Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Letonia

Interceptarea, înregistrarea şi transcrierea telecomunicaţiilor (101)

1. MEASURE IMPLEMENTATION

Letonia

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

Generally measures are governed by Criminal Procedure Law (further - CPL) and Investigatory Operations Law. Operational interception is interception of those conversations that are taking place between persons and other persons, including those by telephone, with electronic and other means of communication. Control of means of communication (1) Control of telephones and other means of communication without the consent of participants of the conversation or information sender and receiver is executed on the basis of the decision of an investigative judge if there is a reason to believe that the conversation or the information transfered may contain information about facts and if without this action it is impossible to obtain the necessary information. (2) Control of telephones and other means of communication with a written consent of participants of the conversation or information sender and receiver is executed if there is a reason to believe that against this person or his/her relatives a criminal offence may be committed or this person may be included into comission of a criminal offence.

2. LEGAL FRAMEWORK

Letonia

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.

3. COMPETENT AUTHORITY TO:

Letonia

* receive the request/decision for judicial cooperation

Investigative judge

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

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

4. ACCEPTED LANGUAGES

Letonia

Accepted languages for the request/decision

Latvian/English (for the execution of urgent request/decision the priority is the Latvian language)

5. EXECUTION DEADLINE

Letonia

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

no time limit

6. CONCISE LEGAL PRACTICAL INFORMATION

Letonia

a. Special requirements

In order to facilitate practical measures an action of officials performing investigatory operations is needed to receive justification for operational check or initation. Decision accepted by the head of the institution that may perform investigatory operations. For each operational check the special operation check is initiated. The term in these cases is 2 months. It may be prolonged with approval of the head of the authority performing investigatory operations. If information about specified persons (obtained in the result of investigatory operation as well) is at disposal of the authority performing investigatory operation and it gives a sufficient basis to suspect these persons of preparation of a criminal offence or commission thereof or about threat for relevant interests of the state or they are in the search for committed criminal offence operational activities relation to these persons are be initiated.

b. Other useful information

Section 853 of Criminal Procedure Law "Performance of Special Investigative Actions" A special investigative action shall be performed on the basis of a request of a foreign state only in a case where such operation would be admissible in criminal proceedings taking place in Latvia regarding the same offence.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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