piece of material evidence or a document;

2) the date when such material evidence or document was obtained, and the investigative action wherein such material evidence or document was obtained;

3) storage location;

4) the date and definitive action with the material evidence or document.

Section 237. Storage of Material Evidence

(1)

Material evidence that may not be stored together with other criminal-case materials shall be stored in premises intended specially for such purpose. If such condition is not able to be fulfilled, such evidence may be stored in the institutions specified by the Cabinet, or also in another location in accordance with the procedures specified by the Cabinet, if the storage thereof is ensured until the final adjudication of the matter regarding subsequent actions with the concrete material.

(2)

If such materials are necessary for achieving the legal aims of the owner or lawful possessor thereof, such materials may be returned to him or her completely or for a term, if such returning of materials is not harmful to the subsequent criminal proceedings.

(3)

Money, securities, jewellery, precious metals and precious stones, poisonous, narcotic, and psychotropic substances, precursors, radioactive materials and other materials of strategic significance, as well as weapons, ammunition, and explosives, if such materials have the significance of material evidence, shall be transferred for storage to the special institutions specified by the Cabinet.

(4)

In transferring criminal-case materials to another person directing the proceedings, material evidence may be left in storage in the location specified for the storage of material evidence by the first person directing the proceedings.

Section 238. Document Storage

(1)

The originals of documents shall be immediately returned to the owner or lawful possessor thereof after the necessary investigative actions have been performed with such documents, but the copies of case materials are to be attached to such case materials.

(2)

If the returning of the originals of document to the owner of lawful possessor thereof may be harmful to subsequent criminal proceedings, or if there are justified suspicions that such documents may be used for achieving illegal aims after the return thereof, copies of the documents shall be transferred to the owner or lawful possessor of such documents, but the originals of the documents shall be attached to case materials and stored together with the case during the entire term of storage thereof.

Section 239. Terms for the Storage of Material Evidence and Documents

(1)

Material evidence and documents shall be stored until a court judgment enters into effect or the term up until which a decision regarding the termination of criminal proceedings may be appealed ends.

(2)

If there is a dispute, to be examined in accordance with civil procedures, regarding rights to a seized material, material evidence and documents shall be stored until a court judgment in a civil case enters into effect, or a prescriptive period for claims sets in.

(3)

Material evidence the long-term storage of which is not possible, and which may not be returned to the owner or lawful possessor thereof, or the long-term storage of which causes losses to the State, shall be put up for sale or destroyed with a decision of a person directing the proceedings in accordance with the procedures specified by the Cabinet.

(4)

The decision of a person directing the proceedings indicted in Paragraph three of this Section may be appealed in a pre-trial investigation to the investigating judge in accordance with the procedures specified in this Law.

Section 240. Definitive Action with Material Evidence and Documents

(1)

A judgment or decision regarding the termination of criminal proceedings shall indicate what shall be done with material evidence and documents, in particular: 1) materials, documents, and valuable shall be returned to the owner or lawful possessor thereof; 2) the tools of a criminal offence owned by a suspect or accused shall be confiscated; 3) criminally obtained valuable, materials, and documents shall be confiscated; 4) materials the circulation of which is forbidden shall be transferred to the relevant institutions, or destroyed;

5) materials that do not have any value shall be issued to interested person on the basis of a request thereof, or destroyed.

(2)

If material evidence must be returned to the owner or lawful possessor thereof, yet it is not possible to do so, the owner shall be compensated with an object of the same sort and the same quality, or also paid the value that exists at the moment of compensation.

Division Three Procedural Compulsory Measures and Sanctions

Chapter 13 General Provisions for the Application of Compulsory Measures

Section 241. Grounds for the Application of a Procedural Compulsory Measure

(1)

Grounds for the application of a procedural compulsory measure shall be the resistance of a person to the reaching of the aim of criminal proceedings in concrete proceedings or to the performance of a separate procedural action, or his or her non-execution, or improper execution, of procedural duties.

(2)

A security measure shall be applied as a procedural compulsory measure to a suspect or an accused if there are grounds for believing that the relevant person will continue criminal activities, or avoid an investigation and court.

(3)

In making a judgment, a court may apply a security measure to an accused if there are grounds for believing that he or she may avoid the execution of the judgment.

Section 242. Procedural Compulsory Measures

(1) In order to ensure criminal proceedings, the rights of a person may be restricted

with the following procedural compulsory measures: 1) detention;

2) placement in a medical institution for the performance of an expert-examination; 3) conveyance by force.

(2) Security measures are also procedural compulsory measures. Such measures may be applied only to a suspect or accused.

Section 243. Detention Orders

(1)

The following are security measures: 1) report of the address for receiving consignments; 2) prohibition from approaching a specific person or location; 3) prohibition from a specific employment; 4) prohibition from departing from the State; 5) residence in a specific place of residence; 6) personal bail; 7) security deposit; 8) placement under police supervision; 9) house arrest; 10) arrest;

(2)

The following may also be applied to a minor as a security measure: 1) placement under the supervision of parents or guardians; 2) placement in a social correctional educational institution.

(3)

Placement under the supervision of a unit commander (supervisor) may be applied to a soldier as a security measure.

(4)

The security measures referred to in Paragraph one, Clauses 1-4 of this Section may also be applied additionally to any other security measure.

Section 244. Selection of Procedural Compulsory Measures

(1)

A person directing the proceedings shall choose a procedural compulsory measure that infringes upon the basic rights of a person as little as possible, and is proportionate.

(2)

In selecting a security measure, a person directing the proceedings shall take into account the nature and harmfulness of a criminal offence, the character of the suspect or accused, his or her family situation, health, and other conditions.

(3) A procedural compulsory measure may not be applied to a victim who is a minor.

Section 245. Decision regarding the Application of a Procedural Compulsory Measure

(1) A procedural compulsory measure, with the exception of detention, is applied by a person directing the proceedings or an investigating judge with a motivated written decision that indicates:

1) the person to whom the compulsory measure is to be applied;

2) grounds for the application of the procedural compulsory measure; 3) the type of compulsory measure; 4) [19 January 2006] 5) the institution or person to whom the execution of the decision has been assigned; 6) the procedures for the appeal of the decision.

(2)

A decision regarding the application of a compulsory measure shall additionally indicate the criminal offence in connection with the committing of which the compulsory measure is applied to a suspect or accused.

(3)

An investigating judge shall take a decision, during pre-trial proceedings, regarding an arrest, house arrest, the placement of a minor in a social correctional educational institution, or the placement of a person in a medical institution for the performance of an expert-examination.

[ 19 January 2006]

Section 246. Application of a Procedural Compulsory Measure

(1)

In commencing the application of a procedural compulsory measure, the person who applies such measure shall inform the person to whom the compulsory measure is applied regarding the taken decision, as well as explains the essence, content, and procedures for appeal of the compulsory measure, and the consequences of not complying with the compulsory measure.

(2)

The person who implements the right to assistance of counsel is entitled to familiarise him or herself with the procedural documents wherein information is recorded regarding the facts that have been used in order to justify the application of a procedural compulsory measure. If such familiarisation threatens a pre-trial investigation or interests important to a third person or the public, such familiarisation may be deferred with a decision of a person directing the proceedings until the prevention of the relevant threat.

Section 247. Informing of Other Persons regarding the Application of a Procedural Compulsory Measure

(1)

If a procedural compulsory measure is related to the deprivation of the liberty of a person, a person directing the proceedings shall, in compliance with the will and instructions of such person, immediately inform the family or other close relatives of such person, and his or her workplace or place of study, regarding the application of such measure and the location of the relevant person.

(2)

If the compulsory measure referred to in Paragraph one of this Section has been applied to a minor, a person directing the proceedings shall inform the parents or other close relatives of legal age of such minor, or the guardian of such minor if the relevant minor is under guardianship, regarding the application of such compulsory measure.

(3)

If the compulsory measure referred to in Paragraph one of this Section has been applied to a foreign citizen, a person directing the proceedings shall, in compliance with the will of the relevant person, inform the representative office of the state of such

foreign citizen, with the intermediation of the Foreign Ministry of the Republic of Latvia, regarding the application of such compulsory measure.

Section 248. Protection of a Minor, a Dependant, or Property

(1)

If, in applying to a person a procedural compulsory measure related to the deprivation of liberty, a minor, or a person under the guardianship or trusteeship of such person, is left without supervision and care, a person directing the proceedings shall provide such person with the opportunity to contact, with the intermediation of controlled communications, a close relative or another person regarding the ensuring of supervision and care. If the person does not have such opportunity, the person directing the proceedings shall inform authority protecting the rights of children, social institutions, or Orphan’s Court (regional court).

(2)

If, in applying to a person a procedural compulsory measure related to the deprivation of liberty, a property is left without supervision, a person directing the proceedings shall provide such person with the opportunity to contact, with the intermediation of controlled communications, a close relative or another person regarding the ensuring of the management of the property. If the person does not have such opportunity, on the basis of a request from such person the person directing the proceedings shall, with a decision, temporarily for a term not longer than three months, assign the protection of the property to the local government according to the location of the property in order to ensure the person an opportunity to agree regarding the further management of the property. The procedures for the protection and transfer of property shall be determined by the Cabinet. The financing for the protection of property shall be ensured from funds earmarked from the State budget specially for this purpose.

(3)

If in applying to a person deprivation of liberty associated with a procedural compulsory measure, without supervision and care remains an animal and the person with the intermediation of controlled communications has not communicated with a close relative or another person regarding the ensuring the supervision and care thereof, as well as has not requested the person directing the proceedings to ensure the protection of property referred to in Paragraph two of this Section, the person directing the proceedings shall, with a decision, entrust the care of the animal left without supervision to the local government according to the location of the property or for action with such animal according to the procedures specified in regulatory enactments.

(4)

A person directing the proceedings shall inform a person to whom a compulsory measure has been applied regarding performed measures in writing.

[19 January 2006; 17 May 2007]

Section 249. Modification or Revocation of a Procedural Compulsory Measure

(1)

If, during the term of the application of a procedural compulsory measure, the grounds for the application of such measure disappear or change, the provisions for the application of such measure, or the behaviour of the person, change, or if other circumstances are ascertained that determine the selection of the compulsory measure, a

person directing the proceedings shall take a decision regarding the modification or revocation of such procedural compulsory measure.

(2)

If a person violates the provision of an applied security measure, a person directing the proceedings is entitled to select and apply another more restricting security measure.

(3)

A decision regarding the modification or revocation of a security measure shall be immediately notified to the institution or official who ensures the execution thereof, and to the person to whom such security measure has been applied.

(4)

If a previously applied security measure is revoked as a result of the examination of a complaint, a more restricting security measure shall be applied only if new circumstances exist.

Chapter 14 Detention Orders not Related to Deprivation of Liberty

Section 250. Conveyance by Force

(1)

If a suspect, accused, witness, or victim does not arrive without a justifying reason at a procedural action on the basis of a summons of a person directing the proceedings, conveyance by force may be applied to such person in order to ensure the participation thereof in the procedural action.

(2)

Conveyance by force may also be applied to a suspect or accused without a previous summons, if his or her place of residence is unknown or if he or she is hiding from an investigation and court.

(3)

Conveyance by force may be applied to pregnant women or acutely ill persons, if the fact of such pregnancy or acute illness has been certified by a physician, only if the performance of a procedural action is not possible at the location of the person, and only with a decision of an investigating judge or court.

Section 251. Procedures for Conveyance by Force

(1)

Conveyance by force is applied with a decision of a person directing the proceedings that indicates who shall be conveyed, the official to whom such person shall be conveyed, and when and for what purpose such person shall be conveyed, as well as the police institution to which the conveyance by force has been assigned.

(2)

Having found the person to whom conveyance by force must be applied, a police employee shall familiarise such person, in return for a signature, with a decision, deliver the relevant person to the official referred to in the decision, and record in the decision the time when such delivery was performed.

(3)

If conveyance by force may not be applied, or if the person to be conveyed has not been found, a police employee shall record such fact in a decision, which shall be given to a person directing the proceedings.

Section 252. Report of the Address for the Receipt of Consignment

(1)

Report of the address for the receipt of consignments is the written report of a suspect or accused regarding the postal or electronic address to which a suspect or accused undertakes to receive consignments within a term of 24 hours sent by officials performing criminal proceedings and to which he or she undertakes to arrive on the basis of a summons of a performer or proceedings, or perform other referred to criminal-procedural duties.

(2)

If a consignment has been appropriately sent to a notified address, it shall be recognised that the addressee has received such consignment after the termination of the term referred to in Paragraph one of this Section.

Section 253. Prohibition for Approaching a Specific Person or Location

(1)

Prohibition from approaching a specific person is a restriction upon a suspect or accused, provided for with a decision of a person directing the proceedings, from being located closer than the distance referred to in a decision from the relevant person, from having physical or visual contact with such person, and using means of communication, or techniques for transferring information, in order to make contact with such person.

(2)

A prohibition from approaching a specific location is a restriction, provided for with a decision of a person directing the proceedings, upon a suspect or accused from visiting the relevant location, or being located closer than the distance referred to in the decision.

(3)

Approaching a specific person or location shall not be recognised as a violation of the prohibition referred to in Paragraph one and two of this Section, if such approaching takes place within the framework of criminal proceedings, fulfilling the instructions of a person directing the proceedings.

Section 254. Prohibition on Specific Employment

(1)

A prohibition on specific employment is a restriction upon a suspect or accused, specified with a decision of a person directing the proceedings, from performing a specific type of employment (activities) for a time, or from execution of the duties of a concrete position (job).

(2)

A decision regarding a prohibition on specific employment shall be sent for execution to the employer of a person, or to another relevant authority.

(3)

The decision referred to in Paragraph one of this Section is mandatory for any official, and shall be fulfilled within a term of three working days after the day of the receipt thereof. An official shall notify a person directing the proceedings regarding the commencement of the execution of a decision.

Section 255. Prohibition on Departure from the State

A prohibition on departure from the State is a restriction, specified by a decision of a person directing the proceedings, upon a suspect or accused from departing from the territory of Latvia without the permission of the person directing the proceedings.

Section 256. Residence in a Specific Place of Residence

Residence in a specific place of residence is the written obligation of a suspect or accused to not leave a concrete indicated place of residence or temporary residence for longer than 24 hours without the permission of a person directing the proceedings, as well as to arrive without delay on the basis of a summons of the person directing the proceedings, or to fulfil other criminal-procedural duties.

Section 257. Security Deposit

(1)

A security deposit is a monetary sum, specified with a decision of a person directing the proceedings, that has been transferred to the depository (storage) of a credit institution specified by a person directing the proceedings in order to ensure the arrival of a suspect or accused on the basis of a summons of a person directing the proceedings, and the execution of other procedural duties specified in the Law.

(2)

A person directing the proceedings shall determine the amount of a security deposit, observing the nature of a criminal offence and the harm caused by such offence, the financial status of a person, as well as the type and measure of a penalty specified in the Law.

(3)

A security deposit may be paid by the person to whom such security measure has been applied, as well as by any other natural person or legal person. If a security deposit is paid by another person, a person directing the proceedings shall inform such person regarding the essence of the concrete criminal proceedings in connection with which such security measure has been applied, and shall explain the consequences that will come about if such security measure is not complied with.

(4)

The provider of the payment of a security deposit shall submit to a person directing the proceedings a document that shall be attached to a criminal case.

(5)

If a suspect or accused does not fulfil procedural duties or commits a new intentional criminal offence, a security deposit shall be paid to the State budget with a decision of a person directing the proceedings, but in other cases of the modification or revocation of a security measure, such security deposit shall be returned to the provider thereof.

Section 258. Personal Bail

(1)

A personal bail is a written obligation with which a natural person guarantees that a suspect or accused will arrive on the basis of a summons of a person directing the proceedings, and will fulfil other procedural duties.

(2) There shall be not less than two personal warrantors.

(3)

In accepting a bail, a person directing the proceedings shall inform the warrantors regarding the essence of the concrete criminal proceedings in connection with which a security measure has been applied, and shall explain the consequences that will come about if the provisions of such security measure are not complied with.

(4)

If the provisions of a security measure are violated, a pecuniary penalty shall be imposed on a warrantor, with a decision of an investigating judge or a court decision, in the amount of 10 to 30 of the minimal monthly wage specified in the Republic of Latvia.

Section 259. Placement of a Soldier under the Supervision of a Unit Commander (Supervisor)

(1)

The placement of a soldier under the supervision of a unit commander (supervisor) is a written obligation of the unit commander (supervisor), in accordance with a decision of a person directing the proceedings, regarding the application of a security measure to ensure that a suspected or accused soldier will arrive on the basis of a summons of a person directing the proceedings, and fulfil other procedural duties.

(2)

The placement of a soldier under the supervision of a unit commander (supervisor) shall be applied only with the consent of the unit commander (supervisor), and he or she may withdraw from the supervision of the soldier at any time.

(3)

In receiving a written obligation from a unit commander (supervisor) regarding the taking of a soldier under supervision, a person directing the proceedings shall inform him or her regarding the essence of the concrete criminal proceedings in connection with which such security measure has been applied, as well as his or her liability.

(4)

If a suspect or accused does not fulfil his or her obligations, the unit commander (supervisor) under the supervision of whom he or she is located, an investigating judge, or the court may impose a pecuniary penalty up to the amount of 10 of the minimal monthly wage specified in the Republic of Latvia.

Section 260. Placement of a Minor under the Supervision of Parents or Guardians

(1)

The placement of a minor under the supervision of parents or guardians is a written obligation of one person or several of such persons, in accordance with a decision of a person directing the proceedings, regarding the application of a security measure to ensure that the suspected or accused minor will arrive on the basis of a summons of a person directing the proceedings, and fulfil other procedural duties.

(2)

Placement under the supervision of parents or guardians shall be applied only with the consent of such persons and the minor him or herself.

(3)

In placing a minor under the supervision of parents or guardians, a person directing the proceedings shall inform such persons regarding the essence of the concrete criminal proceedings in connection with which a security measure has been applied, and shall explain the consequences that will come about if the provisions of such security measure are not complied with.

(4)

Parents or guardians may withdraw from the supervision of a minor at any time, if such persons are not able to ensure the proper behaviour of the minor..

(5)

If a suspect or accused, who is a minor does not fulfil his or her procedural duties, an investigating judge or a court may impose a pecuniary penalty of up to the amount of 10 of the minimal monthly wage specified in the Republic of Latvia upon the persons under whose supervision the minor is located.

Section 261. Placement under Police Supervision

(1)

Placement under police supervision is the relocation and the restriction of the discretionary power of a suspect or accused with the provision that the relevant person

shall not change his or her permanent or temporary place of residence without the permission of a person directing the proceedings, visit the locations or institutions referred to in the decision, meet with the persons referred to in the decision, that such person shall be located in his or her place of residence during specific hours of the day, and that he or she shall declare him or herself not more than 3 times per week at the police institution according to the place of residence thereof. Restrictions shall be determined taking into account the work or study conditions of a suspect or accused.

(2)

A decision regarding the application of a security measure shall be sent for execution to the police institution in the territory of which the person resides.

(3)

A police institution shall immediately register a person to be supervised and inform a person directing the proceedings regarding the taking of such person under supervision.

(4)

In order to examine the compliance of a person with a restriction on freedom of movement and discretionary power, a police employee has the right to enter the permanent or temporary place of residence (apartment, house) thereof.

Section 262. Appeal of a Decision regarding the Application of a Detention Order

(1)

During pre-trial proceedings, a decision taken by a person directing the proceedings regarding the following may be appealed: 1) prohibition from approaching a specific person or location; 2) prohibition on a specific employment; 3) prohibition on departure from the State; 4) amount of a security deposit;

5) placement under police supervision, but only in relation to restrictions on movement and action indicated in the decision.

(2)

If a person to whom a security measure has been applied may justify that the provisions of such security measure cannot be fulfilled by such person, the person, as well as the defence counsel or representative thereof, is entitled to submit a complaint regarding the decision to an investigating judge within a term of seven days after the receipt of a copy of the decision regarding the application of the security measure.

(3)

An investigating judge shall examine a complaint by way of written procedure within a term of three working days. If necessary, the judge shall request court materials, and explanations of a person directing the proceedings or the submitter of the complaint.

(4)

An investigating judge may, with a decision thereof, reject a complaint or assign a person directing the proceedings to modify an applied security measure or the provisions thereof within a term of three working days.

(5)

A copy of a decision taken by an investigating judge shall be sent to a person directing the proceedings, the person to whom the relevant security measure has been applied, and the submitter of the complaint. The decision shall not be appealed.

Chapter 15 Compulsory Measures Related to the Deprivation of Liberty

Section 263. Arrest

Arrest is the deprivation of the liberty of a person, for a term of up to 48 hours, without a decision of an investigating judge, if there exist provision for an arrest.

