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

Urmărirea telecomunicaţiilor (102)

1. MEASURE IMPLEMENTATION

Letonia

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

Control of data existing in the electronic information system - search and access, as well as acquiring of information system (its part), data stored in it, data environment without consent of the owner, possesor or holder of this system or data in a criminal proceedings is executed on the basis of the decision of an investigative judge if there is a reason to believe that the existing information in the conrete information system may contain information about the facts. Interception, collection and recording of such data that is transmitted by means of information system, using the existing communication devices in the territory of Latvia without consent of the owner, possessor or holder of this system or data is executed on the basis of the decision of the investigative judge if there is a reason to believe that the information obtained from the data trasmission may contain information about the facts.

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

For instituting of investigatory operation a person directing criminal proceedings may request that a person who manages functioning of the system or performs duties related with data processing, storage or provision of transmission provides the necessary information as well as warns this person about confidentiality of investigation.

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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