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

Interception of telecommunication - Art. 18 (2) (b) of the MLA Convention (106)

1. MEASURE IMPLEMENTATION

Letonia

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

Section 220 of Criminal Procedure Law " Control of the Content of Transmitted Data" The interception, collection and recording of data transmitted with the assistance of an automated data processing system using communication devices located in the territory of Latvia (hereinafter – control of transmitted data) without the information of the owner, possessor, or maintainer of such system shall be performed, based on a decision of an investigating judge, if there are grounds to believe that the information obtained from data transmission may contain information regarding facts included in circumstances to be proven.

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

In the pre-trial proceedings, the Prosecutor General’s Office shall examine and decide a request of a foreign state, and up to the commencement of criminal prosecution the State Police shall also examine and decide such request.

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

The State Police of the Ministry of Interior - during pre-trial investigation until prosecution ; Ciekurkalna 1st line 1, k-4 Riga, LV-1026 Latvia

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)

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.

6. CONCISE LEGAL PRACTICAL INFORMATION

Letonia

a. Special requirements

N/A

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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