Measure Implementation

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

Surveillance and tracking of a person without the information thereof shall be performed, on the basis of a decision of an investigating judge, if there are grounds to believe that the behaviour of the person, or his or her contact with other persons, may contain information regarding facts included in circumstances to be proven, for a term up to 30 days which an investigating judge may extend, if necessary. An investigating judge shall indicate in a decision whether the rights are granted to continue with the surveillance and tracking, for a term of up to 48 hours, of other persons who have been in contact with a person to be placed under surveillance.

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) For non-EU countries Art 17 of CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001) 3) Relevant bilateral agreements with non-EU countries

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 tracking 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)
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