Fiches Belges: Lotwa

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

Search is an investigatory operation which is coercive search of a space, territory, vehicle or a person for the purpose of finding and seizure of objects, if there is a sufficient reason to believe the that wanted object is in the place of search. If the person does not agree to inspection, it is done compulsory.

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.

* 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 General Prosecutors office - during pre-trial investigation until submitting the case to the court; O. Kalpaka blvd 6, Riga, LV - 1801, Latvia Fax: 371.67.212231 Tel.: 371.67.320085 The Ministry of Justice - during the trial. Brivibas blvd 36, Riga, LV - 1536, Latvia Fax: 371.67.285575 Tel.: 371.67.280437/371.67.282607

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

N/A

Accepted languages for the request/decision

Latvian

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

Deciding of a Request of a Foreign State (1) A request of a foreign state regarding the provision of assistance in the performance of a procedural action shall be decided immediately, but not later than within 10 days after receipt thereof. If additional information is necessary for deciding of a request, such information shall be requested from the state that submitted the request. (2) In adjudicating a request of a foreign state, the competent authority shall take one of the following decisions: 1) on possibility of the execution of the request, determining the institution that will fulfil the request, terms, and other conditions; 2) on refusal to fulfil the request or a part thereof, substantiating the refusal. (3) The state that submitted the request shall be, without delay, informed regarding the decision taken, if the execution of the request or a part thereof has been rejected or if a foreign state has so requested.

a. Special requirements

N/A

b. Other useful information

If there is a sufficient reason to believe that objects or documents relevant to a criminal proceedings are in the clothes of some person, in his/her present belongings, on his/her body or open cavities of the body, search of the person may be executed. Search of the person may be executed only by an official of the same gender, if necessary, insolving a medical person irrespective of gender.