Section 264. Provisions of an Arrest

(1) A person may be arrested only if there are grounds for the allegation regarding the committing of a criminal offence regarding which a penalty related to the deprivation of liberty may be applied, and if there exists one of the following provisions:

1) the person was surprised precisely at the moment of the committing of a criminal offence, immediately afterwards, or also in escaping from the location where the criminal offence was committed;

2) a person shall be indicated as the committer of a criminal offence by a victim or another person who saw the event or directly acquired such information in another way; 3) clear traces of the committing of the criminal offence have been found on the person him or herself, in the premises in the usage thereof, or in other objects; 4) traces left by such person have been found at the location where the criminal offence was committed; 5) [17 May 2007]

(2)

If there exist provisions for an arrest, but a penalty related to the deprivation of liberty may not be applied regarding a committed criminal offence, a person may be arrested if there are reliable grounds for believing that the arrival thereof on the basis of a summons of a person directing the proceedings will not be able to be ensured because:

1) the person refuses to provide information regarding his or her identity, and the identity thereof has not been ascertained; 2) the person does not have a specific place of residence and place of employment; 3) the person does not have a permanent place of residence in Latvia, and such person may attempt to depart from the State.

(3)

If there are grounds for believing that a serious or particularly serious crime has been committed, a person who is a vagrant in and hides in the site of the committing of the offence or in the vicinity thereof, and who does not have a specific place of residence and place of employment, may also be arrested, if there are grounds to the allegation regarding the connection thereof with the committed offence.

(4)

Taking into account the conditions of this Section, during one criminal proceedings, a person shall be arrested only one time.

[17 May 2007]

Section 265. Arrest Procedures

(1)

In arresting a person on the basis of the initiative of an employee of the State police, an employee of an investigative institution, or a public prosecutor, or under the assignment of a person directing the proceedings, such employee or public prosecutor shall immediately inform such person regarding for what such person is being arrested, and shall notify such person that he or she has the right to remain silent, and that everything that such person says may be used against him or her.

(2)

If there are grounds for believing that a person to be arrested has a weapon, or that he or she may destroy, throw away, or hide a piece of evidence located with such person, the official who performs the arrest may perform a search of the person to be arrested in compliance with the provisions of Paragraph two of Section 183 of this Law, indicating such search in the arrest protocol of the person.

(3)

If there is a clear connection between a person and a committed criminal offence regarding which a penalty related to the deprivation of liberty may be applied, and such person is located at the location where the criminal offence was committed or flees from such site, or if a search for the person regarding the committing of such criminal offence has been announced, such person may be arrested by anyone and shall immediately be handed over to the nearest police employee.

(4)

In arresting an official of the Ministry of the Interior system institution, the person directing the proceedings shall without delay inform the relevant head of the Ministry of the Interior system institution.

[17 May 2007]

Section 266. Procedural Drawing-Up of an Arrest

(1) The official who has performed the arrest of a person shall immediately write an arrest protocol at the site of the arrest of the person or after the transfer of the arrested person to arrest premises. A protocol shall indicate:

1) who has performed an arrest, when, and where; 2) the criminal offence regarding which the arrest has taken place; 3) who has been arrested and why; 4) the condition of the arrested person, his or her external appearance, and his or her

complaints regarding health; 5) his or her clothing; 6) whether or not a search of the person has been conducted, and what was found; 7) what documents, objects, money, and other valuables the detained person has; 8) the explanation provided by the arrested person.

(2)

An arrested person shall be familiarised with a protocol, the rights of an arrested person shall be explained to him or her, and he or she shall sign regarding such explanation in the protocol.

(3)

An investigative institution shall immediately hand over an arrest protocol to a person directing the proceedings, and a copy of the arrest protocol shall be sent to a public prosecutor within a term of 24 hours.

(4)

Notations regarding subsequent activities – the release of the arrested person or the application of a security measure – shall be made in an arrest protocol.

[28 September 2005]

Section 267. Execution of an Arrest

(1) The restrictions on rights referred to in Paragraph two of Section 271 of this Law shall be applied to an arrested person, and a decision of an investigating judge or court shall not be necessary for such application.

(2) A special law shall determine the procedures for the holding of an arrested person.

Section 268. Term of an Arrest

(1)

A person directing the proceedings shall without delay, but not later than within a term of 48 hours, decide regarding the recognition of the arrested person as a suspect or an accused and regarding the application of a security measure.

(2)

After the recognition of the arrested person as a suspect or an accused and interrogation, if it is necessary, the person directing the proceedings shall without delay decide regarding the release of such person from a temporary place of detention if a security measure has been applied, which is not related to the deprivation of liberty.

(3)

If the arrested person has been recognised as a suspect or an accused in case of necessity interrogated, but the security measure selected by the person directing the proceedings is related to the deprivation of liberty of the person, the person may be located in a temporary place of detention up to the conveyance of the person to an investigating judge, taking into account the specified restriction of 48 hours from the moment of the actual arrest.

[17 May 2007]

Section 269. Release of an Arrested Person

(1) An arrested person shall be immediately released, if: 1) suspicions have not been confirmed that such person has committed a criminal

offence;

2) it has been ascertained that a basis and conditions for the arrest did not exist;

3) the application of a security measure related to deprivation of liberty to the arrested

person is not necessary;

4) the term of arrest specified by law has expired;

5) an investigating judge has not applied a security measure related to deprivation of

liberty;

(2) In releasing an arrested person, a copy of the arrest protocol that indicates the basis and date of release shall be issued to such arrested person.

Section 270. Arrest of Suspected Persons, Accused or Persons against whom the Proceedings for the Determination of Compulsory Measures of a Medical Nature are taking place

(1)

A suspected person or accused may be arrested in order to deliver him or her to the person directing the proceedings if a search for him or her has been proclaimed in relation to the commitment of such a criminal offence in respect of which a punishment related to the deprivation of liberty is provided for, and such person has not had applied a security measure related to the deprivation of liberty.

(2)

In order to ensure that a suspected person, accused or person against who the proceedings for the determination of compulsory measures of a medical nature are taking place is delivered to an investigating judge, an the investigator or public prosecutor may arrest such persons if:

1) a proposal regarding the application of such a security measure that is related to the deprivation of liberty has been prepared;

2) a decision has been taken regarding the determination of an expert-examination and a proposal regarding the placement of the person in a medical treatment institution for the making of an expert-examination has been prepared; or

3) a proposal has been prepared to place in a psychiatric hospital the person against who the proceedings for the determination of compulsory measures of a medical nature are taking place.

(3)

In the cases referred to in Paragraph one of this Section, the fact of the arrest of a suspected person or accused shall be notified without delay to the institution of the person directing the proceedings and it shall, not later than within a period of 12 hours, ensure the delivery of the arrested person to the person directing the proceedings. If the person directing the proceedings prepares a proposal regarding the application of such a security measure which is related to the deprivation of liberty, the person shall be delivered to an investigating judge without delay, but not later than within a period of 24 hours from the moment of the actual arrest.

(4)

In the cases referred to in Paragraph two of this Section, the arrested person shall be delivered to an investigating judge without delay, but not later than within a period of 12 hours. For the person who is arrested according to the procedures specified in Paragraph two of this section, during the arrest investigative actions may not be performed, except for interrogation regarding the circumstances, which are important in order to decide the issue of the application or modification of compulsory measures.

(5)

Arrests, which are performed in the cases specified in this Section, shall be completed in conformity with the requirements of Section 266 of this Law. If the arrest is performed in the case provided for in Paragraph one of this Section, the arrest protocol shall indicate also the fact who has proclaimed the search for the person. If the arrest is performed in the case provided for in Paragraph two, Clause 1 of this Section, and the arrested person has previously been arrested according to the procedures of Section 264 of this Law, another arrest protocol need not be written, but in the protocol which has been drawn up regarding arrest according to the procedures of Section 264 of this Law, an annotation shall be included regarding the fact from which moment the person is considered to be arrested according to the procedures of this Section.

[17 May 2007]

Section 271. Detention

(1)

Detention is the deprivation of the liberty of a person that may be applied, in the cases provided for by law, to a suspect or an accused with a decision of an investigating judge, or a court adjudication, before the entering into effect of a final adjudication in concrete criminal proceedings, if there are grounds for detention.

(2)

The application of detention shall be the basis for a restriction on the rights of a person, and shall allow for the following: 1) the holding of the person in an investigation prison or in specially equipped police premises; 2) the moving of the person under the supervision of a guard in the term and location necessary for the progress of proceedings; 3) a restriction on the meetings and contacts of the detained person, except for meetings with a defence counsel; 4) a control on the correspondence and conversations of the detained person;

5) the determination of the internal procedures and regime in the holding location; 6) a restriction on the scope of property located in individual usage.

(3)

An investigating judge shall determine the amount of restrictions individually for each detained person, within the boundaries specified by law, assessing the proposals of an investigator or public prosecutor, hearing the views of the detained person, as well as taking into account the nature of the criminal offence, and the reason for detention.

(4) A special law shall determine the procedures for holding in detention.

Section 272. Grounds for Detention

(1)

Detention may be applied only if concrete information, acquired in criminal proceedings, regarding facts causes justified suspicions that a person has committed a criminal offence regarding which the law provides for a penalty of deprivation of liberty, and the application of another security measure may not ensure that the person will not commit another criminal offence, will not hinder an investigation, or will not avoid the investigation, court, or the execution of a judgment.

(2)

Detention may also be applied to a person being held on suspicion of, or accused of, the committing of an especially serious crime, if:

1) the crime was directed against a minor, a person who was or is materially dependent, or dependent in another manner, on the suspect or accused, or a person who was not able to protect his or her interests due to age, illness, or other reasons;

2) the person is a member of an organised criminal group; 3) one of the conditions referred to in Section 264, Paragraph two, Clauses 1 or 2 of this Law has been determined; 4) the person does not have a permanent place of residence in Latvia.

Section 273. Grounds for the Application of Detention to Minors, Pregnant Women, and Women in the Post-natal Period

(1)

The provision referred to in Section 272 of this Law shall apply, with the exceptions specified in such Section, to minors, pregnant women, and women in the postnatal period up to one year, and, if a women is breastfeeding a child, during the entire term of feeding.

(2)

If a person referred to in Paragraph one of this Section is held suspect or accused of committing a crime through negligence or of committing a criminal violation, detention shall not be applied.

(3)

If a person referred to in Paragraph one of this Section is held suspect or accused of the committing of a intentional less serious crime, detention shall be applied only if the relevant person has violated the provision of another security measure or committed a crime as suspect or an accused in the committing of an especially serious crime.

Section 274. Procedures for the Application of Detention in Pre-trial Proceedings

(1)

An investigating judge shall decide regarding the application of detention in pretrial proceedings by examining a proposal of a person directing the proceedings, hearing the views of the relevant person, as well as examining case materials and assessing the reasons and grounds for detention.

(2)

A person directing the proceedings, the person whose detention is being decided, and the defence counsel and representative thereof shall participate in the examination of a proposal of the person directing the proceedings. The proposal of the person directing the proceedings may be examined without the presence of those persons regarding whose detention is being decided if in accordance with a physician’s conclusion the participation thereof is not permissible and if in the relevant procedural activity participates the person’s defence counsel.

(3)

If a person directing the proceedings may prove that a person avoids and hides from an investigation, a matter may be decided in the absence of such person. The participation of a defence counsel summoned to provide legal assistance is mandatory.

(4)

An investigating judge shall take one of the following decisions in a closed court session, the course of which shall be recorded in minutes: 1) a refusal to apply detention; 2) a refusal to apply detention, but a decision to apply house arrest; 3) a refusal to apply detention, but a decision to apply placement in a social correctional educational institution;

4) a decision to apply detention; 5) a decision to apply detention and to determine the search for a person.

(5)

An investigating judge shall justify detention, or the application of another security measure, in a decision with concrete considerations based on case materials.

(6)

If an investigating judge does not agree to a proposal of a person directing the proceedings and refuses the application of detention, his or her decision shall also indicate the motives for the refusal.

(7)

After the announcement of a decision of an investigating judge, a copy of the motivated decision shall be issued to the persons present in court within a term of 24 hours.

[19 January 2006]

Section 275. Substitution of Detention with a Security Deposit

(1)

If an investigating judge determines that the grounds indicated in Section 272 of this Law exist for the application of detention, yet there also exist conditions that testify regarding the possibility to apply a security deposit, and if a person who performs defence so requests, the investigating judge may determine a term for detention for one month, simultaneously determining that detention may be revoked if the person pays the security deposit specified by the judge within such term,

(2)

If a security deposit is paid within a term of one month, and if a document certifying payment is submitted to an investigating judge, the judge shall take a decision regarding a change of security measure. On the basis of such decision, a person shall be immediately released from detention.

(3)

If a security deposit is not paid, the matter regarding an extension of the term of detention shall be decided in accordance with the procedures specified in Section 274 of this Law.

Section 276. Application of Detention after the Commencement of a Trial

After the commencement of a trial, the court that examines the case shall apply detention on the basis of the initiative thereof or on the basis of a proposal of a public prosecutor, complying with the provisions of Sections 272-275 of this Law.

[19 January 2006]

Section 277. Terms of Detention

(1)

A person may be held in detention only so long as is necessary for the ensuring of the normal progress of proceedings, but not longer than is allowed for by this Law for the criminal offence indicated in a decision regarding the recognition of such person as a suspect or the holding of such person criminally liable.

(2)

The total term of detention shall include the term that a person has spent in arrest, pre-detention arrest, detention, or in another location of the execution of a compulsory measure related to deprivation of liberty, but shall not include the term that a person has spent in detention in another state in connection with the transfer of criminal proceedings or the extradition of such person.

(3)

The term of a detention of pre-trial proceedings shall include the term referred to in Paragraph two of this Section up to the transfer of the case to the court chancellery, but the term of a detention during a trial shall be included up to the completion of the adjudication of the case in a court of first instance.

(4)

The term of detention of a person held in suspicion of, or accused of, the committing of a criminal violation shall not exceed three months, of which the person shall be permitted to be held in detention in pre-trial proceedings not longer than two months.

(5)

The term of detention of a person held on suspicion of, or accused of, the committing of a less serious crime shall not exceed nine months, of which the person shall be permitted to be held in detention in pre-trial proceedings not longer than four months.

(6)

The term of detention of a person held on suspicion of, or accused of, the committing of a serious crime shall not exceed 12 months, of which the person shall be permitted to be held in detention in pre-trial proceedings not longer than six months. Both an investigating judge in pre-trial proceedings and a higher-level court judge during a trial may extend a term by three more months, if a person directing the proceedings has not allowed for unjustified delay, or if the person who performs defence has intentionally delayed the progress of proceedings, or if the faster completion of proceedings has not been possible due to the particular complexity thereof.

(7)

The term of detention of a person held on suspicion of, or accused of, the committing of an especially serious crime shall not exceed 24 months, of which the person shall be permitted to be held in detention in pre-trial proceedings not longer than 15 months. Both an investigating judge in pre-trial proceedings and a higher-level court judge during a trial may extend a term by three more months, if a person directing the proceedings has not allowed for unjustified delay, or if the person who performs defence has intentionally delayed the progress of proceedings, or if the faster completion of proceedings has not been possible due to the particular complexity thereof. A higher-level court judge may extend such term by three more months, if the person directing the proceedings has not allowed for unjustified delay, and public safety may not be guaranteed with the application of another security measure.

(8)

The issue regarding the extension of the term of detention shall be examined by a court judge in a closed court sitting, providing an opportunity for the person regarding whose detention is being decided, his or her defence counsel and representative, as well the public prosecutor to express their views. The decision cannot be appealed.

(9)

If a person to whom a security measure related to deprivation of liberty commits a new criminal offence during criminal proceedings, regarding which the law provides for a penalty of deprivation of liberty, detention may be applied to such person as a security measure. In such cases, the term of detention shall be determined as for a new criminal offence.

(10)

A detained person shall be immediately released if the term of detention exceeds the maximum term specified in the Criminal Law for a penalty of deprivation of liberty that a court may impose regarding the criminal offence regarding the committing of which such person has been accused, but after the conviction judgment – if the penalty imposed by the court has ended.

[28 September 2005; 19 January 2006]

Section 278. Terms of Detention for Minors

(1)

The term of detention for minors shall not exceed half of the maximum term possible for persons of legal age that is provided for in Section 277 of this Law.

(2)

The term of detention for a minor who is held on suspicion of, or accused of, the committing of a serious crime shall not be extended.

(3)

The term of detention for a minor who is held on suspicion of, or accused of, the committing of an especially serious crime shall only be extended by a higher-level court judge by three months, if the relevant crime has resulted in a death, or such crime was committed using firearms or explosives.

[19 January 2006]

Section 279. Terms of Detention for Suspects

(1)

A suspect shall be held in detention until being held criminally liable for not longer than half of the term of detention allowed for in pre-trial proceedings.

(2)

A supervising prosecutor may permit an investigative institution to exceed the term referred to in Paragraph one of this Section, yet by not longer than half of the remaining term of detention in pre-trial proceedings specified in Section 277 of this Law.

Section 280. Repeated Proposal regarding the Application of Detention

(1) If an investigating judge has not applied detention, a person directing the proceedings may repeatedly propose such matter if: 1) a new prosecution regarding the committing of a more serious criminal offence has been brought against, and issued to, a person; 2) a person has violated the provision of an applied security measure; 3) evidence has been acquired regarding attempts to illegally influence a person testifying; 4) a person has destroyed or has attempted to destroy traces of a criminal offence;

5) materials obtained in an investigation cause justified suspicions that a person has committed an intentional criminal offence, or intends to evade a pre-trial investigation or court.

Section 281. Control over the Application of Detention

(1) [19 January 2006]

(2)

A detained person, and the representative or defence counsel thereof, may at any time submit an application to an investigating judge or court regarding an assessment of the necessity of a subsequent application of detention. The application shall be examined, and a decision taken, in accordance with the procedures specified in Section 274 of this Law.

(3)

An application regarding an assessment of the necessity of a subsequent application of detention may be refused without an examination thereof in oral proceedings, if less than four weeks have passed since the last assessment of the necessity of the application of detention, and the proposal is not justified with information regarding facts that were not known to an investigating judge or court in deciding

regarding the application of detention or during the previous examination of the application.

(4)

If a detained person, or the representative or defence counsel thereof, has not submitted, within a term of two months after the application of detention, an application regarding an assessment of the necessity of a subsequent application of detention, then such assessment shall be performed by an investigating judge or court.

(5)

The decisions provided for in this Section may be appealed in accordance with the procedures specified in Section 286 of this Law.

[19 January 2006]

Section 282. House Arrest

(1)

House arrest is the deprivation of liberty of a person that may be applied with a decision of an investigating judge, or a court decision, to a suspect or accused before the entering into effect of a final adjudication in concrete criminal proceedings, if there are grounds for the application of detention, yet the holding of the person in detention is not desirable or not possible due to special circumstances.

(2)

A person may be held under house arrest in the permanent place of residence thereof, if the persons of legal age living together with the relevant person agree to such house arrest in the permanent place of residence.

(3)

House arrest shall be applied, complaints regarding the application thereof shall be examined, and control over the application thereof shall be performed in accordance with the same procedures as regarding detention.

(4)

The restrictions provided for in Section 271, Paragraph two of this Law may be applied to a person held under house arrest.

(5)

If necessary, a person held under house arrest may be protected, control over the restriction specified for such person may be assigned to the police, and the correspondence and means of communications of person living together with such person may be subjected to control.

(6)

Terms of detention shall be applied to house arrest, and the time spent under house arrest shall be recognised as time spent in detention, counting one day of house arrest as one day of detention.

Section 283. Placement in a Medical Institution for the Performance of an Expert-examination

(1)

A suspect, accused, or the person in relation to whom proceedings have been initiated for the determination of compulsory measures of a medical nature may be forcibly placed in a medical institution for the performance of an expert-examination, if the research necessary in a forensic or court psychiatric expert-examination for the solving of matters significant to the case can be performed only under medical in-patient conditions.

(2)

A person may be placed in a medical institution for the performance of an expert-examination, based on a decision of an investigating judge or court decision, only if a

decision has also been taken regarding a determination of the relevant expert-examination.

(3)

Placement in a medical institution for the performance of an expert-examination shall be applied, complaints regarding the application thereof shall be examined, and control over the application thereof shall be performed in accordance with the same procedures as regarding detention. The participation of a person in the deciding of a matter related to a procedural compulsory measure shall not be compulsory, if, in accordance with a decision of a physician (expert), such participation is not allowed, or not recommended, due to the health condition of the person, and if the representative of the person participates in the relevant procedural action.

(4)

The restrictions provided for in Section 271, Paragraph two of this Law may be applied to a person placed in a medical institution.

Section 284. Term Spent in a Medical Institution for the Performance of an Expert-examination

(1)

A person placed forcibly may be located in a medical institution for the term necessary for the performance of an expert-examination, yet not longer than the maximum term of detention in pre-trial proceedings specified for the relevant criminal offence category.

(2)

The term spent in a medical institution for the performance of a compulsory expert-examination shall also be included in the term of detention if detention has not been selected as a security measure for a person.

Section 285. Placement of a Minor in a Social Correctional Educational Institution

(1)

The placement of a minor in a social correctional educational institution is the deprivation of liberty of a person that may be applied with a decision of an investigating judge, or a court decision, before the entering into effect of a final adjudication in concrete criminal proceedings, if the holding in detention of a suspect, or an accused, who is a minor is not necessary, yet there is insufficient conviction that the minor will fulfil his or her procedural duties, and will not commit new criminal offences, while at liberty.

