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

Audierea martorilor: procedura standard (702)

1. MEASURE IMPLEMENTATION

Letonia

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

Section 151 of Criminal Procedure Law - Interrogation of Witness, Victim, Representative and Owner of Property Infringed during the Criminal Proceedings (1) Before an interrogation, the rights and duties of a witness, victim, a representative provided for in this Law and owner or legal possessor of property infringed during the criminal proceedings shall be explained to him or her and he or she shall be notified regarding the liability for refusing to testify or for the conscious provision of false testimony. (2) Witnesses and victims may be interrogated regarding all the circumstances and regarding any person involved in the criminal proceedings if the information provided is or may be significant in a case. (3) A representative and an owner of the property infringed during the criminal proceedings shall be interrogated, observing the provisions for interrogation of a witness, however, such persons shall not lose the status of the witness or the owner of the property infringed during the criminal proceedings.

2. LEGAL FRAMEWORK

Letonia

International legal framework applicable for this measure in your Member State

European Convention 1959 on Mutual Assistance in Criminal Matters; European Union 2000 Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union

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

* 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)

Section 848. 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 147. Interrogation Procedure (1) Interrogation shall begin with the ascertaining of the identity of the person to be interrogated and the languages to be used in the interrogation. It shall be ascertained whether the person being interrogated understands the language in which the proceedings are taking place, and the language in which he or she can testify. (2) A performer of an investigative action shall explain to a person being interrogated the rights and duties provided for him or her in this Law. (3) The data of a person to be interrogated – his or her given name, surname, and personal identity number –are a component of a testimony. (4) If a testimony is related to numbers, dates, and other information that is difficult to remember, a person being interrogated has the right to use his or her documents and notes, as well as to read such documents and notes. The notes of the person being interrogated may be attached to the case. (5) During the course of an interrogation, a person being interrogated may be presented with the objects, documents, and sound and image recordings attached to a case, and documents may be read to him or her or recordings played for him or her, regarding which a note shall be made in the minutes. Materials shall be presented only after testimonies in the relevant matter of a person being interrogated have been recorded in the minutes. (6) The reading of prior testimony of a person being interrogated shall be allowed if: 1) there are substantial contradictions between prior testimony and current testimony; 2) the person being interrogated refuses to testify; or 3) the case is being adjudicated in court in the absence of the person being interrogated. (7) If special procedural protection has been specified for a person, the provisions of Section 308 of this Law shall be complied with in an interrogation thereof. Section 148. Length of an Interrogation (1) The length of an interrogation of a person of legal age shall not exceed eight hours, including an interruption, during a twenty-four-hour term without the consent of such person.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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