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

Sechestrul de bunuri (501)

1. MEASURE IMPLEMENTATION

Letonia

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

In order to provide for solution of property issues in a criminal proceedings, as well as possible confiscation of property, during the criminal proceedings property of the detainee, suspect or accused is put under arrest, including the property due to them from other persons or property of those persons, who are materially responsible for the action of the suspect or accused. Also proceeds from crime or property related to the criminal proceedings, which is stored with other persons may be put under arrest. Property may be put under arrest during proceedings as an application of coercive measure to a legal person and as an application of compulsory measure of a medical nature, if it is necessary to secure solution of property issues during the criminal proceedings or possible recovery of money or confiscation of property.

2. LEGAL FRAMEWORK

Letonia

International legal framework applicable for this measure in your Member State

European Convention on the International Validity of Criminal Judgments; Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

3. COMPETENT AUTHORITY TO:

Letonia

* 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 The Ministry of Justice - during the trial. Brivibas blvd 36, Riga, LV - 1536, Latvia Fax: 371.67.285575 Tel.: 371.67.280437/371.67.282607

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

During pre-trial stage property is put under arrest with the decision of a person directing criminal proceedings that is approved by an investigation judge, but during the trial the decision is made by a court.

4. ACCEPTED LANGUAGES

Letonia

Accepted languages for the request/decision

English/Latvian

5. EXECUTION DEADLINE

Letonia

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

Section 848 of Crimināl Procedure Law "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

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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