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

Probation measures (904)

1. MEASURE IMPLEMENTATION

Letonia

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

Yes , in accordance to Chapter 76 of Criminal Procedure Law "Execution in Latvia of a Punishment of Restriction on Rights Determined in a Foreign State and an Adjudication Rendered in a European Union Member State Regarding an Alternative Sanction"

2. LEGAL FRAMEWORK

Letonia

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions

3. COMPETENT AUTHORITY TO:

Letonia

* receive the request/decision for judicial cooperation

he Ministry of Justice of the Republic of Latvia is competent institution to receive the request

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

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.

4. ACCEPTED LANGUAGES

Letonia

Accepted languages for the request/decision

the documents of the request schould 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 803. Reasons for the Refusal to Execute an Adjudication Regarding an Alternative Sanction (1) Execution of an adjudication regarding an alternative sanction 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) an offence to which the adjudication applies is not included in Annex 2 to this Law and is not criminal according to the laws of Latvia; 3) the person does not have a permanent place of residence in Latvia or such person cannot be reached in Latvia; 4) the principle of inadmissibility of double jeopardy (ne bis in idem) will be violated when executing the adjudication regarding an alternative sanction; 5) the adjudication regarding an alternative sanction applies to an offence which is not criminal according to the laws of Latvia; 6) immunity from criminal proceedings provided for in Chapter 8 of this Law is present; 7) the limitation period for execution of the adjudication has set in and the adjudication regarding an alternative sanction pertains to an offence that is in the jurisdiction of Latvia; 8) the person has not reached the age from which criminal liability applies; 9) the alternative sanction applied does not exceed six months; 10) the adjudication regarding an alternative sanction provides for medical treatment, execution of which is not possible in Latvia. (2) Execution of an adjudication regarding an alternative sanction may also be refused, if it has been taken in the absence of a person (in absentia), except cases where the person: 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 an alternative sanction and informed that he or she does not contest the adjudication or has not appealed it. (3) If the adjudication regarding an alternative sanction has been rendered regarding an offence specified in Annex 2 to this Law, the examination in relation to whether this offence may be considered as criminal also 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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