Fiches Belges

Section 802 of of Criminal Procedure Law sets Grounds for the Execution of the Ruling on an Alternative Sanction (1) The grounds for the execution of a court ruling of a European Union Member State, which imposes a sentence that is not related either to the deprivation of liberty or recovery of a financial nature or confiscation of property, or for the execution of such ruling of a court or the competent authority, by which a probationary measure is applied (hereinafter - the ruling on an alternative sanction), shall be as follows: 1) the ruling issued by the competent authority of the European Union Member State on an alternative sanction or a certified copy thereof and a certification of a special form; 2) the fact that the person to whom the alternative sanction applies has a permanent place of residence in Latvia and the person is in Latvia; 3) a decision of a court of Latvia on determination of an alternative sanction to be executed in Latvia. (2) The ruling on an alternative sanction shall be recognised and executed in Latvia also if a person to whom the alternative sanction applies does not reside permanently in Latvia, but has indicated a place of residence in Latvia where he or she will be reachable if: 1) the person has employment legal relationship in Latvia; 2) the person has family relationship in Latvia; 3) the person is acquiring education in Latvia.

Chapter 76 of Criminal Procedure Law "Execution in Latvia of a Punishment of Restriction on Rights Determined in a Foreign State and an Adjudication Rendered in a European Union Member State Regarding an Alternative Sanction"

The Ministry of Justice of the Republic of Latvia is competent institution to receive the request; Request are recognized and executed by comptenet court of the Latvia.

Latvian/English

Ministry of Justice variefies varifies the request within 10 days;but if the amount of materials is particularly large within 30 days. If translation of documents is necessary, verification of a request of a foreign state shall take place within the time periods referred before after receipt of translation. Judge of a district (city) court shall, within 30 days, examine a request of a foreign state regarding the execution of a punishment imposed in the foreign state in a written procedure and, after evaluating the conditions and reasons for refusal, take one of the following decisions: 1) on consent to recognise the judgment and execute the punishment imposed in the foreign state; 2) on refusal to recognise the judgment and execute the punishment imposed in the foreign state

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