(2)

Placement in a social correctional educational institution shall take place in accordance with the same procedures, with the same conditions, up until the same terms, and with the same procedures for appeal and control as in the case of detention. The term spent in the social correctional educational institution shall be included as time spent in detention, counting one day spent in the institution as one day spent in detention.

Section 286. Appeal of an Application of a Compulsory Measure Related to Deprivation of Liberty

(1)

In pre-trial proceedings, a person to whom a compulsory measure, excluding detention, related to deprivation of liberty has been applied, the representative or defence counsel thereof, and a public prosecutor may submit a complaint regarding a decision of

an investigating judge within a term of seven days after the receipt of a copy of a decision taken regarding the application of such compulsory measure or a refusal to apply such compulsory measure. The judge shall send his or her decision to a regional court together with the submitted complaint not later than the next working day.

(2)

If an investigator submits a proposal regarding the application of a compulsory measure, but an investigating judge has refused the application thereof, the investigator may submit a complaint regarding a decision of the investigating judge only with the consent of the supervising public prosecutor.

(3)

If a compulsory measure related to deprivation of liberty is applied to a person after the transfer of a criminal case to a court, and the next court session is not provided for during the next 14 days, such person, or the representative or defence counsel thereof, may submit a complaint within three working days to a court one level higher.

(4)

If a compulsory measure related to deprivation of liberty is applied to a person in the absence thereof, such person has the right to appeal the relevant decision within a term of seven days from the moment when such person learned of the application of the compulsory measure.

Section 287. Procedure for Examination of Complaints

(1)

A judge of a higher-level court shall examine a complaint regarding the application of a compulsory measure related to deprivation of liberty, or regarding a refusal to apply such compulsory measure, in a closed court session within a term of seven days from the day of the receipt of the relevant decision and complaint.

(2)

In examining a complaint, the person to whom a compulsory measure has been applied, or the representative or defence counsel thereof, shall be listened to, and, if necessary, case materials shall also be requested. If a court has not decided regarding the compulsory measure, the person directing the proceedings shall also be listened to.

(3) A judge shall take one of the following decisions: 1) to reject a complaint and leave an appealed decision in effect; 2) to satisfy a complaint, revoke an appealed decision, and, accordingly, apply a

necessary compulsory measure or refuse the application thereof.

(4) A judge shall substantiate the taking of a decision in his or her decision, indicating the reasons and grounds specified in this Law or the non-existence thereof. A copy of a decision shall be sent within a term of 24 hours to an investigating judge, person directing the proceedings, the person to whom the security measure being decided has been applied, and the person who submitted the complaint.

(5) A decision shall not be appealed.

Chapter 16 Procedural Sanctions

Section 288. Concept of Procedural Sanctions

Procedural sanctions are compulsory measures that a person directing the proceedings or an investigating judge may apply to a person who does not fulfil the procedural duties provided for by law, interferes with the performance of a procedural action, or does not show respect to the court.

Section 289. Grounds for the Application of Procedural Sanctions

(1)

A procedural sanction regarding the following may be applied to a person involved in criminal proceedings or another person: 1) the non-execution of a procedural duty provided for by law and specified by a person directing the proceedings; 2) disturbing the progress of a procedural action; 3) repeated failure to arrive, without a justifying reason, on the basis of a summons of a person directing the proceedings; 4) failure to notify regarding inability to arrive on the basis of a summons of a person directing the proceedings, if such ability existed;

5) delay of a person involved in criminal proceedings in fulfilling his or her procedural duty.

(2)

The application of procedural sanctions shall not discharge a person from the execution of a procedural duty, as well as shall not exclude the possibility of applying the procedural compulsory measure provided for by law.

(3)

If the content of an administrative violation or a criminal offence is at the disposal of a person referred to in Paragraph one of this Section, such person may be held administratively liable or criminally liable.

Section 290. Types of Procedural Sanctions

(1)

The following procedural sanctions may be applied to a person who has violated the procedures specified by law: 1) a warning;

2) a pecuniary penalty; and 3) expulsion from the court room;

(2)

Only a warning may be applied to an advocate and public prosecutor, but, in other cases, the Council of Sworn Advocates or the Prosecutor General, accordingly, shall be notified regarding a violation thereof.

Section 291. Warning

(1) A person directing the proceedings may issue a warning to a person who interferes with the procedures specified in criminal proceedings, or who treats the execution of his or her procedural duty carelessly.

(2) A warning may be issued orally or in writing.

Section 292. Pecuniary Penalty

A pecuniary penalty up to the amount of one minimal monthly wage specified in the Republic of Latvia may be imposed upon a person who interferes with the procedures specified in criminal proceedings or ignores the requirements of a person directing the proceedings, if this Law does not specify otherwise.

Section 293. Application of a Pecuniary Penalty

(1)

An investigator or public prosecutor who has determined an interference with procedures or a procedural violation shall write a protocol regarding such interference or violation, and shall immediately send such protocol, together with the documents that certify the fact of the violation, to an investigating judge for the taking of a decision regarding the application of a pecuniary penalty.

(2)

An investigating judge shall take a decision on the day of the receipt of a protocol, and shall send a copy of such decision to the person to whom a pecuniary penalty has been applied, as well as to a person directing the proceedings, if a pecuniary penalty has not been applied.

(3)

If a violation is determined during a court session, the chairperson of the court session shall define the essence of the violation, which shall be entered in the minutes of the court session, notify the operative part of a decision regarding the application of a procedural sanction, and explain to the penalised person his or her right to receive a copy of the entire decision in court on the same day, as well as his or her right to appeal such decision within a term of 10 days.

Section 294. Appeal of a Decision regarding a Pecuniary Penalty

(1)

A person may appeal a decision of an investigating judge regarding an application of a pecuniary penalty to the chairperson of the district (city) court within a term of 10 days after the receipt of a copy of the decision, and a court decision may be appealed to the same court that imposed the pecuniary penalty. A complaint may request the general revocation of the decision, the releasing of a person from the payment of the pecuniary penalty, or the reduction of the amount thereof.

(2)

A complain shall be examined within a term of 10 days, previously notifying the person upon whom a pecuniary penalty has been imposed regarding the examination. The failure of such person to attend shall not be an impediment to the examination of the complaint.

(3) An accepted decision shall not be appealed.

Section 295. Fulfilment of a Pecuniary Penalty

(1)

If a person has not appealed an application of a pecuniary penalty, or a submitted complaint has been rejected, such person has a duty to voluntarily pay such money within a term of 10 days after the report of a decision or the rejection of the complaint.

(2)

In the case of a voluntary non-execution of a decision, such decision shall be sent to a sworn bailiff for compulsory execution.

(3)

A pecuniary penalty imposed on an official shall be paid by him or her from his or her personal funds.

Section 296. Expulsion from a Court Room

(1)

The chairperson of a court session may expel from the court room a person who interferes with procedures during the court session and does not fulfil an order of the judge. A note regarding such expulsion shall be made in the minutes of the court session.

(2)

An accused and a victim may be expelled from a court room with a decision of the court, if he or she repeatedly and substantially interferes with procedures. In the case of an expulsion of an accused, a court session may be continued if a court decides that the participation of an accused in the court session is not compulsorily necessary, and, in addition, only so long as there are grounds for believing that the accused may continue to interfere with procedures in the court session.

(3)

A pecuniary penalty may be applied to any person, except for an accused, advocate, or public prosecutor, simultaneously with expulsion from a court room.

Section 297. Consequences of Expulsion from a Court Room

(1)

If an accused, or victim, who has been expelled from a court room is allowed to continue participating in a court session, the chairperson of the court session shall familiarise such person with the procedural actions that have been fulfilled during the term of the expulsion thereof.

(2)

If an accused who does not have a defence counsel is expelled from a court room, he or she shall be ensured with the opportunity to participate in arguments between the parties. In all cases, he or she shall be given the opportunity to say the last word.

Section 298. Appeal of an Expulsion from a Court Room [19 January 2006]

Division Four Special Procedural Protection

Chapter 17 Special Procedural Protection

Section 299. Content of Special Procedural Protection

Special procedural action is the protection of the life, health, and other lawful interests of a victim, witness, and other persons who testify or have testified in criminal proceedings regarding serious or especially serious crimes, as well as of a minor who testifies regarding the crimes provided for in Sections 161, 162, and 174 of the Criminal Law, and of a person the threat to whom may influence the referred to persons (hereinafter in this Chapter – threatened person).

Section 300. Reason and Grounds for Special Procedural Protection

(1)

The basis for special procedural protection shall be a real threat to the life, health or property of a person, expressed real threats, or information that provides a person

directing the proceedings with a sufficient basis for believing that a threat may be real in connection with the testimony provided by such person.

(2)

A written submission of a threatened person, or the representative or defence counsel thereof, and a proposal of a person directing the proceedings shall be the basis for the determination of special procedural protection.

Section 301. Procedures for the Examination of a Submission regarding the Determination of Special Procedural Protection

(1) A written submission regarding the necessity to determine special procedural protection shall be submitted to a person directing the proceedings.

(2) A person directing the proceedings shall: 1) ascertain whether grounds exist for the special procedural protection of a person; 2) examine the personal identity of a submitter, and other conditions; 3) decide regarding the necessity to determine special procedural protection, or

regarding rejection of a received submission.

(3)

If a person directing the proceedings recognises the determination of special procedural protection as necessary, he or she shall submit the proposal thereof to the Prosecutor General for the taking of a decision regarding the determination of special procedural protection.

(4)

During the adjudication of a case, a threatened person shall submit a submission regarding the determination of special procedural protection to the court, which shall examine such submission itself or assign a public prosecutor to examine such submission.

Section 302. Proposal of a Person directing the proceedings regarding the Determination of Special Procedural Protection

A proposal of a person directing the proceedings regarding the determination of special procedural protection shall indicate:

1) the given name, surname, personal identity number (or, if such number does not exist, the year and date of birth), citizenship, place of residence and employment, education, marital status, dependents, and information regarding the criminal record of the threatened person;

2) the content and date of receipt of the submission;

3) the results of an examination of the submission, and materials that certify the necessity to determine special procedural protection;

4) conclusions regarding the necessity to determine special procedural protection, mentioning the recommendations regarding concrete necessary protection measures.

Section 303. Recognition of a Person as Requiring Special Procedural Protection

(1)

Having become familiarised with a submission, a proposal of a person directing the proceedings, and criminal-case materials, and, if necessary, having listened to a threatened person, and the representative or defence counsel thereof, the Prosecutor

General shall take a decision regarding the determination of special procedural protection, or, with a decision thereof, shall refuse to determine special procedural protection for a person.

(2)

If a person has submitted to a court a submission regarding the necessity to determine special procedural protection for him or her, the court shall take a decision regarding the determination of such protection. The court may also take such decision on the basis of the initiative thereof, if the necessity has come about, during the process of the trial, to put a person under special procedural protection, and the person has agreed to such protection.

(3)

If the hiding of the identity of a person is necessary, a decision of the Prosecutor General shall indicate that the identity data of the person shall be substituted with a pseudonym.

(4)

If a decision provides for the hiding of the identity of a person, a person directing the proceedings shall rewrite all the documents, previously written in the criminal proceedings, wherein the identity of such person has been recorded, changing only the identity data of the person as provided for by the decision. The originals of the documents shall be removed from the criminal case and stored together with the decision regarding the determination of special procedural protection, and only the persons directing the proceedings in such criminal proceedings and the public prosecutor specially authorised by the Prosecutor General may familiarise themselves with such documents.

Section 304. Decision regarding the Determination of Special Procedural Protection or a Refusal to Determine such Protection

(1)

A decision regarding the determination of special procedural protection shall be taken immediately, insofar as possible, but not later than within a term of 10 days.

(2)

A decision shall indicate the institution and official to which the execution of the decision has been assigned, as well as may indicate the protection measures to be applied.

(3)

The decision referred to in Paragraph one of this Section shall not be attached to a criminal case, but a statement regarding the taking of such decision shall be attached to the criminal case.

(4)

In taking a decision regarding a refusal to recognise a person as requiring special procedural protection, the motivation for the refusal shall indicated.

Section 305. Fulfilment of a Decision regarding Special Procedural Protection

(1) After the taking of a decision, a person directing the proceedings shall: 1) familiarise the person to be protected with the taken decision; 2) explain the right to appeal such decision; 3) explain the rights and duties of the person to be protected; 4) inform the person to be protected whose personal identity data have been

substituted with a pseudonym regarding the utilisation of such pseudonym in procedural documents, and regarding the fact that the liability in acting with a pseudonym is the same as in acting with his or her identity data. The person shall sign regarding such informing, and provide a sample signature of his or her pseudonym.

(2)

If only the criminal procedural resources referred to in Sections 308 and 309 of this Law ensure the special procedural protection of a person, a person directing the proceedings shall fulfil a decision in accordance with the procedures specified in this Law.

(3)

If measures referred to in a special law also ensure the special procedural protection of a person, a person directing the proceedings shall send a decision to a special protection institution for execution, and the execution thereof shall take place in accordance with the procedures specified in the special law.

(4)

In transferring a criminal case from one person directing the proceedings to another, the person directing the proceedings in the records of whom the criminal case is located shall familiarise the new person directing the proceedings with a decision and materials regarding the determination of special procedural protection.

(5)

A decision regarding the determination of special procedural protection, the submission of a person, the examination materials thereof, a proposal of a person directing the proceedings, and other materials that apply to the determination and actualisation of special procedural protection shall not be attached to a criminal case, but shall be stored in accordance with the provision for the storage of documents containing State secrets.

Section 306. Rights and Duties of a Defence Counsel and other Persons

Neither a defence counsel, nor other persons who participate in criminal proceedings and who have knowledge, in connection with the execution of the procedural duties thereof, of the determination of special procedural protection have the right to disclose information regarding a person under special procedural protection, and the measures for the protection of such person.

Section 307. Rights and Duties of a Protected Person

A person who has been recognised as requiring special procedural protection has the rights and duties of a protected person specified in a special law.

Section 308. Special Features of the Progress of Procedural actions in Pretrial Proceedings

(1)

A person for whom special procedural protection has been determined shall be summoned to an examination through the intermediation of a special protection institution.

(2)

In recording in documents procedural actions wherein a protected person participates for whom personal identity data has been supplemented with a pseudonym, a person directing the proceedings shall only indicate a pseudonym in place of the identity data of such person. If an indication of the address of the receipt of a consignment is necessary, the address of a special protection institution shall be indicated.

(3)

In performing procedural actions wherein several persons participate and wherein the prevention of the possibility of identifying a person under special procedural protection is necessary, technical means that do not allow for an identification of such person shall be utilised. Persons under protection have the right to not answer questions, if the answers may provide the opportunity to determine the identity thereof.

(4)

With the consent of the Prosecutor General, criminal proceedings against an accused for whom special procedural protection has been determined may be isolated in separate records.

(5)

Only the pseudonym of a person whose personal identity data have been substituted with a pseudonym, and the address of a special protection institution, shall be entered in the list of persons to be summoned to a court session.

Section 309. Special Features of a Trial

(1)

A criminal case wherein a person has been recognised as requiring special procedural protection shall be examined in a closed court session.

(2)

If necessary, a protected person may participate in a court session by using technical means, complying with the procedures specified in Section 140 of this Law, if the person him or herself is located outside of the court room.

(3)

A person whose personal identity data have been substituted with a pseudonym in criminal proceedings has the right to not testify in court, if there are grounds for believing that the safety of such person is threatened. Such person shall not be held criminally liable regarding the refusal to testify in court. In such case, the testimony provided in pretrial proceedings by the person whose personal identity data has been substituted with a pseudonym shall not be read in a court session, and such testimony may not be utilised as evidence in the case.

(4)

If a person whose personal identity data has been substituted with a pseudonym in criminal proceedings provides testimony in court using technical means in order not to allow for the possibility of identifying such person, visual or acoustic disturbances shall be created, ensuring the court with the possibility to see and hear such person without the referred to disturbances. Persons under protection have the right to not answer questions, if the answers may provide the opportunity to determine the identity thereof.

(5)

If necessary, a witness whose personal identity is being hidden may be examined by court in a separate room, ensuring the ability to hear the provided testimony in the court room, as well as the possibility to ask the witness questions and hear the answers.

(6)

If the identity data of a person whose data is being substituted in criminal proceedings with a pseudonym has been disclosed in a court session, the Prosecutor General shall assign, with a decision thereof, a special protection institution to perform the protection measures of such person specified in a special law.

Section 310. Termination of Special Procedural Protection

(1) The special procedural protection of a person shall be terminated with a decision

of the Prosecutor General, or a court decision, at any moment, if: 1) the basis for protection has ceased;

2) the person has refused protection; or

3) the actions of the person have made protection impossible.

(2)

If a protected person refuses protection, such person shall submit a written submission regarding such refusal to a person directing the proceedings, who shall transfer such submission for deciding to the persons referred to in Paragraph one of this Section.

(3)

A decision regarding termination of special procedural protection shall be stored together with other materials that apply to special procedural protection.

Section 311. Non-utilisation of the Testimony of a Protected Person

If the measures to be performed may not guarantee the safety of a protected person, the Prosecutor General, or the court that determined protection, shall take a decision, on the basis of a proposal of a person directing the proceedings, to not utilise the testimony of such person as evidence in the criminal case.

Division Five Procedural Terms and Documents

Chapter 18 Procedural Terms

Section 312. Procedural Term

A procedural term is the term (or moment) specified in accordance with the procedures provided for in this Law during which (or with the commencement of which) persons involved in criminal proceedings have a duty or the right to perform specific operations, or to refrain from the performance of such operations.

Section 313. Commencement of a Procedural Term

(1)

If a procedural term determines the performance of a procedural action before or after another procedural action, or in connection with the entering into effect of an event specified in this Law, or simultaneously with another procedural action, then such procedural term shall be related to a specific event, and the provisions for the calculation of terms specified in Section 314 of this Law shall not apply to such procedural term.

(2)

The commencement of a procedural term specified in hours, days, or months shall be indicated in this Law, but if such commencement has not been indicated, the moment when the criminal-procedural relations are established on account of which the term is being specified shall be recognised as the commencement of the term.

(3)

The moment when a person involved in proceedings learns of, or, complying with a report specified by law and made in an appropriate manner, had to learn of, the occurrence of a concrete procedural right or duty shall be recognised as the moment of the establishment of criminal-procedural relations.

Section 314. Calculation of Procedural Terms

(1)

In calculating a term specified in hours or days, the hour or day on which the term begins shall not be taken into account. The next hour or day shall be recognised as the beginning of the calculation of the term. The term shall end by the running out of the last full hour of the relevant period, if the term has been specified in hours, or by the running out of the last day, if the term has been specified in days.

(2)

A term specified in months shall end on the relevant date of the last month, but if the month does not have a relevant date, the term shall end on the last date of the relevant month.

(3)

If the end of a term does not fall on a working day, the next working day shall be recognised as the last day of the term.

(4)

If a term applies to the deprivation or restriction of the rights of a person, the actual moment of the deprivation or restriction of rights shall be recognised as the beginning of such term, and the actual moment (hour or day) of the termination of the term specified in a decision or law shall be recognised as the end of the term.

Section 315. Operation in Time of Procedural Terms

(1)

A term has been observed if a procedural action was performed until the end of the specified term or if the relevant document was transferred until the end of the specified term to a person who has the right, or is authorised, to receive such document, or if the document was transferred to the post until the end of the specified term, and the fact of transferral was certified accordingly.

(2)

A term has been observed if a person who is located in detention or in a medical institution has transferred the relevant document to the administration of the place of detention or medical institution until the end of the specific term.

(3)

The missing of the term determining the actualisation of rights without a good reason shall cause the termination of such rights.

(4)

The missing of the term determining the execution of procedural duties shall not discharge from the execution of a duty, and the relevant procedural duty shall be fulfilled in accordance with the procedures specified by law.

Section 316. Extension of a Procedural Term

(1)

Only the procedural terms in relation to which this Law has a special reservation regarding the possibility of the extension thereof shall be extended.

(2)

If this Law does not determine otherwise, the matter regarding the extension of a term shall be determined not later than five days before the end of the relevant term, based on the submission of an interested person, and presented materials that have been submitted not later than seven days before the end of the term. The submission regarding the extension of the term shall be examined in the presence of the interested person in the cases specified by law, and if such examination is required by the circumstances of the case and the person regarding whom the corresponding matter is being decided.

(3)

In examining a submission regarding the extension of a term, a decision shall be taken regarding the extension of the term or regarding a refusal to extend the term.

(4)

A decision regarding the extension of a term or regarding a refusal to extend a term shall indicate the justification for why the term is or is not being extended. Such decision shall indicate the time for which the term is being extended, or the time up until which the term is being extended.

(5)

In extending terms, the procedures for the calculation of procedural terms specified in Section 314 of this Law shall be complied with.

