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 suspecţilor / persoanelor acuzate: prin telefon (712)

1. MEASURE IMPLEMENTATION

Letonia

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

Person directing criminal proceedings may execute the measure by the way of technical means (telephone conference, videoconference) if it is in the interests of a 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 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)

by competent authority determined 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

Section 140. Performance of an Investigative Action by Using Technical Means (1) A person directing the proceedings may perform an investigative action by using technical means (teleconference, videoconference) if the interests of criminal proceedings require such use. (2) During the course of a procedural action using technical means, it shall be ensured that the person directing the proceedings and persons who participate in the procedural action and are located in various premises and buildings can hear each other during a teleconference, and see and hear each other during a videoconference. (21) In the case referred to in Paragraph two of this Section the person directing the proceedings shall authorise or assign the head of the institution located in the second place of the occurrence of the procedural action to authorise a person who will ensure the course of the procedural action at his or her location (hereinafter – authorised person). (3) In commencing a procedural action, a person directing the proceedings shall notify: 1) regarding the places, date, and time of the occurrence of the procedural action; 2) the position, given name, and surname of the person directing the proceedings; 3) the positions, given name, and surname of the authorised persons who are located in the second place of the occurrence of the procedural action; 4) regarding the content of the procedural action and the performance thereof using technical means. (4) On the basis of an invitation, persons who participate in a procedural action shall announce the given name, surname, and procedural status thereof. (5) An authorised person shall examine and certify the identity of a person who participates in a procedural action, but is not located in one room with the person directing the proceedings. (6) A person directing the proceedings shall inform persons who participate in procedural actions regarding the rights and duties thereof, and in the cases provided for by law shall notify regarding liability for the non-execution of the duties thereof and initiate an investigative action. (7) An authorised person shall draw up a certification, indicating the place, date, and time of the occurrence of a procedural action, the position, given name, and surname thereof, and the given name, surname, personal identity number, and address of each person present at the place of the occurrence of such procedural action, as well as the announced report, if the Law provides for liability for the non-execution of the duty thereof. Notified persons shall sign regarding such report. The certification shall also indicate interruptions in the course of the procedural action, and the end time of the procedural action. The certification shall be signed by all the persons present at the place of the occurrence of the procedural action, and such certification shall be sent to a person directing the proceedings for attachment to the minutes of the procedural action. (8) The investigative actions performed using technical means shall be recorded in pre-trial proceedings in accordance with the procedures laid down in Section 143 of this Law, and other procedural actions shall be recorded in accordance with the procedures laid down in Section 142 of this Law. During the adjudication of a case, the procedural actions performed using technical means shall be recorded in the minutes of a court session.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE
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