Fiches Belges: Lotwa

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

Yes. Section 851 of Criminal Procedure Law "Performance of a Procedural Action Using Technical Means" (1) A procedural action may be performed by using technical means on the basis of a request of a foreign state or on the basis of a proposal of the institution fulfilling a request and with the consent of a foreign state. (2) A competent official of the state that submitted a request shall perform, in accordance with the procedures of such state, a procedural action using technical means. If necessary, an interpreter shall participate in the performance of such procedural action in Latvia or a foreign state. (3) A representative of the institution that fulfils a request shall certify the identity of involved persons and ensure the progress of a procedural action in Latvia and the conformity thereof to the basic principles of Latvian criminal procedure. (4) If, in performing a procedural action, the basic principles of Latvian criminal procedure are violated, a representative of the institution fulfilling a request shall immediately perform measures in order for such operation to continue in accordance with the referred to principles. (5) A person who has been summoned to provide testimony has the right to not provide testimony also in a case where such non-provision of testimony arises from the laws of the state that submitted the request.

International legal framework applicable for this measure in your Member State

European Convention 1959 on Mutual Assistance in Criminal Matters; European Union 2000 Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union

* 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

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

by competent authority determined institution

Accepted languages for the request/decision

English/Latvian

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

Section 848. 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