Section 317. Missed Renewal of a Procedural Term

(1)

An interested person who has missed the term specified for the actualisation of rights due to a justifying reason has the right to submit a submission regarding the renewal of such term. The submission shall indicate the reasons why the term was missed, and documents that certify the justification for the missing of the term shall be attached to such submission.

(2)

The submission of an interested person regarding a missed renewal of a term shall be examined by a person directing the proceedings within the term of the next two working days. The submission regarding the renewal of the term shall be examined in the presence of the submitter and other summoned persons, if the deciding of the matter is not possible without the receipt of an additional explanation from the submitter or other persons, and if the submitter has requested such examination in the presence thereof.

(3)

In examining a submission regarding the renewal of a term, a person directing the proceedings may take a decision regarding the renewal of a missed term, or regarding a refusal to renew a missed term.

(4)

A decision regarding the renewal of a missed term, or regarding a refusal to renew a missed term, shall be motivated, and a submitter shall be immediately notified regarding such decision.

(5)

Having received a submission regarding the renewal of a missed term, a person directing the proceedings may suspend, in accordance with a request of the submitter or on the basis of the initiative of the person directing the proceedings him or herself, and up to the deciding of the matter, the execution of an adjudication the renewal of the appeal term of which has been requested.

(6)

An investigating judge shall examine submissions regarding the renewal of missed terms in connection with the taking of a decision, located in the competence of the investigating judge, during pre-trial proceedings.

Chapter 19 Adjudications

Section 318. Decisions in Pre-trial Proceedings

(1)

During pre-trial proceedings, a person directing the proceedings shall take, and draw up in writing, a motivated decision regarding:

1) the commencement and subsequent direction of criminal proceedings; 2) the recognition of a person as a suspect; 3) the recognition of a person as a victim; 4) the holding of a person criminally liable; 5) the application of a compulsory measure; 6) the completion of pre-trial proceedings.

(2)

A person directing the proceedings shall also take a motivated decision in other case specified in this Law, and, if necessary, may take a decision regarding any matter significant in the proceedings.

(3)

Officials who perform criminal proceedings but are not persons directing the proceedings shall take a motivated decision in matters within the competence thereof.

Section 319. Court Adjudications

(1) Court adjudications are court judgments and decisions.

(2)

A court judgment is a court adjudication regarding the guilt or innocence of an accused, the application or non-application of a penalty, and the acquittal or release from a penalty.

(3)

A court shall take a decision regarding matters that must be decided in preparing a criminal case for examination in a court session, during the course of the adjudication of a case, and in transferring a judgment for execution.

(4)

Court judgments and, in the cases specified by law, decisions shall be drawn up in writing.

Section 320. Structure of an Adjudication

(1)

An adjudication drawn up in writing shall consist of an introduction, a descriptive part, a reasoned part, and an operative part.

(2)

The introduction of an adjudication shall indicate the place and time of the taking thereof, the institution and the official who took the adjudication, and the legal matter regarding which the adjudication was taken.

(3)

The descriptive part shall indicate the essence of the circumstances ascertained in proceedings that is at the basis of the taking of the adjudication.

(4)

The reasoned part shall indicate a reference to the law in accordance with which the adjudication was taken, and shall justify the conclusion made. The adjudication shall have a reasoned part, if so specified in this Law.

(5)

The operative part shall indicate the conclusion regarding the matter being examined, the taken adjudication, and the procedures for and term of the appeal of such adjudication.

(6)

In the cases provided for in this Law, the written decision of a person directing the proceedings may be composed of only an introduction and an operative part (hereinafter

– decision in the form of a resolution).

Section 321. Familiarisation with an Adjudication

(1)

A person who is involved in criminal proceedings and whose rights and interests have been affected by a taken adjudication, the representative thereof, and the defence counsel thereof, as well as the person on the basis of the submission, application, or request of whom the adjudication has been taken shall be familiarised with the adjudication before the commencement of the execution thereof, if the execution takes place with the participation of the relevant person.

(2)

In the cases specified by law, familiarisation with the decisions taken in pre-trial proceedings shall take place only after the completion of a concrete investigative action, or in completing pre-trial proceedings.

Section 322. Procedures for the Entering into Effect of Adjudications

(1)

All procedural decisions shall enter into effect immediately after the taking thereof, if the law does not specify other procedures for entering into effect.

(2)

Court judgments shall enter into effect in accordance with the procedures specified in this Law.

(3)

An adjudication that has entered into effect is mandatory and shall be fulfilled by everybody.

Chapter 20 Proposals

Section 323. Proposals

A person directing the proceedings shall write a proposal, if operations that are not within the competence of such person directing the proceedings, or for the operation of which a decision of a competent person is necessary, must be performed for the achievement of the purpose of the criminal proceedings.

Section 324. Examination of a Proposal

(1)

A proposal shall be examined by an official who has been granted the authority in criminal proceedings to perform the operations recommended in the proposal by him or herself, or to allow another person to perform such operations with a decision on the basis of the location where the criminal offence was committed or on the basis of the location of the investigation or public prosecutor institutions thereof, in the record-keeping of which is the concrete proceedings.

(2)

If the law does not specify otherwise, a proposal shall be examined within a term of seven days, summoning the submitter of the proposal, if necessary. The submitter shall be notified regarding a taken decision or commenced operations not later than within a term of three days.

[19 January 2006]

Chapter 21 Minutes

Section 325. Minutes of a Procedural Action

(1)

The minutes of an operation shall record the course of an investigative action performed in pre-trial proceedings, and, in the cases specified by law, also the course of another procedural action.

(2)

The minutes of a court session shall record procedural actions performed in judicial proceedings.

Section 326. Content of Minutes

(1) The minutes of a procedural action shall indicate: 1) the place and date of the occurrence of the operation; 2) the time when the operation was commenced and completed; 3) the position, given name, and surname of the performer of the procedural action; 4) the given name, surname, and personal identity number of the person – participator

in the procedural action, and the given name, surname, place of practice, and procedural status of an advocate; 5) the course of the occurrence of the operation, and determined facts, if such facts exist; 6) the utilised scientific-technical means; 7) the position, given name, and surname of the taker of the minutes.

(2)

Objects and documents obtained during the course of a procedural action shall be attached to the minutes.

(3)

Section 484 of this Law shall determine the content of the minutes of a court session.

Section 327. Familiarisation with the Minutes of a Procedural Action

(1)

The performer of a procedural action shall familiarise the persons who participate in the relevant operation with the content of the minutes of such procedural action, and the attachments thereto, by reading, indicating, or playing such content and attachments. The minutes shall record the corrections and additions expressed by the persons.

(2)

The performer of a procedural action, the taker of minutes, and all the persons who participate in the operation shall sign the protocol as a whole and, separately, each page thereof. If a person refuses to sign, such refusal shall be noted in the minutes, indicating the reason and motives for the refusal.

Chapter 22 Summonses

Section 328. Summons

A summons is a document with which a person directing the proceedings summons a person to an investigative institution, the Public Prosecutor’s Office, or the court, in order for such person to participate in criminal proceedings (hereinafter – person being summoned). In case of necessity, other means of communication may be utilised for a summons.

[19 January 2006]

Section 329. Content of a Summons

A summons shall indicate:

1) the given name, surname, and place of residence of the natural person being summoned, or another address indicated by such person;

2) the name and legal address of a legal person being summoned, or the address of the authorised representative of such legal person indicated by such legal person;

3) the name and address of the investigative institution, the Public Prosecutor’s

Office, or court;

4) the time and place of attendance;

5) the reason for the summoning of the person;

6) the duty of the person receiving the summons to transfer such summons to the

person being summoned in the case of the absence thereof; 7) the consequences of a failure to attend.

Section 330. Delivery of a Summons

(1)

A summons shall be issued not later than two days before the time of arrival indicated therein. If a procedural action is unplanned or cannot be suspended, a summons may be issued directly before arrival.

(2)

A summons shall ordinarily be delivered by mail or by a messenger (courier) to the address indicated by the person being summoned, but for a person who is summoned for the first time – to the place of residence or legal address.

(3)

If a person being summoned has indicated another mode of communication, or if a case is particularly urgent, a person may also be summoned by utilising other modes of communication.

(4) [19 January 2006]

(5)

A summons shall be sent to a person being summoned who lives in a foreign state, or whose legal address is in a foreign state, through the intermediation of the Foreign Ministry of the Republic of Latvia or in accordance with the procedures specified in an international agreement.

[19 January 2006]

Section 331. Issuance of a Summons

(1)

A summons shall be issued to a person being summoned personally and in exchange for the signature thereof. The time of the receipt of the summons shall also be indicated in the signature part of the summons.

(2)

If the deliverer of a summons does not encounter the person being summoned at the address indicated by such person, he or she shall issue the summons to another family member of legal age who lives together with the person being summoned. In such case, the recipient of the summons shall enter his or her given name and surname in the signature part of the summons, and shall indicate his or her relationship to the person being summoned. The recipient of the summons has a duty to give the summons to the person being summoned.

(3)

In the case of the absence of a person being summoned, the deliverer of a summons shall make a note regarding such absence in the signature part of the summons, and shall indicate the place to which the person being summoned has departed, and the term when the return of such person is expected.

(4)

A summons addressed to a legal person shall be issued to the relevant employee thereof.

(5)

The signature part of a summons shall be returned to a person directing the proceedings.

Section 332. Duty of a Person being Summoned to Accept a Summons

(1) A person being summoned has a duty to accept a summons.

(2) If a person being summoned refuses to accept a summons, the deliverer shall make a note regarding such refusal in the signature part of the summons, and shall return such summons to a person directing the proceedings.

Section 333. Duty of Persons being Summoned to be Accessible

(1)

A person who has indicated the address thereof to a performer of a procedural action in concrete criminal proceedings has a duty to be accessible at such address.

(2)

If a summons has been delivered in accordance with the procedures specified in this Chapter, it shall be recognised that the person being summons has been notified regarding the time and place of the occurrence of criminal proceedings.

(3)

If a summons has been delivered to a person being summoned in accordance with the procedures specified in Section 330 of this Law, it shall be recognised that the person being summoned has been notified regarding the time and place of the occurrence of proceedings on the seventh day after the handing over of the summons to the post office.

[19 January 2006]

Chapter 23 Applications

Section 334. Terms for the Examination of an Application

(1)

An application shall be examined, and a decision regarding such application shall be taken, immediately after the receipt of the application, if this Law does not specify otherwise.

(2)

If the taking of a decision regarding an application is not possible immediately, such decision shall be taken within a term of three working days after the receipt of the application.

Section 335. Deciding of an Application

(1)

An application is able to be satisfied, if such application promotes the ascertaining of facts significant in criminal proceedings, and the ensuring of the lawful interests and rights of persons involved in the proceedings and other persons.

(2)

If an application has been satisfied, a written decision may be drawn up, and the submitter of the applicant shall be notified in writing regarding the satisfying of the application, and the execution of such satisfaction shall be ensured.

(3)

A person directing the proceedings shall take a motivated decision regarding the complete or partial rejection of an application, and the submitter of the application shall be notified regarding such decision within a term of three working days by sending or issuing to him or her a copy of the decision of the person directing the proceedings.

(4)

A decision of a person directing the proceedings regarding the rejection of an application may be appealed in accordance with the procedures specified in this Law.

Chapter 24 Complaints

Section 336. Right to Submit a Complaint

(1)

A complaint regarding the actions or adjudication of an official performing criminal proceedings may be submitted by a person involved in the proceedings, as well as a person whose rights or lawful interests have been infringed upon by the concrete actions or adjudication.

(2)

A complaint submitted by a public prosecutor shall be called the protest of the public prosecutor.

(3)

A decision of a person directing the proceedings shall be subject to appeal, except for the cases specified in this Law.

Section 337. Submission of a Complaint

(1) A complaint shall be submitted to the State institution, or person directing the proceedings, that is liable regarding the proceedings and that, in accordance with the law, is entitled to examine complaint and taken decision regarding such complaints.

(2) A complaint shall be submitted:

1) to a person directing the proceedings regarding the actions of a member of an investigative group, the executor of a procedural task, an expert, or an auditor;

2) to the supervising public prosecutor regarding the actions or decision of an investigator or the direct supervisor of the investigator;

3) to a higher-ranking public prosecutor regarding the actions or decision of a public prosecutor.

4) to the chairperson of the court regarding the actions or decision of an investigating judge;

5) to the chairperson of the court regarding the actions of a judge;

6) to a higher-level court regarding the adjudication of a court.

(3)

If a person has appealed the actions or decision of a person referred to in Paragraph two, Clauses 1-3 of this Section, and does not agree with the decision taken by the examiner of a complaint – higher-ranking public prosecutor, such person may appeal such decision to the next higher-ranking public prosecutor, whose decision shall be final in a pre-trial investigation.

(4)

The decision of a chairperson of a court in the cases referred to in Paragraph two, Clauses 4 and 5 of this Section are final.

(5)

A person who has received a complaint regarding his or her actions or decision shall immediately hand over such complaint to the official referred to in Paragraph two of this Section. If a person considers a complaint justified, such person shall simultaneously discontinue the appealed actions or revoke the appeal decision and recognise the results thereof as invalid.

(6)

Complaints may be written or oral. A complaint submitted orally shall be entered in the minutes and signed by the submitter of the complaint and the person to whom the complaint was submitted orally. Complaints submitted orally shall be decided in accordance with the same procedures by which the deciding of a written complaint has been specified. A complaint may have attachments that apply to the content of the complaint.

(7)

A person who does not understand the language in which criminal proceedings are taking place has the right to submit a complaint in the language that he or she understands.

[28 September 2005; 19 January 2006]

Section 338. Sending of Complaints of Arrested or Detained Persons

The administration of a place of arrest or detention shall immediately hand over the complaint of an arrested or detained person after the receipt of such complaint to the official to whom such complaint is addressed.

Section 339. Terms for the Submission of Complaints

(1)

A complaint regarding the actions and decision of an official in a pre-trial investigation may be submitted during the entire term of pre-trial proceedings.

(2)

A decision of an investigator or prosecutor regarding a refusal to initiate criminal proceedings, may be appealed within a term of 10 days from the day of the receipt of a copy of the decision.

(3)

Complaints regarding court adjudications may be submitted within a term of 10 days from the day of the availability of the adjudication.

(4)

If the term for the submission of a complaint has been missed due to a justifiable reason, such term may be renewed on the basis of a request of the submitter by the authority or official who has the right to examine the complaint.

[19 January 2006]

Section 340. Revocation of Complaints

(1) A person who has submitted a complaint is entitled to revoke such complaint.

(2)

A compliant that has been submitted to a court may be revoked up until the moment when the court retires to deliberate the taking of an adjudication.

(3)

A complaint submitted in the interests of an accused or victim may be revoked only with his or her consent.

Section 341. Suspension of the Execution of an Adjudication in Connection with the Submission of a Complaint

In the cases specified in this Law, the submission of a complaint shall suspend the execution of an appealed adjudication. In other cases, the execution of a decision may be suspended by the official who examines a complaint, if such official considers such suspension necessary.

Section 342. Examination of Complaints

(1)

Having received a complaint, the recipient thereof shall decide regarding the examination of such complaint, or send such complaint on the basis of the jurisdiction thereof, within a term of three working days after the day of the receipt thereof.

(2)

The assigning of the examination of a complaint to the same official whose actions or decision are being appealed, or to the official who has approved the appealed decision, is prohibited.

(3)

The official who examines a complaint may take into account more than just the motives of the complaint. If necessary, such official may examine the legality and validity of the entire appealed adjudication or of the entire criminal proceedings.

(4)

An official examining a complaint has a duty, within the scope of his or her competence, to immediately perform measures in order to renew for persons the violated rights and lawful interests thereof.

(5)

If the term of a complaint has been missed and has not been renewed, the complaint shall not be examined, and the submitter shall be notified regarding such non-examination.

(6)

A court shall examine a complaint in a closed court session in the presence of the submitter of the complaint and his or her defence counsel or representative. The person whose actions or decision is being appealed, or the representative thereof, may participate in the court session. The failure of the referred to persons to attend shall not be an impediment to the examination of the complaint.

(7)

Appellate and cassation complaints and protests shall be examined in accordance with the procedures and terms specified in Division Ten of this Law.

[28 September 2005; 19 January 2006]

Section 343. Terms for the Examination of Complaints

(1)

A complaint, except for an appellate and cassation complaint and protest, shall be examined within a term of 10 days after the receipt thereof.

(2)

In cases where the obtaining of additional materials, or the performing of other measures, is necessary for the examination of a complaint, the examination of the complaint shall be allowed within a term of 30 days, notifying the submitter of the complaint regarding such examination.

(3)

If the complaint has not been submitted in the official language, in respect of the beginning of the term of the examination thereof shall be deemed to be the day of the availability of a translation, and the submitter of the complaint shall be notified of this.

[19 January 2006]

Section 344. Deciding a Complaint

(1)

A complaint may be satisfied or rejected.

(2)

In satisfying a complaint: 1) the appealed adjudication may be fully or partially revoked or modified; 2) the criminal proceedings may be fully or partially terminated; 3) the criminal proceedings may be sent for a new investigation; 4) the results of the appealed actions may be declared invalid.

(3)

In satisfying a complaint, an investigating judge and a court shall take the adjudication provided for in Paragraph two, Clauses 1 and 4 of this Section.

(4) A refusal to satisfy a complaint shall be substantiated.

(5)

The official or court that decides a complaint may not revoke a previously taken adjudication, if such revocation may cause a worsening of the circumstances of the person who has submitted the complaint, or in the interests of whom the complaint has been submitted.

Section 345. Report regarding the Deciding of a Complaint

(1)

The person who has submitted a complaint shall be notified regarding the deciding of the complaint, and the further possibilities and procedures for appeal.

(2)

If harm has been illegally caused to a person by appealed actions or an appealed adjudication, the rights thereof to request compensation or rectification for the harm, and the procedures for the actualisation of such rights, shall be explained to such person.

(3)

A complaint, a copy of the answers provided to such complaint, and the materials of the examination of the complaint shall be attached to a criminal case.

Chapter 25 Complaints regarding Decisions of the Prosecutor General

Section 346. Appeal of a Decision of the Prosecutor General

A complaint regarding a decision of the Prosecutor General that has been taken in accordance with Sections 303, 310, and 410 of this Law may be submitted by the person whose rights or lawful interests are infringed upon by the concrete decision within a term of 10 days from the day when such person learned of the taking of the decision and of the content thereof.

Section 347. Submission of a Complaint and Determination of Examination

(1)

A complaint regarding a decision of the Prosecutor General shall be submitted to the Senate of the Supreme Court.

(2)

Having received a complaint, the chairperson of the relevant division of the Senate shall determine the composition of the court, and shall assign the examination of the complaint to one of the judges.

(3)

The senator to whom the examination of a complaint has been assigned shall request from the Prosecutor General the criminal case or other materials that were the basis for the taking of the decision, and shall determine the term for examination of the complaint.

(4)

If necessary, a judge may requisition documents and other materials, and summon the relevant persons for the provision of explanations.

(5)

A judge shall notify the Prosecutor General and the submitter of a complaint regarding the term of the examination of the complaint and regarding his or her rights, and the rights of his or her representative, to participate in the court session. The submitter of a complaint who is located in detention shall, on the basis of his or her request, be ensured participation in the examination of the complaint.

Section 348. Examination of Complaints

(1)

The Senate of the Supreme Court with a panel of three judges shall examine a complaint regarding a decision of the Prosecutor General with the participation of the Prosecutor General and the submitter of the complaint, or the representatives thereof. The non-attendance of such persons without a justifiable reason, if such persons have been notified in a timely manner regarding the time and place of the examination, shall not be an impediment to the examination of the complaint.

(2)

Having heard the submitter of a complaint and the Prosecutor General, or the representatives thereof, a court shall retire to deliver and take a decision, which shall be read in the court session.

(3)

A court may take one of the following decisions: 1) to leave the decision of the Prosecutor General without modification; 2) to modify the decision of the Prosecutor General; or 3) to revoke the decision of the Prosecutor General.

(4)

The decision of a court is final and shall not be subject to appeal.

Section 349. Actions of a Court after the Examination of a Complaint

A court shall send a criminal case and other requested materials, together with a decision, to the General Prosecutor within a term of three working days after the taking of the decision.

Division Six Financial Matters in Criminal Proceedings

Chapter 26 Compensation of Injury Caused by a Criminal Offence

Section 350. Compensation regarding Injury Caused to a Victim

(1)

Compensation is payment specified in monetary terms that a person who has caused harm with a criminal offence pays to a victim as atonement for moral injury, physical suffering, or financial loss.

(2)

Compensation is an element of the regulation of criminal-legal relations that an accused pays voluntarily or on the basis of a court adjudication.

(3)

If a victim believes that the entire injury caused to him or her has not been compensated with a compensation, he or she has the right to request the compensation thereof in accordance with the procedures specified in the Civil Procedure Law. In determining the amount of consideration, the compensation received in criminal proceedings shall be taken into account.

(4)

In requesting consideration in accordance with civil legal procedures, a victim shall be discharged from the State fee.

(5)

A court adjudication in criminal proceedings regarding the guilt of a person shall be binding in the adjudication of a civil case.

