Fiches Belges: Lotwa
Obserwacja (105) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Section 223 of Criminal Procedure Law "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 to believe 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, for a term up to 30 days which an investigating judge may extend, if necessary.
(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 of Criminal Procedure Law " 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 to believe that information regarding facts included in circumstances to be proven may be acquired as a result of surveillance.
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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) | investigative 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 | Section 224 of Criminla Procedure Law. 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 to believe that information regarding facts included in circumstances to be proven may be acquired as a result of surveillance.
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