Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
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Execution Deadline
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Legal info
Special requirements
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Fiches Belges: Letonia

Audierea copiilor (705)

1. MEASURE IMPLEMENTATION

Letonia

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

Yes, measure hearing children is posiible in accordance with special provisions of Criminal Procedure Law, exactly, Part 3 of Section 146 "Summons to an Interrogation" (3) A minor shall usually be summoned to an interrogation through the intermediation of his or her lawful representative, educational institution, or Orphan’s Court (parish court). If conditions exist that justifiably prohibit or hinder the use of such summoning procedure, the minor shall be summoned without using the referred to intermediation.

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 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

the Republic of Latvia requires that requests and annexed documents shall be addressed accompanied by a translation into English language.

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

Section 152. Special Features of an Interrogation of a Minor (1) The length of an interrogation of a minor shall not exceed six hours, including an interruption, during a twenty-four-hour term without the consent of such minor. (2) A minor who has not reached 14 years of age, or, on the basis of the discretion of the performer of an investigative action, any minor, shall be interrogated in the presence of a pedagogue or a specialist who has been trained to perform the tasks of a psychologist for children in criminal proceedings (hereinafter – psychologist). One of the lawful representatives of the minor, a kinsperson of the minor, or a trustee has the right to participate in an interrogation, if he or she is not the person against whom the criminal proceedings have been initiated, a detained person, a suspect, or an accused, and if the minor does not object to such participation. The referred to person may ask the person being interrogated questions, with the permission of the performer of the investigative action. (3) A minor who has not reached 14 years of age shall not be notified regarding liability for refusal to testify and for the conscious provision of false testimony. (4) If a psychologist indicates to a person directing the proceedings that the psyche of a person who has not reached 14 years of age, the psyche of a minor who has been recognised as a victim of violence committed by a person upon whom the victim is materially dependent or otherwise dependent, or the psyche of a minor who has been recognised as a victim of human trafficking or sexual abuse, may be harmed by repeated direct interrogation, such direct interrogation shall be performed only with the permission of the investigating judge, but in a court – with a court decision. [12 March 2009; 20 December 2012] Section 153. Interrogation of a Minor Person with the Intermediation of a Psychologist (1) If a psychologist considers that the psyche of a person who has not reached 14 years of age, the psyche of a minor who has been recognised as a victim of violence committed by a person upon whom the victim is materially dependent or otherwise dependent, or the psyche of a minor who has been recognised as a victim of human trafficking or sexual abuse, may be harmed by a direct interrogation, such direct interrogation shall be performed with the intermediation of technical means and a psychologist. If an investigator or public prosecutor does not agree, the direct interrogation shall be performed only with the permission of the investigating judge, and in a court – with a court decision. (2) A person directing the proceedings and another person invited by him or her shall be located in another room where technical means shall ensure that the person to be interrogated and the psychologist may be seen and heard. The person being interrogated shall be located together with the psychologist in a room that is suitable for a conversation with a minor, and in which it has been technically ensured that the questions asked by the person directing the proceedings are heard only by the psychologist. (3) If a person to be interrogated has not reached 14 years of age, a psychologist, complying with the concrete conditions, shall explain to the minor the necessity of the operations taking place and the meaning of the information provided by such minor, ascertain personal data, ask the questions of the person directing the proceedings in a form that corresponds with the psyche of the minor, and, if necessary, inform regarding a break in the investigative action and the resuming thereof. (4) If a person to be interrogated has reached 14 years of age, a person directing the proceedings shall inform a minor, with the intermediation of a psychologist, regarding the essence of the investigative action to be performed, ascertain the personal data of such minor, explain his or her rights and duties, and notify regarding liability for the non-execution of the duties thereof, ask the questions of the person directing the proceedings in a form that corresponds with the psyche of the minor, and, if necessary, inform regarding a break in the investigative action and the resuming thereof. (5) The course of an interrogation shall be recorded in accordance with the requirements of Sections 141 – 143 of this Law. A person to be interrogated who has not reached the age of 14 shall not sign minutes.

b. Other useful information

Section 97 of Criminal Procedure Law " General Principles of the Rights of a Victim" (1) A victim, taking into account the amount of financial loss, physical suffering, and moral injury caused to him or her, shall submit the amounts of such harm, and use his or her procedural rights for acquiring moral and material compensation. (2) A victim may implement all of the rights referred to in Sections 98, 99, 100, and 101 of this Law only in the part of criminal proceedings that directly applies to the criminal offence with which harm was caused to him or her. (3) A victim has the right, in all stage of criminal proceedings and in all types thereof, to participate in criminal proceedings using the language that he or she understands, and, if necessary, using the assistance of an interpreter free of charge, as well as the right to not testify against himself or herself and his or her immediate family. (4) A victim – natural person may implement the rights thereof him or herself, or with the intermediation of a representative. (5) The rights of a victim – legal person shall be implemented by the representative thereof. (6) In order to ensure the actualisation of rights, a victim or the representative thereof may invite the person referred to in Section 79, Paragraph two of this Law for the provision of legal assistance. (7) A victim shall implement his or her rights voluntarily and in an amount designated by him or her. The non-utilisation of rights shall not delay the progress of proceedings. (8) A victim may settle, in all stages of proceedings and in all types thereof, with the person who caused harm to him or her. In the cases provided for in the Law, a settlement shall be the grounds for the termination of criminal proceedings. (9) An image of a victim recorded as a photograph, video, or by other types of technical means shall not be published in the mass media during procedural actions without the consent of such victim if such publication is not necessary for the disclosure of a criminal offence. [12 March 2009]

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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