Section 351. Application for Compensation

(1)

A victim has the right to submit an application regarding compensation for a caused injury in any stage of criminal proceedings up to the commencement of a court investigation. The application shall justify the amount of the requested compensation.

(2)

An application may be submitted in writing or expressed orally. An oral application shall be recorded in the minutes by a person directing the proceedings.

(3)

During a pre-trial investigation, a public prosecutor shall indicate a submitted application and the amount of requested compensation in the document regarding the completion of pre-trial proceedings.

(4)

The failure to ascertain a person being held criminally liable shall not be an impediment to the submission of a compensation application.

(5)

A victim has the right to recall a submitted compensation application at any stage of criminal proceedings up to the moment when the court retires to make a judgment. The refusal of compensation of a victim may not be grounds for the revocation or modification of prosecution, or a justifying judgment.

Section 352. Amount of Compensation

(1)

A court shall determine the amount of compensation by assessing the application of a victim, and by taking into account: 1) the amount of financial losses caused; 2) the seriousness of a criminal offence, and the nature of the committing thereof; 3) the caused physical suffering, permanent mutilation, or loss of ability to work;

4) the depth and publicity of a moral injury; 5) mental trauma.

(2)

If harm has been caused to a legal person, the difficulties caused to commercial activities shall also influence the amount of compensation.

(3)

Direct losses shall be assessed at the prices used for the determination of the amount of prosecution.

(4)

The causer of harm may voluntarily agree to the amount of compensation specified by the victim, or such causer and victim may determine such amount by mutual agreement. Such agreement shall be drawn up in writing, or such agreement shall be recorded, on the basis of a request of both parties, in the minutes of the procedural action.

Section 353. Persons upon whom the Duty to Pay Compensation May be Imposed

(1)

A court may impose the duty to pay compensation upon the following: 1) an accused of legal age who has been found guilty of the committing of a criminal offence; 2) a minor who has been found guilty of the committing of a criminal offence, subsidiary with the parents or persons who substitute for him or her. 3) a legal person, if, in the case of such legal person, a natural person has been found guilty of committing a criminal offence and such natural person committed such offence acting individually, as a member of a collegial authority of the relevant legal person, or based on the right to represent the legal person, act under the assignment thereof, or take

decisions on behalf of the legal person, or in actualising control within the framework of the legal person, or being in the service of the legal person.

(2)

In other cases compensation shall not be determined, but the compensation of harm shall take place in accordance with civil-legal procedures.

(3)

A special law shall determine the procedures by which injuries shall be compensated from the victim compensation fund, and the amount of injuries to be compensated from such fund.

Section 354. Fee to the Victim Compensation Fund

(1)

A convicting judgment, the injunction of a public prosecutor regarding a penalty, or a decision of a public prosecutor regarding the termination of criminal proceedings, conditionally releasing from criminal liability, shall be the basis for a person who has been found guilty in the committing of al criminal offence to pay a fee to the victim compensation fund.

(2) The amount of a fee shall be: 1) 10 lats for a committed criminal violation; 2) 15 lats for a committed less serious crime; 3) 20 lats for a committed serious crime; 4) 25 lats for a committed particularly serious crime;

(3)

If a person has been simultaneously found guilty of the committing of several criminal offences, a fee shall be paid in accordance with the most serious crime.

Chapter 27 Actions with Criminally Acquired Property

Section 355. Criminally Acquired Property

(1)

Property shall be recognised as criminally acquired, if such property has come into the property or possession of a person as a result of a criminal offence.

(2)

If the opposite has not been proven, property and financial resources shall be recognised as criminally acquired if such property or resources belong to a person who: 1) is a member of an organised criminal group, or supports such group; 2) has him or herself engaged in terrorist activities, or maintains permanent relations with a person who is involved in terrorist activities; 3) has him or herself engaged in the trafficking of human beings, or maintains permanent relations with a person who is engaged in the trafficking of human beings;

4) has him or herself engaged in criminal activities with narcotic or psychotropic substances, or maintains permanent relations with a person who is engaged in such activities.

(3)

Within the meaning of this Section, the maintenance of permanent relations with another person who is engaged in specific criminal activities means that the person lives together with a second person or controls, determines, or influences the behaviour thereof.

Section 356. Recognition of Property as Criminally Acquired

(1)

Property may be recognised as criminally acquired by a court adjudication that has entered into effect, or by a decision of a public prosecutor regarding the termination of criminal proceedings.

(2)

During pre-trial criminal proceedings, property may also be recognised as criminally acquired by:

1) a decision of a district (city) court in accordance with the procedures specified in Chapter 59 of this Law, if the owner or lawful possessor of the property is unknown, and a person directing the proceedings has sufficient evidence that does not cause any doubt regarding the criminal origins of the property (the connection of the property with a criminal offence);

2) a decision of a person directing the proceedings, if, during a pre-trial investigation, property was found and seized on a suspect, accused, or third person in relation to which property the owner or lawful possessor thereof had previously submitted a loss of property, and, after the finding thereof, has proven his or her rights to such property, eliminating any reasonable doubt.

Section 357. Returning of Criminally Acquired Property

(1)

Property shall be returned, on the basis of ownership, to the owner or lawful possessor thereof by a decision of a person directing the proceedings, after the storage of such property is not longer necessary for the achievement of the purpose of criminal proceedings.

(2)

Property whose circulation is prohibited by law, and which, as a result of such prohibition, is located in the possession of a person illegally, shall not be returned to such possessor, but rather transferred to the relevant State authority, with a decision of the court, or to a legal person that is entitled to obtain and use such property.

Section 358. Confiscation of Criminally Acquired Property

(1)

Criminally acquired property shall be confiscated with a court decision, if the further storage of such property is not necessary for the achievement of the purpose of criminal proceedings and if such property does not need to be returned to the owner of lawful possessor, and acquired financial resources shall be included in the State budget.

(2)

If criminally acquired property has been alienated, destroyed, or hidden, and the confiscation of such property is not possible, other property, and financial resources, at the value of the property being confiscated may be subjected to confiscation or recovery.

(3)

If an accused does not have property that may be subjected to the confiscation referred to in Paragraph two of this Section, the following may be confiscated: 1) property that the accused person has alienated to a third person after the committing of the criminal offence and without corresponding consideration;

2) the property of the spouse of the accused person, if separate ownership of the property of the spouses was not specified during a term of the last three years before the commencement of the criminal offence;

3) the property of another person, if the accused has a common (undivided) household with such person.

(4) The following shall be included in the State budget: 1) resources that have been acquired in marketing property, in accordance with the procedures specified in regulatory enactments, the ownership of which has not been

ascertained or the owner of which does not have lawful right to such property, or the owner or lawful possessor of which has refused such property;

2) resources that a person has acquired from the marketing of property, knowing the criminal origins of such property;

3) yield acquired as a result of the utilisation of criminally acquired property;

4) confiscated financial resources;

5) financial benefits, or material benefits of another nature, that a State official has accepted as a bribe;

[17 May 2007]

Section 359. Utilisation of the Resources from the Marketing of Criminally Acquired Property

If a victim has requested compensation for harm, and the resources referred to in Section 358, Paragraph four of this Law have been acquired in concrete criminal proceedings, such resources shall be utilised first for the ensuring and payment of the requested compensation.

Section 360. Rights of Third Persons

(1)

If criminally acquired property has been found on a third person, such property shall be returned, on the basis of ownership, to the owner or lawful possessor thereof.

(2)

If criminally acquired property has been returned to the owner or lawful possessor thereof, the third person who acquired such property, or pledge, in good faith has the right to submit a claim, in accordance with civil procedures, regarding compensation for the loss, including against an accused or convicted person.

Chapter 28 Ensuring of a Solution to Financial Matters

Section 361. Imposition of an Attachment on Property

(1)

In order to ensure the solution of a financial matter in criminal proceedings, as well as the possible confiscation of property, an attachment shall be imposed in criminal proceedings on the property of an arrested person, suspect, or accused, and also on property due to such person from other persons, or the property of persons who are materially liable for the actions of the suspect or accused. An attachment may also be imposed on criminally acquired property, or property related to criminal proceedings, that is located with other persons.

(2)

An attachment may also be imposed on property in proceedings regarding the application of compulsory measures on legal persons, and regarding the determination of compulsory measures of a medical nature, if the ensuring of a solution to financial matters in criminal proceedings, a possible recovery of money, or a confiscation of property is necessary.

(3)

In pre-trial proceedings, an attachment shall be imposed on property with a decision of a person directing the proceedings that has been approved by an investigating judge, but during a trial a court shall take a decision.

(4)

In emergency cases when property may be alienated, destroyed, or hidden due to a delay, a person directing the proceedings may imposed an attachment on the property with the consent of a public prosecutor. A person directing the proceedings shall notify an investigating judge regarding the imposed attachment not later than on the next working day by presenting the protocol and other materials that justify the necessity and emergency of the attachment. If the investigating judge does not approve the decision of the person directing the proceedings regarding the imposition of the attachment on property, the attachment shall be removed from the property.

(5)

A decision regarding the imposition of an attachment on property shall indicate the purpose for the imposition of the attachment and the person who owns the property upon which the attachment has been imposed, and, if the amount of the financial matter to be solved is known, the necessary ensuring sum shall also be indicated.

(6)

A person directing the proceedings may assign the State police the execution of an attachment, and shall notify the relevant public register wherein the right to such property have been registered regarding the attachment of property, so that such register may register a prohibition on alienating such property and on burdening such property with other case or obligation rights.

(7)

If a mortgage pledge was registered in relation to property before an attachment was imposed, actions may take place with the pledged property only on the basis of coordination with a person directing the proceedings. If such property has been recognised by a court decision as criminally acquired, the attachment of the property has priority in relation to the pledge.

(8)

An attachment shall not be imposed on basic necessity objects used by the person upon whose property the attachment is being imposed, or by the family members of such person and the persons dependent on such person. Annex 1 of this Law shall determine the list of such objects.

Section 362. Protocol regarding the Imposition of an Attachment on Property

(1) A protocol shall be written regarding the imposition of an attachment on property.

(2)

A protocol shall record the following: 1) each thing upon which the attachment has been imposed, indicating the name, label, weight, level of wear, and other individual features; 2) the things upon which the attachment has not been imposed, if the attachment has been imposed on an entire property;

3) the application that a third person has submitted regarding ownership of the property.

(3)

In imposing an attachment on property, the owner, possessor, user, or holder of such property shall notify regarding a prohibition on acting with, or using, such property, and, if necessary, the property shall be seized and placed in storage.

(4)

If property has been seized, the protocol shall indicate precisely what has been seized, and where and with whom such property has been placed in storage.

(5)

If an attempt to hide, destroy, or damage property was made during the term of the imposition of an attachment, an entry regarding such attempt shall be made in the protocol.

Section 363. Issuance of Copies of a Protocol regarding the Imposition of an Attachment on Property

(1)

A copy of a protocol regarding the imposition of an attachment on property shall be issued, in return for a signature, to the person by whom a description of the property was made, or one of his or her family members of legal age, but if such person is not present, the copy shall be issued to a representative of the local government in the administrative territory of which the attachment was imposed on the property.

(2)

If an attachment has been imposed on property that is located in the territory of a legal person, a copy of the protocol regarding the imposition of the attachment on the property shall be issued, in return for a signature, to a representative of such legal person.

Section 364. Determination of the Value of Property Subjected to an Attachment

(1)

Property upon which an attachment is being imposed shall be assessed on the basis of the actual value thereof, taking into account the level of wear of such property. If necessary, a specialist shall be invited for the determination of the value of the property.

(2) Money and securities shall be registered on the basis of the nominal value thereof.

(3)

If an attachment must be imposed on only a portion of the property for a specific sum, the owner or user of the property has the right to indicate the property that, according to his or her view, should be subjected to attachment.

Section 365. Storage of Attached Property

(1)

Property upon which attachment is imposed may be left in storage with the owner or user thereof, his or her family members, or another natural person or legal person to whom the liability, provided for by law, regarding the storage of the referred to property shall be explained. Such persons shall sign regarding such storage.

(2)

Property upon which an attachment has been imposed shall not be left in storage with a suspect or accused.

(3)

If an attachment is imposed on things the circulation of which has been prohibited by law, or on money, currency, securities, credit, bills of exchange, stocks, or other monetary documents, or on precious metals or precious stones, or articles made from precious metals or precious stones, the place of storage thereof and the procedures for storage shall by determined by the Cabinet.

(4)

Monetary deposits and securities stored in banks or other credit institutions shall not be seized, but, after the receipt of a decision regarding the imposition of an attachment on property, withdrawal operation with such deposits or securities shall be discontinued.

Section 366. Revocation of an Attachment on Property

(1)

A person directing the proceedings shall take a decision regarding the revocation of an attachment on property, and shall immediately notify the persons upon the property of whom the attachment was imposed, or in the storage of whom the attached property was placed, regarding such revocation. A decision regarding a revocation of an attachment shall be taken, if:

1) a court takes a judgment of acquittal; 2) the court has not taken a decision that the property shall be recognised as criminally acquired; 3) a person directing the proceedings terminates criminal proceedings with a rehabilitating decision; 4) compensation for harm has not been requested in criminal proceedings, or a victim has withdrawn such request; 5) a criminal offence has been reclassified on the basis of another Section of the Criminal Law that does not provide for confiscation of property; 6) any other reason for the ensuring of a solution to financial matters has ceased.

(2)

A person directing the proceedings may retain an attachment only for the portion of property that may be necessary for the covering of procedural tasks.

(3)

After the entering into effect of an adjudication, a person directing the proceedings shall immediately notify the relevant public register wherein the rights to such property have been registered regarding the removal of an attachment.

Chapter 29 Procedural Expenditures and the Reimbursement thereof

Section 367. Procedural Expenditures

(1) Procedural expenditures are: 1) sums that are paid to witnesses, victims, experts, auditors, specialists, interpreters, and other persons involved in proceedings, in order to cover travel expenses that are related to arriving at the place of the performance of a procedural action, return to the place of residence, and payment for accommodations; 2) sums that are paid to witnesses and victims as an average work remuneration for the term wherein such persons did not perform the work thereof in connection with participation in a procedural action, or that investigative institutions, the Office of the Prosecutor, or the Ministry of Justice have compensated to the employer of the referred to persons regarding average earnings paid out; 3) payment to experts, auditors, interpreters, and specialists regarding work, except for cases where such persons participate in proceedings fulfilling the official duties thereof;

4) payment to an advocate, when expenditures regarding legal assistance are covered from State resources;

5) sums that are used for the storage, transfer, realisation and destruction of material evidence;

6) sums that are used for the conducting of an expert-examination;

7) sums that are used for the protection of property; and

8) other expenditures that have been occasioned in criminal proceedings.

(2) The procedural expenditures referred to in Paragraph one of this Section shall be covered from State resources in accordance with the procedures and in the amount specified by the Cabinet.

[28 September 2005; 19 January 2006; 17 May 2007]

Section 368. Recovery of Procedural Expenditures

(1)

Procedural expenditures shall be recovered with a court adjudication from convicted person, except for the cases referred to in Paragraphs three, four, and five of this Section.

(2)

If several persons have been convicted with a court judgment, the court shall determine the amount in which procedural expenditures shall be recovered from each convicted person. The court shall take into account the nature of the criminal offence, and the level of liability and financial situation of the convicted person.

(3)

If a person has been acquitted with a court judgment, procedural expenditures shall be covered from State resources. If an accused has been partially acquitted, the procedural expenditures that are related to the prosecution in which the person has been found guilty and convicted may be recovered from such person.

(4)

Procedural expenditures shall be covered from State funds, if the person from whom such expenditures are to be recovered is indigent. A court may release a convicted person from the recovery of procedural expenditures fully or partially in other cases as well, if the recovery may substantially affect the financial situation of a person who is a dependent of such convicted person.

(5)

State resources shall cover the work of an interpreter, as well as procedural expenditures that are related to the participation of an advocate, on the basis of an assignment, in criminal proceedings, if a person directing the proceedings has released a person, in accordance with the procedures specified by law, from payment for legal assistance.

(6)

Procedural expenditures that are related to the postponement of an investigative action or court session, if such operation or session has been postponed in connection with the non-appearance, without a justified reason, of a person who has been summoned in accordance with the procedures specified by law, may be recovered from such persons in accordance with the procedures specified in the Civil Procedure Law.

(7)

A public prosecutor shall determine the recovery of procedural expenditures in accordance with the procedures provided for in this Section, if criminal proceedings are terminated by preparing an injunction regarding a penalty, or if criminal proceedings are terminated by conditionally releasing from criminal liability or based on other circumstances that do not exonerate the accused.

Part B Pre-trial Criminal Proceedings and Court Proceedings in Criminal cases

Chapter 30 Initiation and Termination of Criminal Proceedings

Section 369. Reasons for the Initiation of Criminal Proceedings

(1) A reason for initiating criminal proceedings is the submission of information indicating the committing of a possible criminal offence to an investigative institution, Office of the Prosecutor, or court (hereinafter – institution responsible for the progress of criminal proceedings), or the acquisition of such information at an institution responsible for the progress of criminal proceedings.

(2) The information referred to in Paragraph one of this Section may be submitted: 1) as a submission by a person who has suffered as a result of a criminal offence; 2) by controlling and supervising institutions, in accordance with the procedures

provided for in the regulatory enactments regulating the activities thereof; 3) by medical practitioners or institutions, as a report regarding traumas, illnesses, or cases of death the cause of which may be a criminal offence; 4) by non-governmental organisations, and authorities protecting the rights of children, as a submission regarding infringements upon the rights of minors the cause of which may be a criminal offence; 5) any natural person or legal person, as information regarding possible criminal offences from which such person has not directly suffered; 6) as a submission by any person regarding a criminal offence committed by such person;

(2)

The reason for the initiation of criminal proceedings may not be anonymous information or information whose submitter refuses to disclose the source of the information.

(3)

Institutions responsible for the progress of criminal proceedings may acquire the information referred to in Paragraph one of this Section as a result of a departmental or criminal procedural action thereof in the following cases:

1) in directly determining a criminal offence at the time of the committing thereof, and discontinuing such offence; 2) in directly determining clear consequences of a criminal offence; 3) in performing criminal proceedings regarding another criminal offence; 4) in performing other functions specified in laws: examinations, an investigative action, etc.

Section 370. Grounds for the Initiation of Criminal Proceedings

(1)

Criminal proceedings may be initiated, if the actual possibility exists that a criminal offence has taken place.

(2)

Criminal proceedings may also be initiated if information contains particulars regarding a criminal offence that has possibly taken place, and the examination of such information is possible only with the resources and methods of criminal proceedings.

Section 371. Initiation of Criminal Proceedings within the Competence of Investigative Institutions, the Office of the Prosecutor, or a Court

(1)

An investigator, or the direct supervisor of an investigator, has a duty to initiate criminal proceedings, within the framework of his or her competence, in connection with any reason referred to in Section 369 of this Law in a public prosecution case.

(2)

A public prosecutor may send materials for examination to an investigatory institution or commence criminal proceedings within the scope of his or her competence, in connection with any reason referred to in Section 369 of this Law in a public prosecution case.

(3)

A decision of a public prosecutor regarding the initiation of criminal proceedings in a public prosecution case, and the materials related to such decision, shall immediately be sent to an investigative institution, except for the cases referred to in Section 38, Paragraph three of this Law.

(4) A judge or court shall initiate criminal proceedings in private prosecution cases.

(5)

In other cases, a judge or court shall send, without deciding, an application, materials, or information acquired in adjudication to an investigative institution or, in the cases specified by law, to the Office of the Prosecutor.

[19 January 2006]

Section 372. Procedures for the Initiation of Criminal Proceedings

(1)

Criminal proceedings shall be initiated by a procedurally authorised official by taking a decision that indicates: 1) the reason and grounds for the initiation thereof; 2) a short description of the offence, insofar as such description is known at the moment of initiation; 3) the person against whom the proceedings have been initiated, if such person is known;

4) the institution or concrete person to whom the performing of the proceedings has been assigned.

(2)

A decision may also be written in the manner of a resolution. Such decision shall indicate the assignment to initiate criminal proceedings, and the institution or person to whom the performance of the proceedings has been assigned.

(3)

In an emergency case, a decision may be recorded in the manner of a resolution in the minutes of the first emergency investigative action.

(4)

A decision regarding the initiation of criminal proceedings shall not be subject to appeal.

(5)

Information regarding the initiation of criminal proceedings shall be sent, within a term of 24 hours, to the prosecutorial institution that is responsible for the supervision of

the investigation, as well as to the person who submitted information regarding the criminal offence, except for medical practitioners or a medical institution.

(6)

A prosecutorial institution shall notify a person directing the proceedings regarding the data of the supervising public prosecutor within a term of 24 hours after the receipt of information.

(7)

Information regarding initiated criminal proceedings and determined criminal offences shall be registered in uniform record-keeping in accordance with the procedures specified by the Cabinet.

