Fiches Belges
Measure Implementation
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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

Enforcement of a Financial Penalty (902)

1. MEASURE IMPLEMENTATION

Letonia

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

Yes, this measure is possible.Section 785 of Criminal Procedure Law - Grounds for the Execution of an Adjudication Regarding Recovery of a Financial Nature The grounds for the execution of an adjudication rendered in a European Union Member State regarding a fine (for legal persons – recovery of money), the compensation specified in the same adjudication to the victim, the reimbursement of procedural expenditure and the payment to a foundation or organisation for the support of victims (hereinafter – adjudication regarding recovery of a financial nature) shall be: 1) an adjudication of the competent authority of a European Union Member State regarding recovery of a financial nature or a certified copy thereof and a certification completed in a special form; 2) a fact that a person, to whom recovery of a financial nature applies to, has a place of residence in Latvia (to a legal person – a registered legal address) or he or she owns property or has other income; 3) an adjudication of the court of Latvia regarding determination of recovery of a financial nature to be executed in Latvia; 4) a writ of execution issued by the court of Latvia regarding transfer of the adjudication regarding recovery of a financial nature for execution in Latvia.

2. LEGAL FRAMEWORK

Letonia

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

3. COMPETENT AUTHORITY TO:

Letonia

* receive the request/decision for judicial cooperation

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)

Latvian competent court

4. ACCEPTED LANGUAGES

Letonia

Accepted languages for the request/decision

Latvian/English

5. EXECUTION DEADLINE

Letonia

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

Having received a request of a foreign state regarding the execution of a punishment imposed therein, the Ministry of Justice shall, within 10 days, but if the amount of materials is particularly large within 30 days, verify whether all the necessary materials have been received.A judge of a district (city) court shall, within 30 days, examine a request of a foreign state regarding the execution of a punishment imposed in the foreign state in a written procedure and, after evaluating the conditions and reasons for refusal, take one of the following decisions: 1) on consent to recognise the judgment and execute the punishment imposed in the foreign state; 2) on refusal to recognise the judgment and execute the punishment imposed in the foreign state.

6. CONCISE LEGAL PRACTICAL INFORMATION

Letonia

a. Special requirements

Section 786. Reasons for the Refusal to Execute an Adjudication Regarding Recovery of a Financial Nature (1) Execution of an adjudication regarding recovery of a financial nature may be refused, if: 1) a certification completed in a special form has not been sent or it is incomplete, or does not conform to the content of the adjudication; 2) the principle of inadmissibility of double jeopardy (ne bis in idem) will be violated when executing the adjudication regarding recovery of a financial nature; 3) there is a reason to believe that the punishment has been determined on the basis of the race, religious affiliation, nationality, sex or political views; 4) the adjudication regarding recovery of a financial nature applies to an offence that is not considered an offence according to the laws of Latvia; 5) immunity from criminal proceedings, provided for in Chapter 8 of this Law, is present; 6) the execution of punishment is not possible in Latvia; 7) the limitation period has set it for execution of the punishment and the adjudication regarding recovery of a financial nature pertains to an offence that is in the jurisdiction of Latvia; 8) the person convicted in a European Union Member State has not reached the age from which criminal liability applies; 9) the adjudication regarding recovery of a financial nature has been made in a written procedure and the person convicted in a European Union Member State has not been informed in person or with the intermediation of a representative regarding the right to appeal the adjudication in accordance with the procedures laid down in legal acts of the issuing state thereof; 10) the determined recovery of a financial nature does not exceed an equivalent of 70 euros in lats (recalculating in accordance with the currency exchange rate specified by the Bank of Latvia which was in effect on the date when the adjudication was proclaimed). (2) Execution of an adjudication regarding recovery of a financial nature may also be refused, if it has been taken in the absence of the person convicted in a European Union Member State (in absentia) or without the participation of the person, except cases where he or she: 1) had received summons or had been otherwise informed that the adjudication may be rendered without his or her presence; 2) had been informed regarding the proceedings and his or her representative had participated in a court session; 3) had received the adjudication regarding recovery of a financial nature and informed that he or she does not contest the adjudication or has not appealed it; 4) having been informed regarding examination of the case and a possibility of participation in examination of the case, had refused from his or her right to be heard and unequivocally notified that he or she does not contest the adjudication. (3) If an adjudication regarding recovery of a financial nature has been rendered regarding an offence specified in Annex 3 to this Law, the examination in relation to whether this offence may be considered as criminal also according to the laws of Latvia shall not be carried out.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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