Fiches Belges: Lotwa

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

Yes, this measure is possible.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

* receive the request/decision for judicial cooperation

General Prosecutors office - during pre-trial investigation until submitting the case to the court; O. Kalpaka blvd 6, Riga, LV - 1801, Latvia Fax: +371 67212231 Tel.: +371 67320085

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

N/A

Accepted languages for the request/decision

English/Latvian

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

N/A

a. Special requirements

Execution of a decision determining the application of a security measure not related to deprivation of liberty may be refused, if: 1) a certification completed in a special form is incomplete or does not conform to the decision determining the application of a security measure not related to deprivation of liberty and it has not been updated in the specified period of time; 2) an offence to which the decision determining the application of a security measure not related to deprivation of liberty applies is not included in Annex 2 to this Law and is not criminal according to the laws of Latvia, except cases where such decision applies to evasion of payment of such taxes and fees or conformity with the customs and currency exchange regulations, which are not provided for in laws and regulations of Latvia or are provided for, however, their regulation specified in laws and regulations of Latvia differs from the regulation specified in the laws and regulations of the European Union Member State, which took the decision; 3) a certification completed in a special form contains a prohibition or duty, which is not included in Section 867, Paragraph one of this Law; 4) the conditions specified in Section 867 of this Law for the execution of a security measure not related to deprivation of liberty do not exist; 5) the principle of inadmissibility of double jeopardy (ne bis in idem) will be violated when executing the decision determining the application of a security measure not related to deprivation of liberty; 6) immunity from criminal proceedings provided for in Chapter 8 of this Law is present; 7) the limitation period for criminal liability has set in and the decision determining the application of a security measure not related to deprivation of liberty pertains to an offence that is in the jurisdiction of Latvia; 8) the person has not reached the age from which criminal liability applies; 9) in case if a security measure is violated Latvia cannot extradite the person to a European Union Member State according to Section 66 of this Law.

b. Other useful information

The grounds for the execution of a decision of a European Union Member State determining the application of a security measure not related to deprivation of liberty shall be: 1) a decision taken by the competent authority of the European Union Member State determining the application of a security measure not related to deprivation of liberty or a certified copy thereof and a certification completed in a special form; 2) a decision of the Prosecutor General’s Office to recognise and execute in Latvia the decision of the European Union Member State determining the application of a security measure not related to deprivation of liberty.