Section 373. Refusal to Initiate Proceedings

(1)

If a procedurally authorised official determines that there are no grounds for the initiation of criminal proceedings, such official shall take a decision in the manner of a resolution and shall notify the person who has submitted information regarding the committing of a possible criminal offence, except for medical practitioners or institutions, regarding such decision.

(2)

The circumstance that information does not contain sufficient information for the initial qualification of an offence may not be grounds for the non-initiation of proceedings.

(3)

If information contains particulars regarding a violation of the law for the disclosure of which the use of the resources and methods of criminal proceedings is not necessary, such information shall be sent to the competent institution for the performance of an examination.

(4)

If the procedurally authorised officials, in examining materials, determine that the offence has been committed by a minor, who has not reached the age of 14 years, he or she shall take a decision regarding the non-initiation of criminal proceedings and send the materials for departmental examination and the deciding of the issue regarding the application of a compulsory measure of a correctional nature.

(5)

The persons referred to in Section 369, Paragraph two, Clauses 1, 2, and 4 of this Law may appeal a decision, within a term of 10 days after the receipt of a report, regarding a refusal to initiate criminal proceedings to a public prosecutor, if the decision has been taken by an investigator, or, if the decision has been taken by a public prosecutor, to a higher-ranking public prosecutor, but in private prosecution cases – to a higher-level court.

(6)

A complaint to a public prosecutor or a court regarding the non-initiation of criminal proceedings shall be examined within a period of 10 days from receipt of the complaint or the day of availability of the translation thereof if the complaint has not been submitted in the official language. In exceptional cases, when additional time is necessary for the examination of the complaint, it is permissible that it be examined within a period of 30 days, notifying the submitter of the complaint regarding this.

(7)

In satisfying a complaint regarding the non-initiation of criminal proceedings, a public prosecutor or court may fully or partially revoke or amend the appealed decision. The decision of the public prosecutor or court is final.

[28 September 2005; 19 January 2006]

Section 374. Record-keeping of Criminal Proceedings

From the moment of the initiation of criminal proceedings, all the documents related to such proceedings shall be stored together in a criminal case. The referred to documents shall be removed from such case only on the basis of a decision and in accordance with the norms of this Law.

Section 375. Familiarisation with the Materials of a Criminal Case

(1)

During criminal proceedings, the materials located in the criminal case shall be a secret of the investigation, and the officials who perform the criminal proceedings, as well as the persons to whom the referred to officials present the relevant materials in accordance with the procedures provided for in this Law, shall be permitted to familiarise themselves with such materials.

(2)

After the completion of criminal proceedings and the entering into effect of the final adjudication, employees of the court, the Office of the Prosecutor, and investigative institutions, and persons whose rights were infringed upon in the concrete criminal proceedings, as well as persons who performed scientific activities shall be permitted to familiarise themselves with the materials of the criminal case. All final adjudications in criminal cases, ensuring protection of the information specified by law, shall be publicly accessible.

(3)

Information regarding the place of residence and telephone number, or the number (address) of other means of communication, of a person (except for a person who has the right to defence) involved in criminal proceedings shall be stored in a separate reference that shall be attached to a criminal case, and only the officials who perform the criminal proceedings may familiarise themselves with such reference.

Section 376. Criminal Proceedings Register

(1)

A criminal proceedings register is the registration page, inserted in each criminal case, that begins with an entry regarding the initiation of criminal proceedings and ends with an entry regarding the entering into effect of a final adjudication.

(2)

During the course of criminal proceedings, the following shall be entered in a register: 1) the most important procedural decisions; 2) the officials who perform the concrete criminal proceedings; 3) the legal classification of the criminal offence; 4) the direction of the criminal case;

5) the dates of the procedural terms; 6) the issuance of documents.

(3) The change of a register during the course of proceedings shall not be allowed.

(4) Any person involved in criminal proceedings has the right to immediately familiarise him or herself with the criminal proceedings register.

Section 377. Circumstances that do not Allow for Criminal Proceedings

The initiation of criminal proceedings shall not be permitted, and initiated criminal proceedings shall be terminated, if:

1) a criminal offence has not taken place;

2) the committed offence does not constitute a criminal offence;

3) a limitation period has come into effect;

4) an accepted act of amnesty that prevents the application of a penalty regarding the relevant criminal offence;

5) a person who is to be held or is held criminally liable has died, except for cases where proceedings are necessary in order to exonerate a deceased person;

6) a judgment, or a decision of a person directing the proceedings, regarding the termination of criminal proceedings in the same prosecution against a person who has previously been held criminally liable regarding the same criminal offence;

7) such criminal proceedings are directed against a foreign national or stateless person regarding illegal crossing of the State border, and such foreign national or stateless person has been forcibly deported from the Republic of Latvia regarding such criminal offence;

8) an application of a victim does not exist in criminal proceedings that may be initiated only on the basis of an application of such person;

9) a settlement between a victim and a suspect or accused has taken place in criminal proceedings that may be initiated only on the basis of an application of a victim, except for criminal proceedings regarding the criminal offence provided for in Section 130 of the Criminal Law, if such offence is related to domestic violence;

10) the circumstances that exclude criminal liability referred to in the Criminal Law have been determined.

Section 378. Suspension and Renewal of Criminal Proceedings

(1) A person directing the proceedings shall suspend criminal proceedings, if all the procedural actions that are possible without a suspect or accused have been performed, and if:

1) the suspect or accused has contracted an illness that is an obstacle, for a longer term, to the performance of procedural actions with the participation of such person, and such contraction of the illness has been certified by a conclusion issued by a medical institution;

2) the suspect or accused is in hiding and the whereabouts thereof are unknown; or 3) the whereabouts of the suspect or accused are known, but he or her is located outside of the territory of Latvia; 4) the person who is to be held criminally liable has immunity from criminal proceedings and permission to initiate criminal prosecution has not been received from the competent institution; 5) other cases specified in this Law exist.

(2)

If, in a criminal case with several suspects or accused persons, criminal proceedings are suspended against one or several of such persons, the criminal proceedings may be continued in relation to the other suspects or accused persons, simultaneously deciding the matter regarding the division of the criminal case in accordance with the procedures specified in this Law.

(3)

Criminal proceedings shall be renewed, if the reason for the suspension of the criminal proceedings has ceased to exist;

(4)

A person directing the proceedings shall make a note in the criminal proceedings register regarding the suspension of criminal proceedings, as well as regarding the renewal thereof.

(5)

If a suspect or accused is hiding and the whereabouts thereof are unknown, a person directing the proceedings shall announce a search for the referred to person.

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Section 379. Termination of Criminal Proceedings, Releasing a Person from Criminal Liability

(1)

A person directing the proceedings may dismiss criminal proceedings, if: 1) a criminal offence has been committed that has the features of a criminal offence, but which has not caused harm that would warrant the application of a criminal penalty; 2) the person who has committed a criminal violation or a less serious crime has made a settlement with the victim or his or her representative; 3) a criminal offence has been committed by a minor and special circumstances of the

committing of the criminal offence have been determined, and information has been acquired regarding the minor that mitigates his or her liability.

(2)

An investigator, with the consent of a supervising public prosecutor, or a public prosecutor may dismiss criminal proceedings, and send materials regarding a minor for the application of a compulsory measure of a correctional nature.

(3)

A public prosecutor may dismiss criminal proceedings, conditionally releasing from criminal liability.

(4)

The termination of criminal proceedings on the basis of a settlement shall not be permitted, if information has been acquired that the settlement was achieved as a result of threats or violence, or by the utilisation of other illegal means.

(5)

The termination of criminal proceedings, releasing a person from criminal liability, shall not be permitted, if the person who has committed the criminal offence, or the representative thereof, objects to such termination.

Section 380. Circumstances that do not Exonerate Persons

A person shall not be exonerated, if criminal proceedings have been terminated with a decision that is provided for in Section 377, Paragraph one, Clauses 3, 4, and 5, Section 379, Paragraphs one and two, Section 410, Paragraph one, Sections 415 and 421, Section 605, Paragraph one, or Section 615, Paragraph three of this Law, or in the case of a judgment of conviction.

Section 381. Actualisation of a Settlement

(1)

In the case of a settlement, an intermediary trained the by State Probation Service may facilitate the conciliation of a victim and the persons who committed a criminal offence.

(2)

In determining that a settlement is possible in criminal proceedings, and that the involvement of an intermediary is useful, a person directing the proceedings may inform the State Probation Service regarding such possibility or usefulness.

(3)

A settlement shall indicate that such settlement has been entered into voluntarily, with each party understanding the consequences and conditions thereof. A settlement shall be attached to a criminal case.

(4)

During a court session, a settlement may be announced orally, and such announcement shall be entered in the minutes of the court session.

(5)

A settlement shall be signed by both parties – the victim and the person who committed the criminal offence – in the presence of a person directing the proceedings or an intermediary trained by the State Probation Service, who shall certify the signatures of the parties. The parties may also submit a notarially certified settlement to the person directing the proceedings.

Section 382. Procedures for Performing Procedural actions

(1)

A person directing the proceedings shall select and perform procedural actions, within the framework of criminal proceedings, in order to ensure the reaching of the purpose of criminal proceedings as quickly and economically as possible.

(2)

If necessary and if required by the interests of criminal proceedings, a procedural action may be performed using technical means (teleconference, video conference) in accordance with the procedures specified in Section 140 of this Law.

Section 383. Renewal of a Lost Criminal Case

(1)

If a criminal case has been lost, a public prosecutor or court shall take a decision regarding the renewal thereof and, if necessary, transfer such case to a pre-trial investigating institution.

(2)

The materials of a criminal case shall be renewed by preparing copies of the relevant documents, if the acquisition of such document is possible, and by performing de novo the necessary procedural actions.

Division Seven Pre-trial Criminal Proceedings

Chapter 31 General Provisions of Pre-trial Criminal Proceedings

Section 384. Content of Pre-trial Criminal Proceedings

In pre-trial criminal proceedings, performing an investigation and criminal prosecution, the following shall be ascertained:

1) whether a criminal offence has taken place;

2) the person who is to be held criminal liable;

3) whether grounds exist for the termination or completion of criminal proceedings, or the directing thereof to court.

Section 385. Types of Pre-trial Criminal Proceedings

(1)

During the course of criminal proceedings, a person directing the proceedings shall select one of the following types of pre-trial proceedings: 1) to direct criminal proceedings in order to terminate such proceedings, conditionally releasing from criminal liability; 2) to direct criminal proceedings in order to apply an injunction of a public prosecutor regarding a penalty; 3) to direct criminal proceedings in accordance with urgent procedures; 4) to direct criminal proceedings in accordance with summary procedures; 5) to direct criminal proceedings for the application of agreement proceedings;

6) to perform an investigation and criminal prosecution in accordance with general procedures.

(2)

A person directing the proceedings shall enter the selected type of proceedings in the criminal proceedings register in the case where the further direction of the proceedings differs from general procedures. If proceedings take place in accordance with general procedures, such proceedings shall not be indicated in the register.

Section 386. Pre-trial investigating institutions

The following shall perform a pre-trial investigation within the framework of the competence thereof:

1) the State Police;

2) the Security Police;

3) the Fiscal Police;

4) the Military Police;

5) the Prisons Administration;

6) the Corruption Prevention and Combating Bureau;

7) customs authorities;

8) the State Border Guard;

9) the captains of seagoing vessels at sea;

10) the commander of a unit of the Latvian National Armed Forces located in the territory of a foreign state.

Section 387. Institutional Jurisdiction

(1)

Officials authorised by the State Police shall investigate any criminal offence, with the exception of the cases specified in Paragraphs two to ten of this Section, except if the Prosecutor General has assigned the performance thereof.

(2)

Officials authorised by the Security Police shall investigate criminal offences that have been performed in the field of State security or in State security institutions, or other criminal offences within the framework of the competence thereof and in cases where the Prosecutor General has assigned the performance thereof.

(3)

Officials authorised by the Fiscal Police shall investigate criminal offences in the field of State revenue and in the actions of officials and employees of the State Revenue Service.

(4)

Officials authorised by the Military Police shall investigate criminal offences committed in the military service and in military units, or in the places of deployment thereof, as well as criminal offences committed in connection with the execution of official duties by soldiers, national guardsmen, or civilians working in military units.

(5)

Officials authorised by the Prisons Administration shall investigate criminal offences committed by detained or convicted persons, or by employees of the Prisons Administration in places of imprisonment.

(6)

Officials authorised by the Corruption Prevention and Combating Bureau shall investigate criminal offences that are related to violations of the provisions of the financing of political organisations (parties) and the associations thereof, and criminal offences in the State Authority Service, if such offences are related to corruption.

(7) Officials authorised by customs authorities shall investigate matters of smuggling.

(8)

Officials authorised by the State Border Guard shall investigate criminal offences that are related to the illegal crossing of the State border, the illegal transportation of a person across the State border, or illegal residence in the State, as well as criminal offences committed by a border guard as a State official.

(9)

Captains of seagoing vessels at sea shall investigate criminal offences committed on vessels of the Republic of Latvia.

(10)

The commander of a unit of the Latvian National Armed Forces shall investigate criminal offences committed by the soldiers of such unit, or that have been committed at the location of the deployment of such unit (in the closed territory of the place of residence), if the relevant investigative institutions of the foreign state are not investigating such offences.

(11)

The Prosecutor General shall determine the institutional jurisdiction of concrete criminal offences.

(12)

If the investigation of a concrete criminal offence is under the jurisdiction of more than one investigative institutions, the institution that initiated criminal proceedings first shall investigate such criminal offence.

(13)

If an investigative institution receives information regarding a serious or particularly serious crime that is taking place or has taken place, and the investigation of such offence is not included in the competence thereof, and the performance of emergency investigative actions are necessary for the arrest of the committer of the offence or for the recording of evidence, such institution shall initiate criminal

proceedings, inform the relevant competent investigative institutions regarding such initiation of proceedings, perform the emergency investigative actions, and transfer the materials of the initiated criminal proceedings on the basis of jurisdiction.

(14)

The Prosecutor General shall resolve the disputes of investigative institutions regarding the jurisdiction of criminal offences.

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Section 388. Territorial Jurisdiction of Pre-trial Criminal Proceedings

(1)

Pre-trial criminal proceedings shall take place in the district (city) in which a criminal offence has taken place, or, if the determination of such place is not possible, the place where a criminal offence was disclosed or determined, except for the cases specified in this Section.

(2)

In order to ensure faster and more economical pre-trial criminal proceedings, such proceedings may also be initiated and performed at the place where the criminal offence has been disclosed, or where the consequences of such offence have come into effect, as well as at the place where the suspect, accused, victim, or the majority of witnesses are located.

(3)

In the case of prolonged or continued criminal offences, pre-trial criminal proceedings shall take place in the district (city) in which the relevant offence was completed or interrupted.

(4)

If criminal offences have been committed in several districts, pre-trial criminal proceedings shall take place in the district (city) in which such offences were mainly committed, in which the most serious criminal offence was committed, or in which the last of the criminal offences was committed.

(5)

The investigative institution, or public prosecutor, that has received information regarding a criminal offence committed in another district (city) shall immediately transfer the received materials on the basis of jurisdiction. If emergency operations are necessary, the investigative institution shall initiate criminal proceedings, perform the emergency investigative actions, and transfer the materials of the initiated criminal proceedings on the basis of jurisdiction.

(6)

The Prosecutor General or a chief public prosecutor may remove, within the framework of the competence thereof, any criminal case from one investigative or prosecutorial institution and, with a order written in the manner of a resolution, transfer such case to another investigative or prosecutorial institution, or transfer such case from one public prosecutor or investigator to another public prosecutor or investigator regardless of the place of the committing of the criminal offence.

(7)

The chief public prosecutor of a court district, the chief public prosecutor of the Criminal Legal Department of the Office of the Prosecutor General, or the Prosecutor General shall resolve, within the framework of the competence thereof, a dispute regarding territorial jurisdiction in pre-trial criminal proceedings.

Section 389. Term of Pre-trial Proceedings

(1)

From the moment when a person who has the right to assistance of a defence counsel, or a person whose right to handle his or her property have been restricted with procedural actions, becomes involved in pre-trial proceedings, the pre-trial proceedings shall terminate or suspend all procedural compulsory measures, and restrictions of rights, in relation to the property:

1) regarding a criminal violation – within a term of six months; 2) regarding a less serious crime – within a term of nine months; 3) regarding a serious crime – within a term of twelve months; 4) regarding a particularly serious crime – within a term of eighteen months;

(2)

In criminal proceedings regarding a serious or particularly serious crime, the investigating judge may extend the term of pre-trial proceedings specified in Paragraph one of this Section by six more months but not more than by three months in one extension, if a person directing the proceedings has not allowed for a delay, or the faster completion of the proceedings has not been possible due to the particular complexity of such proceedings.

(3)

The term of pre-trial criminal proceedings referred to in Paragraph one of this Section shall be suspended, if the criminal proceedings are suspended.

[28 September 2005]

Section 390. Combination of Pre-trial Criminal Proceedings

(1)

Several criminal proceedings may be combined in one records, if: 1) the manner of the committing of the criminal offences indicates, with a high degree of certainty, the mutual connection thereof; 2) the determined facts testify that the criminal offences have been committed by one and the same person;

3) the combination of the cases has been requested by a suspect, accused, or the representative or defence counsel thereof.

(2)

Criminal proceedings regarding criminal offences that have been committed by the one and the same persons, or mutually connected persons, and that have features of organised crime shall be combined in one record.

(3)

The chief public prosecutor of a district (city), court district, or of the Criminal Legal Department of the Office of the Prosecutor General, or the General Prosecutor shall take a decision, on the basis of a proposal of a person directing the proceedings and within the framework of the competence thereof, regarding the joining of criminal proceedings in one records, entering such decision in the registers of the criminal proceedings to be combined. The decision shall not be subject to appeal.

[28 September 2005]

Section 391. Division of Pre-trial Criminal Proceedings

(1) A person directing the proceedings shall separate criminal proceedings in separate records, if:

1) information has been received, in the pre-trial proceedings, regarding a criminal offence committed by another person, and such offence is not related to the initiated criminal proceedings;

2) the identity of the person who committed the criminal offence in a group has not been ascertained in the pre-trial proceedings.

(2) A public prosecutor may separate criminal proceedings regarding the following in separate records:

1) a suspect or accused who has committed a criminal offence in a group but is hiding, and his or her whereabouts are unknown, or the whereabouts of the suspect or accused are known, but he or she is located outside of the territory of Latvia and cannot participate in proceedings;

2) an accused who is a minor and who has committed a criminal offence together with a person of legal age; 3) another criminal offence possibly committed by an accused that has become known during criminal prosecution; 4) a person for whom special procedural protection has been specified.

(3)

A public prosecutor may also divide criminal proceedings in the case where the large volume of such proceedings, or the many sections thereof, cause an impediment to the regulating of the relations of the criminal proceedings within reasonable terms.

(4)

A person directing the proceedings shall take a decision regarding the division of criminal proceedings that shall also simultaneously be recognised as a decision for the initiation of new criminal proceedings. The date of the initiation of the new criminal proceedings is the date of the taking of the decision. The decision shall not be subject to appeal.

(5)

A person directing the proceedings shall indicate the following in a decision regarding a division of criminal proceedings: 1) the reason and grounds for the division of the criminal proceedings and the initiation of the new criminal proceedings; 2) the personal data of the suspect or accused (if such data is known) in relation to whom the criminal proceedings is being divided; 3) the essence of the prosecution;

4) the qualification of the criminal offence, if such qualification is known; 5) the security measure, and the dates and term of the application thereof.

(6)

Originals or copies of the separated case materials and a list thereof shall be attached to a decision regarding the division of criminal proceedings.

(7)

A person directing the proceedings shall notify the person who has the right to assistance of a defence counsel regarding the division of criminal proceedings.

[28 September 2005]

Section 392. Termination of Pre-trial Criminal Proceedings and Criminal Prosecution

(1)

A person directing the proceedings shall terminate pre-trial criminal proceedings and criminal prosecution, if the circumstances referred to in Section 377 of this Section have been ascertained.

(2)

If the proving of the guilt of a concrete suspect or accused in the committing of a criminal offence has not been successful in pre-trial proceedings, and the gathering of additional evidence is not possible, a person directing the proceedings shall take a decision regarding the termination of criminal proceedings against such person, but the investigation shall be continued.

(3)

If a case has several accused, but criminal prosecution is being terminated in relation to one or several of such accused, criminal proceedings shall be terminated in such part, and a public prosecutor shall take a decision regarding such termination.

(4)

If criminal proceedings are terminated in the part in relation to one or several accused, a public prosecutor shall, if necessary, decide the matter regarding the division of the criminal proceedings.

(5)

A public prosecutor shall inform an accused, and the victim to whom harm has been caused by the concrete criminal offence, regarding taken decisions, and shall make the relevant entries in the criminal proceedings register.

Section 393. Renewal of Terminated Criminal Proceedings and Criminal Prosecution

(1)

A procedurally authorised person may renew terminated criminal proceedings, or terminated criminal prosecution against a person, by revoking a decision regarding termination, if it has been determined that lawful grounds for the taking of such decision did not exist, or if new circumstances have been disclosed that were unknown to a person directing the proceedings at the moment of the taking of the decision, and which have substantial significance in the taking of the decision.

