Fiches Belges
Measure Implementation
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Fiches Belges: Latvia

Transfer of proceedings (1001)

1. MEASURE IMPLEMENTATION

Latvia

Is this measure possible in your Member State under International Judicial Cooperation?

Transfer of criminal proceeding is possible in accordance with Chapter 67 of Criminal Procedure Law "Takeover in Latvia of Criminal Proceedings Commenced in a Foreign State". The takeover of criminal proceedings is the continuation in Latvia of criminal proceedings commenced in a foreign state, on the basis of a request of the foreign state or with the consent thereof, if such continuation is required by procedural interests and the offence is punishable in accordance with The Criminal Law.

2. LEGAL FRAMEWORK

Latvia

International legal framework applicable for this measure in your Member State

"European Convention on the Transfer of Proceedings in Criminal Matters Strasbourg, 15.V.1972 "

3. COMPETENT AUTHORITY TO:

Latvia

* receive the request/decision for judicial cooperation

In the pre-trial criminal proceedings, the Prosecutor General’s Office shall adjudicate and decide requests regarding the takeover of criminal proceedings. In the trial of a criminal case, the Ministry of Justice shall examine and decide requests regarding the takeover of criminal proceedings. Section 728 of Criminal Procedure Law ""Deciding of a Request for the Takeover of Criminal Proceedings"" (1) Having adjudicated a request of a foreign state, necessary documents, and additional information, if such information was requested, the competent authority shall take one of the following decisions: 1) on takeover of criminal proceedings and the transfer thereof for the performance of proceedings; 2) on rejection of a request for the takeover of criminal proceedings. (2) The decision referred to in Paragraph one of this Section shall be immediately sent, together with a translation thereof, to the state that submitted the request.

* execute/recognise the measure (if other than the receiving authority)

by competent authority determined institution

4. ACCEPTED LANGUAGES

Latvia

Accepted languages for the request/decision

the Republic of Latvia requires that all documents shall be accompanied by a translation into English language.

5. EXECUTION DEADLINE

Latvia

Deadlines for the execution of the request/decision (where applicable)

Terms for the Adjudication of a Request for the Takeover of Criminal Proceedings (1) A request for the takeover of criminal proceedings shall be decided within 10 days, and, if the amount of material is particularly large, such request shall be decided within 30 days. (2) In particular cases where the translation of documents is necessary, a request for the takeover of criminal proceedings shall be decided after receipt of the translation within the terms provided for in Paragraph one of this Section. (3) If additional information is necessary for deciding, competent authorities shall request such additional information from the state of the submitter of the request. After receipt of additional information, a matter shall be decided within the terms provided for in Paragraph one of this Section. (4) If proceedings regarding an offence may be commenced in Latvia only on the basis of a complaint of a victim, but such complaint has not been attached to received materials, the competent authority shall immediately inform the victim and take a decision after receipt of the consent or refusal of the victim. If the victim has not provided an answer within 30 days, proceedings may be terminated.

6. CONCISE LEGAL PRACTICAL INFORMATION

Latvia

a. Special requirements

Grounds for the Takeover of Criminal Proceedings (1) The following are grounds for the takeover of criminal proceedings: 1) a request submitted by a foreign state regarding the takeover of criminal proceedings (hereinafter also – request for the takeover of criminal proceedings), and the consent of Latvia to take over such criminal proceedings; 2) a request submitted by Latvia regarding the transfer of criminal proceedings (hereinafter also - request for the transfer of criminal proceedings), and the consent of a foreign state to transfer such criminal proceedings; (2) If an offence in connection with which the takeover of criminal proceedings is being requested (hereinafter in Chapters 67 and 68 – offence) is not criminally punishable in Latvia, but is punishable in accordance with other laws the submitter of the request shall immediately be informed thereof, without taking over the criminal proceedings. The receipt of consent is grounds for the continuation of proceedings in accordance with the procedures provide for in Latvian law.Reasons for the Rejection of a Request for the Takeover of Criminal Proceedings (1) The takeover of criminal proceedings shall not be admissible, if: 1) the offence in connection with which the takeover of criminal proceedings is being requested is not considered criminal in accordance with The Criminal Law; 2) a limitation period of criminal liability has entered into effect, or the six months by which a limitation period has been extended have passed, if the offence comes into the criminal-legal jurisdiction of Latvia only in accordance with a request regarding the takeover of criminal proceedings; 3) evidence has not been obtained that provides grounds for holding a person suspect or accusing a person in the committing of an offence; 4) a final adjudication has been rendered in Latvia regarding the same offence; 5) a request regarding a takeover of criminal proceedings in which a judgment of conviction has entered into effect has been submitted by a state with which Latvia does not have an agreement regarding mutual recognition and execution of court judgments rendered in criminal proceedings, and, in addition, such state has the opportunity to execute an imposed punishment itself. A request for the takeover of criminal proceedings may not be fulfilled, if: 1) such request is not sufficiently justified; 2) the person who is suspected or is accused in the committing of the offence only resides in Latvia occasionally; 3) there are grounds to believe that the offence is political or expressly military, or the request has been submitted in order to prosecute a person due to his or her race, religious affiliation, nationality, gender, or political views; 4) the offence was not committed in the territory of the state that submitted the request; 5) the takeover of criminal proceedings would be in contradiction to the international obligations of Latvia toward another state; 6) the continuation of proceedings does not comply with the principles of the judicial system of Latvia; (3) Latvia does not have an agreement regarding the takeover of criminal proceedings with the state of the submitter of the request.

b. Other useful information

In pursuance of Appendix II of the Convention, the Republic of Latvia defines that within the meaning of this Convention the term ""nationals"" relates to the citizens of the Republic of Latvia and non-citizens who are subjects of the Law on the Status of Former USSR Citizens who are not Citizens of Latvia or any other State.

Last reviewed on 20 March 2019 by Tools Correspondent

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