Fiches Belges: Lotwa

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

In order to provide for solution of property issues in a criminal proceedings, as well as possible confiscation of property during the criminal proceedings property of the detainee, suspect or accused is put under arrest, including the property due to them from other persons or property of those persons, which are materially responsible for the action of the suspect or accused. Also proceeds from crime or property related to the criminal proceedings, which is stored with other persons may be put under arrest. Property may be put under arrest during procedures as an application of coercive measure to legal person and as an application of compulsory measure of a medical nature, if it is necessary to secure property during the criminal proceedings or possible recovery of money or confiscation of property.

International legal framework applicable for this measure in your Member State

Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

* 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)

During pre-trial state - person directing criminal proceedings. During the trial stage - a court.

Accepted languages for the request/decision

English/Latvian

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

Section 848 of Criminal Procedure Law "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

N/A