(2)

Pre-trial criminal proceedings and criminal prosecution may be renewed, if the limitation period for criminal liability has not come into effect.

Section 394. Tasks in Pre-trial Criminal Proceedings

(1)

An investigator or public prosecutor may assign the performance of separate procedural actions or tasks to another investigative institution or an official authorised to perform criminal proceedings.

(2)

An assignment shall be given in writing, indicating the matters that shall be ascertained by performing the relevant investigation or other operation. The decision on the basis of which the indicated investigative action is to be performed shall be attached to the assignment, if such attachment has been determined by law. If the assignment is being given to an official of the same investigative institutions, such assignment may be expressed orally.

(3)

An assignment shall be executed not later than within a term of 10 days from the day of the receipt thereof. If the execution of an assignment is not possible within such term, the executor thereof shall notify the assignor regarding such impossibility, indicate the reason for the delay and the possible term for the execution of the assignment.

Section 395. Investigation in a Group

(1)

If a large volume of work must be performed in criminal proceedings, or criminal proceedings are particularly complex, the chief public prosecutor or head of the investigative institutions shall take a decision regarding the investigation of a criminal offence in a group, indicating the concrete persons who will participate in the investigation and criminal prosecution and appointing the performer of such criminal proceedings the head of the investigative group. Such decision shall not be subject to appeal.

(2)

An entry regarding a taken decision shall be made in the criminal proceedings register.

(3)

The head of an investigative group shall organise the work of the group and take all decisions regarding the direction of the criminal proceedings the application of security measures, and the extension of the application term.

Section 396. Prohibition on the Divulging of Information Acquired during Pre-trial Criminal Proceedings

(1)

Information acquired by a person involved in criminal proceedings by using the procedural rights thereof or by performing the procedural duties thereof shall be divulged only with the permission of a person directing the proceedings and in the amount specified by him or her.

(2)

The duty to not divulge information acquired in pre-trial proceedings shall not apply to the exchange of information between a suspect, or accused, and his or her defence counsel.

Chapter 32 Investigation

Section 397. Commencement of an Investigation

(1)

After a decision has been taken regarding the initiation of criminal proceedings, a person directing the proceedings shall perform the procedural actions provided for in this Law up to the moment when the person who is to be held criminally liable is ascertained, and sufficient evidence has been gathered for the transfer of criminal proceedings to a public prosecutor for the commencement of criminal prosecution.

(2)

If the person who has committed a criminal offence is not ascertained, an investigation shall be conducted up to the moment when the limitation period for criminal liability comes into effect, or other circumstances are ascertained that, in accordance with the provisions of this Law, do not allow for criminal proceedings.

Section 398. Significance of the Qualification of a Criminal Offence in an Investigation

(1)

In initiating criminal proceedings, the actions of the person being investigated may be qualified only on the basis of jurisdiction at the object of the group of criminal offences.

(2)

When sufficient evidence has been acquired, the offence regarding which an investigation has been commenced shall be qualified on the basis of a concrete Section of the Criminal Law, and a note shall be made regarding such qualification in the criminal proceedings register.

(3)

A person may be recognised as a suspect, and a security measure may be applied to such person, only from the moment when the offence being investigated may be qualified on the basis of a concrete Section of the Criminal Law.

Section 399. Pre-trial Proceedings on Seagoing Vessels at Sea, or in a Unit of the Latvian National Armed Forces located in the Territory of a Foreign State

(1)

An investigation shall be performed on seagoing vessels at sea by the captain of the vessel, and an investigation shall be performed in a unit of the Latvian National Armed Forces in the territory of a foreign state by the commander of such unit, in accordance with the procedures and terms specified in this Law up to the moment when the materials of the criminal proceedings may be transferred to the competent investigative institutions or the Public Prosecutor’s Office of the Republic of Latvia.

(2)

If the necessity arises to apply procedural compulsory measures, or to perform investigative actions that are to be performed only on the basis of a decision of an investigating judge, the captain of a vessel or the commander of a unit may propose such application or performance, and receive such decision, by using technical means of communication.

Section 400. Suspension of Criminal Proceedings in an Investigation

(1)

If the ascertaining of persons who have performed criminal violations or less serious crimes has not been successful in criminal proceedings within a term of two months after the day of the initiation of criminal proceedings, an investigator shall decide, with the consent of a supervising public prosecutor, the matter regarding the suspension of criminal proceedings.

(2)

Before the suspension of criminal proceedings referred to in Paragraph one of this Section, the minimal amount of procedural and investigative measures determined, in accordance with the classification of the criminal offences, by the Prosecutor General shall compulsorily be executed.

(3)

If a supervising public prosecutor determines that all the requirements of the Prosecutor General for the investigation of a concrete criminal offence have been fulfilled in criminal proceedings, a person directing the proceedings shall suspend the criminal proceedings up to the moment when the guilty person may be ascertained, or the limitation period for criminal liability has come into effect. After the suspension of criminal proceedings, investigative actions may be performed only when such criminal proceedings have been renewed.

(4)

A decision regarding the suspension of criminal proceedings shall be noted in the criminal proceedings register, and information regarding a criminal offence shall be inserted in the registers of the Ministry of the Interior.

Section 401. Completion of an Investigation

(1) An investigator shall complete an investigation: 1) by proposing the commencement of criminal prosecution in writing, and transferring the materials of the criminal case to a public prosecutor; 2) by transferring the materials of a criminal case to a public prosecutor for the

commencement of criminal prosecution on the basis of his or her initiative; 3) by taking a decision regarding the termination of criminal proceedings.

(2) An investigator shall indicate the following in a proposal: 1) the circumstances of the criminal offence; 2) the qualification of the criminal offence; 3) the given name, surname, personal identity number, and notified place of residence

of the person to be held criminally liable; 4) evidence.

(3) If criminal proceedings have been terminated in connection with the fact that circumstances have been disclosed that do not allow for an investigation in the criminal proceedings, or that provide grounds for the termination of criminal proceedings, releasing a person from criminal liability, a person directing the proceedings shall immediately notify a public prosecutor or interested persons regarding such termination, explaining the rights thereof to familiarise themselves with the materials of the criminal proceedings.

Chapter 33 Criminal Prosecution

Section 402. Grounds for Holding a Person Criminally Liable in Public Prosecution Proceedings

A person shall be held criminally liable in public prosecution proceedings, if the evidence gathered in an investigation indicates the guilt of such person in the criminal offence being investigated, and the public prosecutor is convinced that the evidence confirms such guilt.

Section 403. Commencement of Criminal Prosecution

(1) A public prosecutor – person directing the proceedings may commence criminal prosecution:

1) if he or she has received a proposal of an investigator regarding the necessity for the commencement of criminal prosecution;

2) on the basis of his or her initiative, removing the criminal proceedings from the records of the investigator.

(2)

A public prosecutor shall commence criminal prosecution, by taking a decision regarding the holding of a person criminally liable, within a term of 10 days after he or she has received the materials of the criminal case from an investigative institution.

(3)

If a prosecutor cannot discern the grounds for holding a person criminally liable, he or she shall perform one of the following operations:

1) return the criminal case to an investigative institution for the continuation of an investigation, indicating, in writing, the necessity for performing concrete procedural actions;

2) take a decision regarding the termination of criminal proceedings against the concrete person, and send the criminal case to an investigative institution in order to ascertain the guilty person;

3) take a decision regarding the termination of criminal proceedings, determining the circumstances indicated in Section 379 of this Section.

(4) A public prosecutor shall make an entry in the criminal proceedings register regarding the acceptance of criminal proceedings in record-keeping.

Section 404. Revocation of Procedural Immunity for the Commencement of Criminal Prosecution

If this Law does not specify otherwise, a person directing the proceedings, having discerned the grounds for holding a person criminally liable for whom the law has specified immunity from criminal proceedings, shall turn to the competent authority with a proposal to permit the criminal prosecution of such person. The draft of a decision regarding the holding of a person criminally liable (prosecution, which, in addition to that which has been indicated in Section 405 of this Law, shall refer to the evidence that justifies the prosecution, shall be attached to the proposal

Section 405. Decision regarding the Holding of a Person Criminally Liable (Prosecution)

(1)

The following shall be indicated in a decision regarding the holding of a person criminally liable (hereinafter also – prosecution): 1) the given name, surname, personal identity number, and notified place of residence, and place of employment of the person to be held criminally liable; 2) the actual circumstances determining legal qualification for each incriminated criminal offence; 3) legal classification of the offence; 4) persons who have suffered as a result of the criminal offence;

5) other persons who are being held criminally liable regarding joint participation or participation in the committing of the same criminal offence.

(2)

If the criminal offences have been formed in conceptual aggregation, that which is referred to in Paragraph one of this Section shall be indicated together regarding all of the criminal offences committed in such aggregation.

(3)

A decision regarding the holding of a person criminally liable shall not be subject to appeal.

Section 406. Issuance of Prosecution

(1) After a decision has been taken regarding the holding of a person criminally liable, a public prosecutor shall immediately: 1) issue a copy of the prosecution to the accused, after having become convinced of the personal identity of him or her, and explain the essence of the prosecution; 2) issue to the accused written information regarding the rights of an accused; 3) ensure for the accused the opportunity to summon a defence counsel, if such defence counsel has not already been summoned;

4) ascertain whether the accused has a defence counsel, or if there are grounds for requesting the assistance of a defence counsel with the funds of the Sate, or if the participation of a defence counsel is mandatory;

5) ascertain whether the accused has requests, whether he or she wishes to provide testimony, and whether he or she has proposals regarding the application of agreement proceedings.

(2)

An accused shall sign regarding the fact that he or she has received a copy of the prosecution, and written information regarding his or her rights, on the decision regarding the holding of him or her criminally liable, and shall indicate the date.

(3)

If an accused refuses to sign, a public prosecutor shall record such refusal in the decision, indicating the date when the copy of the prosecution, and written information regarding the rights of the accused, was issued to such accused.

(4)

If the representative and defence counsel of an accused are present at the moment of the issuance of a copy of the prosecution, such representative and defence counsel shall also sign the decision regarding the holding of such person criminally liable.

(5)

If an accused may not appear before a public prosecutor due to a justifiable reason, the public prosecutor, by common accord, may transfer a copy of the prosecution, and written information regarding the rights of an accused, to the accused personally, through the intermediation of the defence counsel or representative of the accused, with the assistance of a courier, or by post to the address for the receipt of consignments notified by such accused.

(6)

If the whereabouts of an accused are known, but he or she is evading appearance on the basis of a summons of a public prosecutor, a copy of the prosecution shall be issued to the accused after the conveyance by force of him or her, or sent by post to the address for the receipt of consignments notified by such accused.

(7)

If a search for an accused has been announced, a copy of the prosecution, and written information regarding the rights of an accused, shall immediately be issued after the receipt of a written report regarding the arrest or detention of the accused.

(8)

If an accused does not understand the language in which a prosecution has been written, a translation of the prosecution shall be ensured in a language understood by the accused.

(9)

If an accused is hiding in another state and a search for him or her has been announced, a copy of the prosecution shall be issued simultaneously with the report of the official extradition request.

Section 407. Examination of an Accused

A public prosecutor may examine an accused immediately after the issuance of a copy of the prosecution to such accused, or, if an accused requests a term in order to prepare for defence, in a mutually co-ordinated reasonable term.

Section 408. Modification of a Prosecution

(1)

If a public prosecutor has obtained additional evidence after he or she issued a decision to an accused regarding the holding of such accused criminally liable, and, as a result of such evidence, the modification of a taken decision is necessary, the prosecutor shall write a new decision regarding the holding of the relevant person criminally liable, and shall issue a copy of such new decision to the accused.

(2)

If a prosecution has not been approved regarding a criminal offence regarding which a person is being held criminally liable, a public prosecutor shall terminate criminal prosecution in such part with a decision, and he or she shall immediately send a copy of the decision to the person against whom the criminal prosecution has been terminated.

Section 409. Search for an Accused

(1)

In suspending criminal proceedings in accordance with Section 378, Paragraph one, Clause 2 of this Law, a public prosecutor shall immediately take a decision regarding a search for an accused. If necessary, a public prosecutor may take a decision regarding the application of a security measure to an accused, or regarding the modification of such decision.

(2)

A public prosecutor shall send a copy of a decision regarding a search for an accused, and a decision regarding the application of a security measure, to the State police for execution.

Section 410. Termination of Criminal Proceedings against a Person who has Substantially Assisted in the Disclosure of a Serious or Especially Serious Crime

(1)

The Prosecutor General may dismiss criminal proceedings, with a decision thereof, against a person who has substantially assisted in the disclosure of a serious or especially serious crime that is more serious or dangerous than a criminal offence committed by such person him or herself.

(2)

The provision of this Section shall not be applied to a person who is being held criminally liable for the committing of a particularly serious criminal offence.

Section 411. Types of Completion of Pre-trial Criminal Proceedings

A public prosecutor may complete pre-trial criminal proceedings:

1) by taking a decision regarding the transferring of a criminal case to a court and submitting the criminal case to the court on the basis of jurisdiction;

2) by taking a decision regarding the transferring of a criminal case to a court in accordance with urgent procedures;

3) by taking a decision regarding the transferring of a criminal case to a court in accordance with summary procedures;

4) by entering into an agreement with the accused and transferring the criminal case

to a court;

5) by applying to the accused an injunction regarding a penalty;

6) by terminated criminal proceedings, conditionally releasing from criminal liability;

7) by taking a decision regarding the termination of criminal proceedings;

8) by taking a decision and transferring the criminal case to a court for the

determination of compulsory measures of a medical or correctional nature.

Section 412. Completion of Pre-trial Criminal Proceedings by Transferring a Case to a Court

(1)

In order to suspend a prosecution in court, a public prosecutor, having recognised evidence as sufficient, shall draw up a list of the materials of a criminal case and archive file to be transferred to the court.

(2)

A public prosecutor shall include materials that are applicable to a concrete criminal offence, and that will be utilised in court as evidence, in a criminal case to be transferred to the court, and shall include materials that will not be used as evidence in an archive file.

(3)

In completing proceedings, a public prosecutor shall: 1) issue to the accused or his or her defence counsel copies of the materials to be transferred to the court, if such materials have not already been issued or decide regarding him or her becoming acquainted with the materials of the criminal case to be transferred to the court; 2) issue to accused or his or her defence counsel a list of the materials transferred to

the archives;

3) [19 January 2006]

4) notify the accused or his or her defence counsel that the accused shall submit to the

public prosecutor, immediately after receipt of copies of the materials of the criminal case or becoming acquainted with the materials of the criminal case, information regarding the fact that he or she requests the collegial adjudication of the case in a court, or wishes for the participation of a defence counsel in the adjudication of a case whose persons, on the basis of the views of the accused, should be summoned to the court session, or regarding whether the accused agrees to the possibility that the criminal case be adjudicated in prosecution, or in the permanent part thereof, without an examination of evidence.

(4)

If an accused, or, in cases of compulsory assistance of counsel, also his or her representative or defence counsel, agrees to the possibility that a criminal case be adjudication in prosecution, or in the permanent part thereof, without an examination of evidence, a public prosecutor shall write up a protocol regarding such consent, indicating therein whether the accused has agreed to the non-performance of an examination of evidence in the entire amount of the prosecution or in a concrete part thereof, and shall explain to the accused the procedural essence and consequences of such consent.

(5)

A public prosecutor shall issue to a victim, on the basis of an application of such victim, copies of the materials of a case that applies to a criminal offence in which the person has been recognised as a victim in criminal proceedings.

(6)

Copies of findings of forensic-medicine, court-psychiatric, and court-psychological expert-examinations shall not be issued, but the possibility for familiarising oneself with such expert-examinations shall be ensured. The information referred to in Section 203, Paragraph two, Clauses 1 – 5 and 9 – 10 of this Law may be copied from the referred to findings.

(7)

In familiarising him or herself with copies of received materials of the criminal case, an accused has the right to utilise the assistance of an interpreter free of charge.

(8)

If an accused becomes acquainted with the materials of the criminal case to be transferred to a court, a public prosecutor shall write an act regarding this.

(9) [19 January 2006]

(10)

After the issuing of a copy of the materials of a criminal case or becoming acquainted with the materials of the criminal case and the receipt of information from the accused, a prosecutor shall take a decision regarding the transferring of the criminal case to a court.

[19 January 2006]

Section 413. Decision regarding the Transferring of a Criminal case to a Court

(1) A public prosecutor shall indicate the following in a decision regarding the transferring of a criminal case to a court: 1) information regarding the accused person; 2) the criminal offence regarding the committing of which the person is being prosecuted and regarding which the case is being transferred to the court; 3) the qualification of the criminal offence; 4) the time, place, and manner of the committing of the criminal offence; 5) the testimony of the accused person; 6) the evidence to be used in court; 7) the applied security measure and the end time thereof; 8) the amount of victims and compensation;

9) the attachment imposed on property; 10) the aggravating and mitigating circumstances of the liability of the accused;

11) the number of pages in the criminal case.

(2)

A list of the material evidence and documents shall be attached to a decision, as well as a list of the persons who are to be summoned to a court session on the basis of the views of the prosecution and the defence. Only the list that is sent to the court shall indicate the addresses of the person to be summoned to court.

(3)

A public prosecutor shall immediately send a decision together with the materials of a criminal case to a court.

(4)

A public prosecutor shall inform an accused and victim, or the representatives thereof, regarding the taking of a decision, and the sending of a criminal case to a court, by sending such person a copy of the decision and information regarding the rights and duties thereof in court, as well as by indicating the court to which the criminal case has been sent. If the accused does not understand the official language in which a decision has been written, the public prosecutor shall ensure a written translation of the decision in a language understood by such accused.

(5)

A decision regarding the transferring of a criminal case to a court shall not be subject to appeal.

Section 414. Decision regarding the Termination of Criminal Proceedings

(1) If, in pre-trial proceedings, circumstances have been determined that do not allow for criminal proceedings or may be grounds for the releasing of a person from criminal liability, or if a prosecution has not been proven and the gathering of additional evidence is not possible, a person directing the proceedings shall take a decision regarding the termination of the criminal proceedings or a part thereof.

(2) The descriptive part of a decision shall indicate the following: 1) the grounds for the initiation of criminal proceedings; 2) information regarding a suspect or accused; 3) when the prosecution was pursued and issued, and criminal offence regarding

which the prosecution has been pursued and issued or regarding which a person is being held suspect; 4) the applied security measure; and 5) whether criminal proceedings were terminated in a part thereof against one of the accused or suspects before the taking of such decision.

(3) The reasoned part of a decision shall indicate the reasons and grounds for the termination of criminal proceedings or a part thereof.

(4) The descriptive part of a decision shall indicate the following: 1) the taken decision regarding the termination of criminal proceedings or a part

thereof; 2) the revocation of a security measure; 3) the revocation of an attachment on property; 4) actions with seized objects and valuables; 5) the procedures for the appeal of the decision.

(5)

A copy of a decision shall be sent or issued to the person against whom criminal proceedings were initiated or who was a suspect, accused, or a victim, or to the representative thereof, as well as to the person or institution on the basis of a submission of which criminal proceedings were initiated.

(6)

If criminal proceedings have been terminated, but the materials of the criminal case contain information regarding facts in connection with which disciplinary coercion measures or an administrative penalty should be applied to a person, a person directing the proceedings shall send the necessary materials to the competent institution or official.

(7)

If the criminal proceedings are terminated, but the criminal case contains information that the offence was committed by a minor, who has not reached 14 years of age, the person directing the proceedings shall decide the sending of the material to a court for the application of a compulsory measure of a correctional nature.

[19 January 2006]

Chapter 34 Special Features of Pre-trial Proceedings in Terminating Criminal Proceedings, Conditionally Releasing from Criminal Liability

Section 415. Termination of Criminal Proceedings, Conditionally Releasing from Criminal Liability

(1)

If a public prosecutor, taking into account the nature of and injury caused by a committed criminal offence, personal characterising data, and other conditions of a case, achieves conviction that an accused will hereinafter not commit criminal offences, the prosecutor may dismiss criminal proceedings, conditionally releasing from criminal liability.

(2)

In order to obtain personal characterising data, a public prosecutor may request an evaluation report from the State Probation Service.

(3)

The termination of criminal proceedings, conditionally releasing from criminal liability, shall be allowed only if: 1) a person is prosecuted regarding the committing of a criminal violation or a less serious crime; 2) a person has not previously been penalised regarding an intentional criminal offence; 3) criminal proceedings have not been terminated against a person, conditionally releasing from criminal liability, within a term of the last five years;

4) a higher-ranking public prosecutor agrees to such termination of proceedings and makes a note in the criminal proceedings register regarding such termination.

(4)

The termination of criminal proceedings shall be allowed only with the voluntarily and clearly expressed consent of the accused.

(5)

In terminating criminal proceedings, conditionally releasing from criminal liability, a public prosecutor shall determine a term for an examination of three to eighteen months.

(6)

In terminating criminal proceedings, conditionally releasing from criminal liability, a person directing the proceedings may impose upon the accused the duties provided for in the Criminal Law.

