Measure Implementation

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

- Control of telephones and other means of communication without the consent of participants of the conversation or information sender and receiver is executed on the basis of the decision of an investigative judge if there is a reason to believe that the conversation or the information transferred may contain information about facts and if without this action it is impossible to obtain the necessary information. Control of telephones and other means of communication with a written consent of participants of the conversation or information sender and receiver is executed if there is a reason to believe that against this person or his/her relatives a criminal offence may be committed or this person may be included into commission of a criminal offence.

Legal Framework

International legal framework applicable for this measure in your Member State

Section 218 ( Control of Means of Communication) and 219 of the Criminal Procedure Law (Control of Data Located in an Automated Data Processing System)

Competent Authority

* receive the request/decision for judicial cooperation

Fore receiving: Up to the commencement of criminal prosecution - the State Police. In the pre-trial proceedings - the Office of the Prosecutor General For execution: investigative institutions

Accepted languages

Accepted languages for the request/decision

Latvian/English (for the execution of urgent request/decision the priority is the Latvian language)

Execution deadline

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

A competent authority of Latvia takes a decision to recognise and execute EIO as soon as possible, however not later than within 30 days after receipt of the EIO, if translation is not required. If in a EIO it is requested to perform a procedural action in order to prevent destruction, hiding or damaging of such items which could be used as evidence (temporary measure), a competent authority of Latvia takes a decision where possible, immediately, however not later than within 24 hours from the moment of receipt of EIO.

Concise legal practical information

Special requirements

Special investigative action can be carried out only on the basis of a decision of an investigating judge.

Last reviewed on 14 October 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.51 Interception of telecommunication without the technical assistance of another MS (Annex C of the EIO)
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