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: prin video conferinţă (703)

1. MEASURE IMPLEMENTATION

Letonia

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

Yes. Section 851 of Criminal Procedure Law "Performance of a Procedural Action Using Technical Means" (1) A procedural action may be performed by using technical means on the basis of a request of a foreign state or on the basis of a proposal of the institution fulfilling a request and with the consent of a foreign state. (2) A competent official of the state that submitted a request shall perform, in accordance with the procedures of such state, a procedural action using technical means. If necessary, an interpreter shall participate in the performance of such procedural action in Latvia or a foreign state. (3) A representative of the institution that fulfils a request shall certify the identity of involved persons and ensure the progress of a procedural action in Latvia and the conformity thereof to the basic principles of Latvian criminal procedure. (4) If, in performing a procedural action, the basic principles of Latvian criminal procedure are violated, a representative of the institution fulfilling a request shall immediately perform measures in order for such operation to continue in accordance with the referred to principles. (5) A person who has been summoned to provide testimony has the right to not provide testimony also in a case where such non-provision of testimony arises from the laws of the state that submitted the request.

2. LEGAL FRAMEWORK

Letonia

International legal framework applicable for this measure in your Member State

1) Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters 2) European Convention 1959 on Mutual Assistance in Criminal Matters; 3)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 67212231 Tel.: +371 67320085 The Ministry of Justice of the Republic of Latvia - during trial stage Riga, Brivibas bulvaris 36, LV-1536 Fax:+371 67 210823 Tel:+371 67 036824; +371 67036842 tm.kanceleja@tm.gov.lv

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

The executing authority is the competent authority determined institution.

4. ACCEPTED LANGUAGES

Letonia

Accepted languages for the request/decision

For the EIO: Latvian; Form MLA: Latvian/English

5. EXECUTION DEADLINE

Letonia

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

For the EIO: Section 875.4 Verification, Recognition and Execution of a European Investigation Order After Transfer of a Case to the Court (1) Having received a European Investigation Order, the Ministry of Justice shall immediately, however not later than within seven days, notify a competent authority of the European Union Member State thereof by completing an approval of receipt of the European Investigation Order. (2) The Ministry of Justice shall, within 10 days from the day of receipt of a European Investigation Order (if the amount of materials is extremely large - within 30 days), verify whether all necessary materials are received, and send the materials after the verification to the district (city) court for taking a decision to recognise and execute the European Investigation Order in Latvia. (3) If translation of documents is necessary, verification of materials shall take place within the time periods referred to in Paragraph two of this Section after receipt of the translation. (4) Before execution of a European Investigation Order, the court shall assess whether the result to be achieved indicated in the European Investigation Order can be achieved by procedural actions which require less intervention in the life of a person. The court which executes the European Investigation Order shall inform the competent authority of the European Union Member State regarding all considerations and, where possible, agree regarding performance of other investigative action which requires less intervention in the life of a person. (5) The Ministry of Justice shall inform a competent authority of the European Union Member State regarding the results of execution by sending the materials obtained in the result of execution. In order to ensure faster and more efficient transfer of the materials obtained in the result of execution, the court may transfer them directly to the competent authority of the European Union Member State by informing the Ministry of Justice thereof. [30 March 2017] Section 875.5 Time Periods for Recognition and Execution of a European Investigation Order (1) A competent authority of Latvia shall take a decision to recognise and execute a European Investigation Order as soon as possible, however not later than within 30 days after receipt of the European Investigation Order. Where translation of the documents is required, the decision shall be taken as soon as possible, however not later than within 30 days from the day of receipt of the translation. (2) If in a European Investigation Order it is requested to perform a procedural action in order to prevent destruction, hiding or damaging of such items which could be used as evidence (temporary measure), a competent authority of Latvia shall assess it and, where possible, immediately, however not later than within 24 hours from the moment of receipt of such order, take a decision to take a temporary measure for ensuring the evidence. (3) If a justification for performance of a procedural action is indicated in a European Investigation Order or a certain day is specified when the procedural action is to be performed, a competent authority of Latvia shall comply with it, as far as possible, when taking a decision on recognition and execution, and when determining an executing authority. (4) If it is not possible to take a decision to recognise and execute a European Investigation Order within the time period laid down in Paragraph one of this Section or it is not possible to perform a procedural action on the day specified in a European Investigation Order, a competent authority of Latvia shall immediately inform a competent authority of the European Union Member State thereof by using any available means of communication and specifying the reasons for delay and the estimated time when the European Investigation Order could be recognised and executed. In such case the time period laid down in Paragraph one of this Section within which a decision to recognise a European Investigation Order should be taken may be extended for a time period no longer than 30 days. (5) An executing authority shall execute the procedural action indicated in a European Investigation Order as soon as possible, however not later than within 90 days after taking the decision referred to in Paragraph one of this Section, unless there are other reasons for postponing execution. The European Investigation Order shall be immediately executed if the evidence is already at the disposal of the executing authority. (6) If an executing authority detects that it will not be possible to perform the procedural action provided for in the European Investigation Order within the time period laid down in Paragraph five of this Section, it shall inform a competent authority of the European Union Member State by using any available means of communication regarding the reasons for delay and agree regarding further action. The executing authority shall inform the competent authority of Latvia regarding communication with the competent authority of the European Union Member State. For the MLA: Section 848 of Criminal 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 20 martie 2019 by Tools Correspondent
  • © 2017 RJE. Toate drepturile rezervate.