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

Blocarea conturilor bancare (502)

1. MEASURE IMPLEMENTATION

Letonia

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

Section 361 of Criminal Procedure Law - Imposition of an Attachment on Property (1) In order to ensure the solution of financial matters in criminal proceedings, as well as the possible confiscation of property, an attachment shall be imposed in criminal proceedings on the property of a detained person, suspect, or accused, and also on property due to such person from other persons, or the property of persons who are materially liable for the actions of the suspect or accused. An attachment may be imposed as well on property in order to ensure the collection of the value of an instrumentality of criminal offence to be confiscated, if such instrumentality is owned by another person. An attachment may also be imposed on criminally acquired property, or property related to criminal proceedings, that is located with other persons. (11) An attachment may be imposed on property, also on financial resources, in the value of criminally acquired property, as well as on the yield acquired as a result of the use of criminally acquired property. (2) An attachment may also be imposed on property in proceedings regarding the application of compulsory measures on legal persons, and regarding the determination of compulsory measures of a medical nature, if the ensuring of a solution to financial matters in criminal proceedings, a possible liquidation or recovery of money, or a confiscation of property is necessary. (3) In pre-trial proceedings, an attachment shall be imposed on property with a decision of a person directing the proceedings that has been approved by an investigating judge, but during a trial a court shall take a decision. (4) In emergency cases when property may be alienated, destroyed, or hidden due to a delay, a person directing the proceedings may imposed an attachment on the property with the consent of a public prosecutor. A person directing the proceedings shall notify an investigating judge regarding the imposed attachment not later than on the next working day by presenting the protocol and other materials that justify the necessity and emergency of the attachment. If the investigating judge does not approve the decision of the person directing the proceedings on imposition of the attachment on property, the attachment shall be seized from the property. (5) A decision on imposition of an attachment on property shall indicate the purpose for the imposition of the attachment and the person who owns the property upon which the attachment has been imposed, and, if the amount of the financial matter to be solved is known, the necessary ensuring sum shall also be indicated. (6) A person directing the proceedings may assign the State police the execution of an attachment, and shall notify the relevant public register wherein the right to such property have been registered regarding the attachment of property, so that such register may register a prohibition on alienating such property and on burdening such property with other case or obligation rights. A certified copy of a decision shall be sent to a public register. (7) If a mortgage pledge or other pledge, which has been specified by law and should be registered, was registered in relation to property before an attachment was imposed, actions with the pledged property may take place only after co-ordination with a person directing the proceedings. If such property has been recognised by a court decision as criminally acquired, the attachment of the property has priority in relation to the pledge. (8) An attachment shall not be imposed on basic necessity objects used by the person upon whose property the attachment is being imposed, or by the family members of such person and the persons dependent on such person. Annex 1 to this Law shall determine the list of such objects. A prohibition specified in this Paragraph shall not apply to criminally acquired property or other property related to a criminal offence. [12 March 2009; 14 January 2010; 14 March 2013]

2. LEGAL FRAMEWORK

Letonia

International legal framework applicable for this measure in your Member State

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)

N/A

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)

N/A

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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