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

Confiscare (505)

1. MEASURE IMPLEMENTATION

Letonia

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

Yes, this measure is possible. Section 42 of Criminal Law - Confiscation of Property (1) Confiscation of property is the compulsory alienation to State ownership without compensation of the property owned by a convicted person. Confiscation of property may be specified as an additional punishment. Property owned by a convicted person, which he or she has transferred to another natural or legal person, may also be confiscated. (2) Confiscation of property may be specified only in the cases provided for in the Special Part of this Law. (3) A court, in determining confiscation of property, shall specifically indicate which property is to be confiscated. A court, in determining confiscation of property for a criminal offence against traffic safety, shall relate it to the vehicle. (4) The indispensable property of the convicted person or of his or her dependants, which may not be confiscated, is that specified by law.

2. LEGAL FRAMEWORK

Letonia

International legal framework applicable for this measure in your Member State

COUNCIL FRAMEWORK DECISION 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders; European Convention on the International Validity of Criminal Judgments (1970); Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (1990)

3. COMPETENT AUTHORITY TO:

Letonia

* receive the request/decision for judicial cooperation

The Ministry of Justice - during the trial. Brivibas blvd 36, Riga, LV - 1536, Latvia Fax: +371 67210823 Tel.: +371 67036720; +371 67036721; +371 67036825

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

Latvian competent Court

4. ACCEPTED LANGUAGES

Letonia

Accepted languages for the request/decision

Latvian/English

5. EXECUTION DEADLINE

Letonia

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

Having received a request of a foreign state regarding the execution of a punishment imposed therein, the Ministry of Justice shall, within 10 days, but if the amount of materials is particularly large within 30 days, verify whether all the necessary materials have been received.A judge of a district (city) court shall, within 30 days, examine a request of a foreign state regarding the execution of a punishment imposed in the foreign state in a written procedure and, after evaluating the conditions and reasons for refusal, take one of the following decisions: 1) on consent to recognise the judgment and execute the punishment imposed in the foreign state; 2) on refusal to recognise the judgment and execute the punishment imposed in the foreign state.

6. CONCISE LEGAL PRACTICAL INFORMATION

Letonia

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 20 martie 2019 by Tools Correspondent

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