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 experţilor (708)

1. MEASURE IMPLEMENTATION

Letonia

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

Section 156 of Criminal Procedure Law - Interrogation of an Expert and an Auditor (1) A person directing the proceedings may summon an expert or auditor to provide testimony in order to: 1) ascertain the matters significant to the case that are related to the conclusion of the expert or auditor and that do not require additional research; 2) clarify information regarding the research method used in an expert-examination or audit, or the terms used in a conclusion; 3) acquire information regarding other facts and conditions that are not a component of a conclusion, but are related to the participation of the expert or auditor in the criminal proceedings; 4) ascertain the qualification of the expert or auditor. (2) An interrogation of an expert or an auditor shall be performed in conformity with the provisions of an interrogation of a witness, however such persons shall not lose their status of an expert or an auditor.

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)

bu competent authority determoned institution

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 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

Expert of an Expert-examination Institution (1) An expert of an expert-examination institution has authorisation to perform criminal proceedings if he or she has acquired the right to perform a specific types of expert-examination and has received a task of a person directing the proceedings. (2) An expert on the assignment of a person directing the proceedings shall: 1) conduct an expert-examination, if a study has to be conducted in order to obtain information necessary for evidence using special knowledge, devices, and substances; 2) perform inspections of the site of the event or other sites, the corpse, the terrain, and objects; 3) conduct an examination of persons; 4) remove samples for comparative research; 5) participate in the performance of other investigative actions; 6) use special knowledge for the discovery and removal of traces and other items of the criminal offence. (3) An expert has the right: 1) to familiarise him or herself with the materials of the criminal case; 2) to request from a person directing the proceedings the additional information and materials necessary for the performing of an expert-examination; 3) to refuse to perform an expert-examination (give a conclusion), if the submitted materials are not sufficient or the questions posed exceed the competence thereof; 4) to ask questions within the limits of the subject of the expert-examination to persons which are being interrogated with a permit of or via a person directing the proceedings. (4) An expert has the right to perform the expert-examination specified by a person directing the proceedings or a participant of the investigative group and to provide answers to questions posed. If an expert is of the conclusion that he or she may acquire information, using special knowledge, that is important to the criminal proceedings, and regarding which a question has not been posed, he or she shall inform the person directing the proceedings regarding such acquisition in writing. (5) An expert shall perform his or her duties: 1) on the basis of an instruction given by a person directing the proceedings that has been recorded in the account of the investigative actions in which the expert is a participant. 2) in accordance with a procedural decision to determine an expert-examination.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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