[19 January 2006]

Section 416. Decision regarding the Termination of Criminal Proceedings, Conditionally Releasing from Criminal Liability

A public prosecutor shall indicate the following in a decision regarding the termination of criminal proceedings, conditionally releasing from criminal liability:

1) the criminal offence regarding the committing of which a person has been prosecuted;

2) the grounds for the termination of criminal proceedings;

3) the term for an examination;

4) the duties imposed on the accused person;

5) the authority to which the controlling of the behaviour of the relevant person has been assigned;

6) the revocation of an applied security measure.

Section 417. Familiarisation with a Decision and the Materials of a Criminal Case

(1)

A copy of a decision shall be issued to the person in relation to whom criminal proceedings are being terminated, conditionally releasing from criminal liability, and the consequences of such termination of criminal proceedings shall be explained to such person. The person shall certify with a signature thereof that he or she agrees to the qualification of the criminal offence and voluntarily undertakes the execution of the duties referred to in the decision.

(2)

A public prosecutor shall send to a victim a copy of a decision regarding the termination of criminal proceedings, conditionally releasing from criminal liability, and notify regarding his or her rights to familiarise him or herself with the materials of the criminal case and appeal the taken decision.

(3)

A decision shall enter into effect, if a victim has not appealed a report within a term of 10 days after the receipt thereof, or his or her complaint has been rejected.

Section 418. Consequences of the Termination of Criminal Proceedings, Conditionally Releasing from Criminal Liability

(1)

A decision regarding the termination of criminal proceedings in full amount shall enter into effect after the termination of the term of an examination and the execution of specific duties.

(2)

If a person fulfils imposed duties and does not commit a new intentional criminal offence during the term of an examination, it shall be considered that criminal proceedings against such person have been terminated and may not be renewed against

such person regarding the same offence, except for the special cases provided for in this Law.

(3)

Criminal proceedings regarding the same offence in relation to a person against whom such proceedings were terminated, conditionally releasing from criminal liability, may be renewed only in the following cases:

1) the person has not fulfilled the duties imposed on him or her; 2) the person has committed a new intentional criminal offence during the term of

examination; 3) a public prosecutor has taken a decision in a conflict of interest situation; 4) the person has influenced testifying persons, with an illegal activity thereof, to

provide false testimony or has otherwise falsified evidence; 5) new circumstances have been disclosed that were unknown to the public prosecutor at the moment of the taking of the decision, and which confirm that the person has actually committed a serious or especially serious crime that, as a result of the lack of knowledge of such circumstances, has been incorrectly qualified as a criminal violation or a less serious crime.

(4) If a decision has entered into effect in full amount after the execution of conditions, and criminal proceedings have not been renewed in the cases provided for in Paragraph two of this Section, such offence shall not cause repetition of criminal offences. The Information Centre of the Ministry of the Interior shall store information regarding the termination of criminal proceedings, conditionally releasing from criminal liability.

Section 419. Supervision of the Termination of Criminal Proceedings, Conditionally Releasing from Criminal Liability

(1)

A public prosecutor who has taken a decision regarding the termination of criminal proceedings, conditionally releasing from criminal liability, shall make a note in the decision, after the termination of the term of an examination and based on the behaviour of the person and information provided by a controlling authority, regarding the execution of conditions and the entering into effect of the decision in full amount.

(2)

If the circumstances referred to in Section 418, Paragraph three of this Section have been determined, a public prosecutor shall revoke a decision, renew criminal proceedings, and direct such proceedings in accordance with general procedures.

Chapter 35 Special Features of Pre-trial Criminal Proceedings, Applying the Injunction of a Public Prosecutor regarding a Penalty

Section 420. Injunction of a Public Prosecutor regarding the Admissibility of the Application of a Penalty

(1)

If a person has committed a criminal violation or a less serious crime, and a public prosecutor, taking into account the nature of and injury caused by the committed criminal

offence, the personal characterising data, and other circumstances, has achieved the conviction that a penalty related to deprivation of liberty should not be applied to such person, yet such person may not be left without a penalty, he or she may end the criminal proceedings, drawing up an injunction regarding a penalty.

(2)

In order to obtain personal characterising data, a public prosecutor may request an evaluation report from the State Probation Service.

(3)

If one person has committed several criminal offences, an injunction regarding a penalty may be applied only regarding all of the criminal offences thereof.

(4)

If several persons have been prosecuted regarding one criminal offence, an injunction regarding a penalty may be applied to a person for whom such application is possible in accordance with this Law.

(5)

A public prosecutor shall draw up an injunction regarding a penalty, if an accused admits his or her guilt, has compensated the injury cased to a victim, and agrees to the termination of criminal proceedings by applying a penalty to him or her.

[19 January 2006]

Section 421. Injunction of a Prosecutor regarding a Penalty

(1)

If a public prosecutor has determined that criminal proceedings may be ended by determining a penalty for a person, he or she shall draw up an injunction regarding a penalty, which shall include the decision regarding the termination of criminal proceedings and the operative part of which shall indicate the penalty and the term for the execution thereof.

(2)

A public prosecutor, in his or her injunction regarding a penalty, may apply a pecuniary penalty or community service to an accused person, yet not more than half of the maximum pecuniary penalty or duration of community service provided for in the Criminal Law.

(3)

A public prosecutor may also apply an additional penalty – restriction of rights – yet not more than half of the maximum duration of an additional penalty provided for in the Criminal Law.

[19 January 2006]

Section 422. Familiarisation with the Materials of a Criminal Case

(1)

Copies of an injunction and of the materials of a criminal case shall be issued to the person against whom criminal proceedings are being terminated by such injunction of a public prosecutor regarding a penalty, and the consequences of the termination of criminal proceedings shall be explained to such person. The person shall sign that he or she agrees to the qualification of the criminal offence and undertakes the execution of the penalty specified in the injunction. The accused may express his or her consent immediately or within a term of five working days from the day of the receipt of the copies.

(2)

A person directing the proceedings shall send to a victim a copy of an injunction regarding a penalty, and shall inform such victim regarding his or her rights to familiarise

him or herself with the materials of the criminal case, as well as to appeal a taken decision within a term of 10 days after the receipt of the report.

Section 423. Consequences of an Injunction of a Public Prosecutor regarding a Penalty

(1)

A person shall be considered not penalised, if such person has not committed a new criminal offence within a term of one year from the day of the execution of the imposed penalty.

(2)

If a person has agreed to an injunction regarding a penalty, yet does not execute such penalty, the authority responsible for the execution of the penalty shall propose, in accordance with the procedures specified in this Law, a matter regarding the replacement of the penalty in accordance with procedures provided for by law.

[28 September 2005]

Chapter 36 Special Features of Pre-trial Proceedings, Applying Urgent Procedures

Section 424. Admissibility of the Application of Urgent Procedures

In commencing an investigation, a person directing the proceedings may apply urgent procedures, if:

1) the person who committed the criminal offence has been ascertained, because such person was surprised at the moment of the committing of the criminal offence or immediately after the committing thereof;

2) the person has committed a criminal violation, a less serious crime, or a serious crime;

3) the completion of the investigation, in accordance with emergency procures in the amount specified for such investigation, is possible in three working days.

Section 425. Direction of an Investigation in Accordance with Urgent Procedures

(1) A person directing the proceedings shall do the following after the commencement of an investigation in accordance with urgent procedures: 1) ascertain the circumstances of the committed criminal offence; 2) ascertain the victim of the criminal offence; 3) ascertain the nature and amount of injury caused by the criminal offence; 4) ascertain the eyewitnesses of the event; 5) perform a questioning of eyewitnesses and of the person against whom criminal proceedings have been initiated; 6) if necessary, perform an inspection of the site of the event, or other investigative

actions; 7) record all that has been determined in a single protocol;

8) take a decision regarding the recognition of a person as a suspect, may decide the issue of application of security measures; and 9) ascertain other circumstances that have significance in the deciding of the matter.

(2) Within a term of three working days after the commencement of an investigation, a person directing the proceedings shall submit the materials of a case together with a cover letter to the supervising public prosecutor, and shall make a note regarding such submission in the minutes of the criminal proceedings.

[28 September 2005; 19 January 2006]

Section 426. Activities of a Public Prosecutor in Pre-trial Criminal Proceedings in Accordance with Urgent Procedures

(1)

A public prosecutor shall decide regarding the continuation of proceedings in accordance with urgent procedures within a term of two working days after the receipt of materials.

(2)

If a public prosecutor does not agree to the continuation of proceedings in accordance with emergence procedures, because he or she determines circumstances that do not allow for such continuation, or he or she believes that sufficient evidence has not been gathered in order for a court to prove the guilt of the suspect, such public prosecutor shall send the materials back to the investigative institution for the continuation of criminal proceedings in accordance with general procedures. The public prosecutor may continue the criminal proceedings according to general procedures.

(3)

If a public prosecutor agrees to the continuation of proceedings in accordance with urgent procedures, he or she shall take a decision regarding the transferring of the criminal case to a court.

[19 January 2006]

Section 427. Decision regarding the Transferring of a Criminal Case to a Court in Accordance with Urgent Procedures

(1) A public prosecutor shall indicate the following in a decision regarding the transferring of a criminal case to a court in accordance with urgent procedures:

1) the person regarding whose offence criminal proceedings are taking place (given name, surname, personal identity number, notified place of residence and place of employment);

2) the criminal offence regarding the committing of which a person is being prosecuted and transferred to a court; 3) the qualification of the criminal offence; 4) the evidence to be used in court; 5) the aggravating and mitigating circumstances of the liability of the accused; 6) the applied security measure; and 7) the amount of victims and compensation; 8) the place and time of the trial of the matter.

(2)

A public prosecutor shall determine the term for the trial of a matter by coordinating such term with a court, yet the term up to a court session shall not be permitted to be shorter than three or longer than 10 working days, counting from the day when a copy of a decision was issued to the accused.

(3)

A list of material evidence and documents shall be attached to a decision, as well as a list of the persons who are to be summoned to a court session on the basis of the views of the prosecution and the defence. A public prosecutor shall send a summons to the court session simultaneously to all persons to be summoned.

(4)

A taken decision regarding the transferring of a criminal case to a court shall simultaneously be recognised also as a decision regarding the holding of a person criminally liable.

(5)

A copy of a decision shall be immediately issued to an accused together with copies of case materials. A copy of the decision shall also be submitted to a victim.

(6)

After the issuance of a copy of a decision, a public prosecutor shall send the taken decision and materials of the criminal case to a court.

(7)

A decision regarding the transferring of a criminal case to a court in accordance with urgent procedures shall not be subject to appeal.

Chapter 37 Special Features of Pre-trial Proceedings in Accordance with Summary Procedures

Section 428. Admissibility of the Application of Summary Procedures

A person directing the proceedings may perform an investigation in accordance with summary procedures, if:

1) the person who committed the criminal offence has been ascertained;

2) the completion of the investigation is possible within a term of 10 days.

Section 429. Direction of an Investigation in Accordance with Summary Procedures

(1)

A person directing the proceedings shall do the following after the commencement of an investigation: 1) ascertain the circumstances of the committed criminal offence; 2) ascertain the victim of the criminal offence; 3) ascertain the nature and amount of injury caused by the criminal offence; 4) perform the necessary investigative actions; 5) take a decision regarding the recognition of a person as a suspect;

6) if necessary, arrest the suspect or apply a security measure to him or her; 7) ascertain other circumstances that have significance in the deciding of the case.

(2)

Within a term of 10 days after the day of the commencement of an investigation, a person directing the proceedings shall submit to a public prosecutor case materials along with the proposal regarding the commencement of criminal prosecution.

(3)

In a proposal, a person directing the proceedings shall provide a short description of the offence being investigated, the qualification thereof, and shall indicate the data of the person who is possibly guilty.

Section 430. Operations of a Public Prosecutor in Pre-trial Summary Proceedings

(1)

If a public prosecutor does not agree to the continuation of proceedings in accordance with summary procedures, because he or she determines circumstances that do not allow for such continuation, or he or she believes that sufficient evidence has not been gathered in order to bring a prosecution against a suspect and prove such prosecution in court, such public prosecutor shall send the materials back to the investigative institution for the continuation of criminal proceedings in accordance with general procedures. The public prosecutor may continue the criminal proceedings according to general procedures.

(2)

If a public prosecutor agrees to the continuation of proceedings in accordance with summary procedures, he or she shall take a decision regarding the transferring of the criminal case to a court.

(3)

A public prosecutor shall take a decision and send a criminal case to court within a term of 10 days.

[19 January 2006]

Section 431. Decision regarding the Transferring of a Criminal Case to a Court in Accordance with Summary Procedures

(1)

A public prosecutor shall indicate the following in a decision regarding the transferring of a criminal case to a court in accordance with summary procedures: 1) the person regarding whose offence criminal proceedings are taking place (given name, surname, and personal identity number); 2) the criminal offence regarding the committing of which a person is being prosecuted and transferred to a court; 3) the qualification of the criminal offence; 4) the evidence to be used in court; 5) the applied security measure; 6) the attachment imposed on property;

7) the aggravating and mitigating circumstances of the liability of the accused; 8) information regarding the person of the accused;

(2)

A list of material evidence and documents shall be attached to a decision, as well as a list of the persons who are to be summoned to a court session on the basis of the views of the prosecution and the defence.

(3)

A taken decision regarding the transferring of a criminal case to a court shall simultaneously be recognised also as a decision regarding the holding of a person criminally liable, and such decision shall not be subject to appeal.

Section 432. Familiarisation with Case Materials in Summary Proceedings

(1)

A copy of a decision regarding the transferring of a criminal case to a court in accordance with summary proceedings shall be submitted to an accused together with the materials of the case. A copy of the decision shall also be submitted to a victim.

(2) [19 January 2006]

(3)

After the implementation of the activities referred to in Paragraph one of this Section, a public prosecutor shall send the materials of the criminal case together with a decision regarding the transfer of the criminal case to a court in accordance with summary procedures.

[19 January 2006]

Chapter 38 Application of an Agreement in Pre-trial Criminal Proceedings

Section 433. Grounds for the Application of an Agreement

(1)

A public prosecutor may enter into an agreement, on the basis of his or her own initiative or the initiative of an accused or his or her defence counsel, regarding an admission of guilt and a penalty, if circumstances have been ascertained that apply to an object of proof, and the accused agrees to the amount and qualification of his or her incriminating offence, an assessment of the injury caused by such offence, and the application of agreement proceedings.

(2)

Agreement proceedings may not be applied, if there are several accused persons in one criminal proceedings and if an agreement regarding an admission of guilt and a penalty may not be applied to all the accused persons.

Section 434. Negotiations regarding the Entering into of an Agreement

(1) If, in pursuing a prosecution or continuing criminal prosecution, a public prosecutor considers as possible the entering into an agreement, he or she shall perform the following operations:

1) explain to an accused, or the representative of an accused who is a minor, the possibility to regulate criminal-legal relations by entering into an agreement, and the rights of the accused in entering into an agreement, and the consequences of such entering into of an agreement;

2) inform a victim regarding his or her rights to express his or her views regarding the possible application of agreement proceedings.

(2)

Having received the consent of an accused, or of the representative of an accused who is a minor, to enter into an agreement, a public prosecutor shall prepare a draft of the

agreement and commence negotiations with the accused, his or her defence counsel, or the representative of the accused who is a minor regarding the elements of the agreement.

(3)

If an accused, or the representative of an accused who is a minor, agrees to a prosecution that has been pursued and issued, the qualification of the criminal offence, and the assessment of the injury caused by such offence, negotiations shall be commenced regarding the type and amount of a penalty, which a public prosecutor will request for a court to apply.

Section 435. Rights of an Accused in Agreement Proceedings

(1) An accused has the following rights in agreement proceedings: 1) to agree or not agree to the entering into an agreement; 2) to submit a recusal; 3) to express his or her proposal regarding the type and amount of a penalty; 4) to receive copies of the materials of the criminal case after the entering into an

agreement;

5) to be informed of the criminal offence regarding the committing of which he or she will be prosecuted in court, and the type and amount of penalty that the prosecutor will

request for the court to apply;

6) to participate in the adjudication of the agreement in court;

7) to provide explanation regarding the course of the agreement;

8) to refuse the entered into agreement up to the moment where the court retires to the

deliberation room in order to make an adjudication; 9) to appeal the adjudication; 10) to familiarise him or herself with the minutes of the court session; 11) to receive the legal assistance of a defence counsel.

Section 436. Rights of a Victim in Agreement Proceedings

(1) If criminal proceedings are continued as agreement proceedings, a person directing the proceedings – public prosecutor shall issue to a victim a copy of the minutes of the agreement.

(2) A victim has the following rights: 1) to submit a recusal; 2) to receive information in a timely manner regarding where and when a court will

examine an agreement;

3) to participate in the adjudication of the agreement in court;

4) to express his or her objections to the approval of the agreement;

5) to submit a cassation complaint regarding violations of the procedures of

agreement proceedings or violation of the norms of the Criminal Law; 6) to participate in the adjudication of a case in a court of cassation in accordance with the procedures specified in Section 101 of this Law.

Section 437. Minutes of an Agreement

(1) The minutes of an agreement shall indicate the following: 1) the place and date of the occurrence of the operation; 2) the position, given name, and surname of the performer of the procedural action; 3) the given name, surname, and personal identity number (or, if such personal

identity number does not exist, the year and date of birth) of an accused or the representative of an accused – minor person, and the given name, surname, and place of practice of a defence counsel;

4) the time and place of the committing of the criminal offence, and a short description of such offence; 5) the qualification of the criminal offence; 6) the amount of harm caused by the criminal offence, and an agreement regarding the compensation of such harm; 7) the aggravating and mitigating circumstances of the liability of the accused; 8) information regarding the accused person; 9) the penalty that a public prosecutor will request for the court to apply.

(2)

If an accused has committed several criminal offences, a public prosecutor shall indicate the penalty that he or she will request to be applied regarding each of the criminal offence, and the final penalty. Such provision shall also be complied with in cases where a penalty is specified for an accused after several judgments.

(3)

An agreement shall be signed by an accused, a defence counsel, the representative of an accused – minor person, and a public prosecutor, and a copy of such agreement shall be issued to the accused or his or her representative.

Section 438. Sending of a Criminal Case to a Court

(1) After the entering into an agreement, a public prosecutor shall send the materials of a criminal case together with the minutes of the agreement to a court, proposing for such court to approve the entered into agreement.

(2) In a proposal to a court, a public prosecutor shall: 1) inform regarding an entered into agreement; 2) inform regarding a security measure applied to an accused; 3) refer to evidence that confirms the committing of a criminal offence and the guilt

of the accused; 4) indicate the amount of harm caused by the criminal offence, and an agreement

regarding the compensation of such harm;

5) inform regarding the expenditures of pre-trial proceedings;

6) refer to material evidence, the location thereof, and resources that have been used

for the ensuring of compensation and of a possible confiscation of property; 7) request for the court to approve the entered into agreement and impose the penalty provided for in such agreement.

(3)

A public prosecutor shall inform an accused, his or her defence counsel, a victim, and the representatives thereof in writing regarding the court to which a case has been sent.

(4)

After the sending of a case to a court, all requests and complaints shall be sent directly to the court.

Chapter 39 Special Features of Pre-trial Criminal Proceeding Applying Coercive Measures to a Legal Person

Section 439. Procedures for Criminal Proceedings

(1)

If it has been ascertained during the course of criminal proceedings that a natural person, acting individually or as a member of a collegial authority of the relevant legal person, has committed a criminal offence in the interests of such legal person based on the right to represent the legal person, operate under the assignment thereof, or take decisions on behalf of the legal person, or in actualising control within the framework of the legal person or while in the service of the legal person, a person directing the proceedings may take a reasoned decision regarding the fact that proceedings are being initiated for the application of coercive measures to the legal person.

(2)

Proceedings for the application of coercive measures to a legal person shall take place within the framework of the criminal proceedings in which the natural person referred to in Paragraph two of this Section has been recognised as a suspect or is being held criminally liable.

(3)

In initiating proceedings for the application of coercive measures, a person directing the proceedings shall notify the relevant legal person regarding such initiation by sending a copy of a decision, and shall inform regarding the rights and duties of a representative of such person.

Section 440. Circumstances to be Ascertained in Pre-trial Criminal Proceedings

The following shall be ascertained in pre-trial proceedings for the application of coercive measures to a legal person:

1) the circumstances of the committing of the criminal offence;

2) the status of the natural person in the authorities of the legal person;

3) the actual actions of the legal person;

4) the nature of the operations performed by the legal person, and the consequences caused by such operations;

5) the measures performed by the legal person in order to prevent the committing of the criminal offence;

6) the size, type of occupation, and financial situation of the legal person.

Section 441. Completion of Pre-trial Criminal Proceedings

In completing pre-trial proceedings and taking a decision regarding the transferring of a criminal case to a court, a public prosecutor shall indicate, in additional to general requirements, the circumstances referred to in Section 440 of this Law that have been ascertained in proceedings, and the grounds for the application of coercive measures to a legal person.

Division Eight General Provisions of Court Proceedings