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Fiches Belges: Letonia

Enforcement of a Custodial Sentence (903)

1. MEASURE IMPLEMENTATION

Letonia

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

Enforcement of a Custodial Sentence is possible in Latvia taking into account Chapter 71 of Criminal Procedure Law. The grounds for recognition and execution of an adjudication rendered in a European Union Member State, by which a punishment of deprivation of liberty has been imposed, is an adjudication of the competent authority of the European Union Member State, which has entered into effect, regarding the punishment of deprivation of liberty and a certification completed in a special form, as well as decision of a court of Latvia on recognition and execution of an adjudication regarding the punishment of deprivation of liberty.

2. LEGAL FRAMEWORK

Letonia

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

3. COMPETENT AUTHORITY TO:

Letonia

* receive the request/decision for judicial cooperation

The Ministry of Justice of the Republic of Latvia is competent to receive the request. But Latvian Competent Court is responsible for the request evaluation.

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

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.

4. ACCEPTED LANGUAGES

Letonia

Accepted languages for the request/decision

The certificate has to be translated into Latvian language.

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. If translation of documents is necessary, verification of a request of a foreign state shall take place within the time periods referred before after receipt of translation. In accordance with the provision of Article 759 of Criminal Procedural Law 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 776. Reasons for Refusal of Recognition and Execution of an Adjudication Regarding the Punishment of Deprivation of Liberty Rendered in a European Union Member State (1) Recognition and execution of an adjudication regarding the punishment of deprivation of liberty 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, to which it has been attached; 2) the conditions referred to in Section 775 of this Law have not been complied with; 3) in executing the punishment, the principle of inadmissibility of double jeopardy (ne bis in idem) will be violated; 4) the person convicted in a European Union Member State could not be punished for the same offence according to The Criminal Law; 5) a limitation period for execution of the punishment has set in; 6) the immunity from criminal proceedings provided for in Chapter 8 of this Law exists; 7) the person convicted in a European Union Member State has not reached the age, from which criminal liability sets in; 8) at the time of receipt of the request the person convicted in a European Union Member State has less than six months remaining until the end of serving of the punishment; 9) prior to taking of a decision on recognition and execution of an adjudication regarding the punishment of deprivation of liberty, Latvia has requested, in accordance with the procedures referred to in Section 782, Paragraph three of this Law, the European Union Member State to provide a consent to the criminal prosecution, trial or execution of the punishment of the person convicted in the state for a criminal offence in Latvia, which has been committed before the transfer of such person and which is not the offence, in relation to which the person will be transferred, however, the European Union Member State has not provided a consent; 10) the punishment contains a measure related to psychiatric or health care or other measure related to deprivation of liberty, which cannot be executed in Latvia; 11) it is not possible to execute the punishment because the person convicted in a European Union Member State is not in Latvia. (2) Recognition and execution of an adjudication regarding the punishment of deprivation of liberty may be refused also if it has been taken in the absence of the person (in absentia), except cases when the relevant person: 1) has received summons or has been otherwise informed that the adjudication may be rendered without his or her presence; 2) has been informed regarding the proceedings and his or her defence counsel has participated in a court session; 3) has received the adjudication and informed that he or she does not contest or has not contested the adjudication.

b. Other useful information

N/A

Last reviewed on 20 martie 2019 by Tools Correspondent

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