Fiches Belges

The takeover of criminal proceedings is the continuation in Latvia of criminal proceedings commenced in a foreign state, on the basis of a request of the foreign state or with the consent thereof, if such continuation is required by procedural interests and the offence is punishable in accordance with The Criminal Law.

Section 67 of the Criminal Procedure Law. "European Convention on the Transfer of Proceedings in Criminal Matters Strasbourg, 15.V.1972 "

(1) In the pre-trial criminal proceedings, the Office of the Prosecutor General shall examine and decide requests regarding the takeover of criminal proceedings. (2) In the trial of a criminal case, the Ministry of Justice shall examine and decide requests regarding the takeover of criminal proceedings.

The Republic of Latvia requires that all documents shall be accompanied by a translation into English language.

Terms for the Adjudication of a Request for the Takeover of Criminal Proceedings (1) A request for the takeover of criminal proceedings shall be decided within 10 days, and, if the amount of material is particularly large, such request shall be decided within 30 days. (2) In particular cases where the translation of documents is necessary, a request for the takeover of criminal proceedings shall be decided after receipt of the translation within the terms provided for in Paragraph one of this Section. (3) If additional information is necessary for deciding, competent authorities shall request such additional information from the state of the submitter of the request. After receipt of additional information, a matter shall be decided within the terms provided for in Paragraph one of this Section. (4) If proceedings regarding an offence may be commenced in Latvia only on the basis of a complaint of a victim, but such complaint has not been attached to received materials, the competent authority shall immediately inform the victim and take a decision after receipt of the consent or refusal of the victim. If the victim has not provided an answer within 30 days, proceedings may be terminated.

In pursuance of Appendix II of the Convention, the Republic of Latvia defines that within the meaning of this Convention the term ""nationals"" relates to the citizens of the Republic of Latvia and non-citizens who are subjects of the Law on the Status of Former USSR Citizens who are not Citizens of Latvia or any other State.