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

1) Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. 2) Relevant bilateral agreements with non-EU countries. 3) MLA 2000 convention (Art. 17 to 19)

Competent Authority

* receive the request/decision for judicial cooperation

1) State Police of Latvia – during pre-trial investigation until prosecution. 2) Prosecutor General’s Office – during pre-trial investigation until submitting the case to the court.

Accepted languages

Accepted languages for the request/decision

Latvian and English (in urgent matters Latvian is preferable)

Execution deadline

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

According to the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters – execution of the EIO is 90 days. According to the Criminal Procedure Law of the Republic of Latvia, the term of interception is up to 30 days, which can be extended by the investigative judge (if necessary). All the terms depend of the particular case.

Concise legal practical information

Special requirements

no

Last reviewed on 14 October 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.53 Preservation and production of electronic evidence
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