Fiches Belges

(1) To ensure the recovery of procedural expenditures and compensation for a harm to a victim, possible return, on the basis of ownership, of a criminally acquired property to the owner or lawful possessor, possible confiscation of a criminally acquired property, resources that a person has acquired from the disposal of such property, the yield received as a result of the use of the criminally acquired property, or property related to a criminal offence, and also possible confiscation of property as an additional punishment, the property will be seized within criminal proceedings. A property may be seized to ensure possible replacement of the special confiscation of a property in the cases specified in the Criminal Law, as well as to ensure the recovery of such property the origin of which is the State resources used for disclosure of a criminal offence.

Criminal Procedure Law: Chapter 28 of the Criminal Procedure Law; Chapter 82.1 Recognition and Execution of a European Investigation Order

the Ministry of Interior (*) - during pre-trial investigation until prosecution ; Ciekurkalna 1st line 1, k-2 Riga, LV-1026 Latvia Phone: +371 67219263 Fax: +371 67829686 E-mail: kanceleja@iem.gov.lv Website : www.iem.gov.lv General Prosecutors office - during pre-trial investigation until submitting the case to the court; O. Kalpaka blvd 6, Riga, LV - 1801, Latvia Fax: 371.67.212231 Tel.: 371.67.320085 The Ministry of Justice - during the trial. Brivibas blvd 36, Riga, LV - 1536, Latvia Fax: 371.67.285575 Tel.: 371.67.280437/371.67.282607

English/Latvian

If request received according to the Directive 2014/41/EU - A competent authority of Latvia shall take a decision to recognise and execute a European Investigation Order as soon as possible, however not later than within 30 days after receipt of the European Investigation Order. Where translation of the documents is required, the decision shall be taken as soon as possible, however not later than within 30 days from the day of receipt of the translation. If request received according to the FD 2003/577/JHA on freezing orders (Arts. 2(d), 5(1)); and FD 2006/783/JHA on confiscation orders - than The Office of the Prosecutor General upon receiving procedural ruling on the provision of property for confiscation or on the securing of obtaining evidence if possible without delay but not later than within 24 hours upon the receipt takes a decision on the received request.

It shall not be allowed to seize basic necessity objects used by the person whose property is being seized, or by the family members of such person and the persons dependent on such person. Annex 1 to this Law shall determine the list of such objects. A prohibition specified in this Paragraph shall not apply to criminally acquired property or other property related to a criminal offence.