Fiches Belges: Lotwa

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

Section 350 of Criminal Procedure Law - Compensation for Harm 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 harm 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 laid down 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) An adjudication in criminal proceedings regarding the guilt of a person shall be binding in the adjudication of a civil case. [12 March 2009]

International legal framework applicable for this measure in your Member State

COUNCIL FRAMEWORK DECISION 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (Article 1 Paragraph (b) Point (ii))

* receive the request/decision for judicial cooperation

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)

Competent courts

Accepted languages for the request/decision

English/Latvian

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

Having received a request of a foreign state regarding the execution of a punishment imposed therein, the Ministry of Justice shall, within 10 days, but if the amount of materials is particularly large within 30 days, verify whether all the necessary materials have been received.A judge of a district (city) court shall, within 30 days, examine a request of a foreign state regarding the execution of a punishment imposed in the foreign state in a written procedure

a. Special requirements

N/A

b. Other useful information

Reimbursement is an amount that is paid to witnesses, victims, experts, auditors, specialists, interpreters or other persons involved in a proceedings to cover travel expenses that are related to execution of the measure - appearing at the place, returning to the place of residence, payment for accommodations, per diem.Procedual costs with a court ruling shall be recovered from sentenced persons except when a person is acquited with a court's judgment the procedual costs are covered from public funds. If an accused is acquited in a part, those costs shall be recovered that are related with the accusation in which the person is found guilty and sentenced. Procedual costs shall be covered from public funds if a person from which it should be recovered is low-income.