Fiches Belges: Lotwa
Przechwytywanie poczty (104) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Control of a post-offices or persons who render parcel delivery services, of the parcel given under their responsibility without consent of the sender and addressee is executed if there is a reason to believe that the parcels contain or may contain information about the facts and if without this action acquisition of the necessary information is impossible or cumbersome. Operational correspondence control is permitted to monitor the outgoing and incoming postal, telegraphic and other types of correspondence of such persons, and electronic communications and other types of systems that are at their disposal for the sending and receipt of such correspondence. Correspondence control is executed if there is a reason to believe that the parcels contain or may contain information about the facts and if without this action acquisition of the necessary information is impossible or cumbersome. |
2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | Convention on Mutual Assistance of the European Union Member States in Criminal Matters, adopted by the Council on 29 May 2000 in accordance with Article 34 of the Treaty on the European Union.
Convention Nr.30 on Mutual Assistance in Criminal Matters adopted by the Council of Europe on 20 April 1959. |
3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | the Ministry of Interior (*) - during pre-trial investigation until prosecution ;
Ciekurkalna 1st line 1, k-2
Riga, LV-1026
Latvia
Phone: +371 67219263
Fax: +371 67829686
E-mail: kanceleja@iem.gov.lv
Website : www.iem.gov.lv | * execute/recognise the measure (if other than the receiving authority) | investigatevi judge |
4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | Latvian/English (for the execution of urgent request/decision the priority is the Latvian language) |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | no time limit |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | Section 853 of Criminal Procedure Law "Performance of Special Investigative Actions"
A special investigative action shall be performed on the basis of a request of a foreign state only in a case where such operation would be admissible in criminal proceedings taking place in Latvia regarding the same offence. | b. Other useful information | Control of a post-offices or persons who render parcel delivery services, of the parcel given under their responsibility without consent of the sender and addressee is executed on the basis of the decision of an investigative judge. Post-offices or persons who render parcel delivery services notify the official about the time when the parcel is in their diposal. The official immediately, but not later than within 48 hours after receipt of information examines the content of the parcel and decides about seizure or further sending of this parcel with or without copying, photographing or recording in any other way of the content. In all the cases the official writes examination protocol of the parcel in the presence of the representative of the conveyer.
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