Fiches Belges

Section 785. Grounds for the Execution of the Ruling on the Recovery of a Financial Nature (1) The grounds for the execution of the ruling made in a European Union Member State on a fine (for legal persons - recovery of money), and also the ruling by which compensation to the victim, the reimbursement of procedural expenditure and the payment to a foundation or organisation for the support of victims (hereinafter - the ruling on the recovery of a financial nature) is determined, shall be: 1) the ruling of the competent authority of a European Union Member State on the recovery of a financial nature or a certified copy thereof and a certification of a special form; 2) a fact that a person, to whom recovery of a financial nature applies to, has a place of residence in Latvia (to a legal person - a registered legal address) or he or she owns property or has other income; 3) a ruling of the court of Latvia on the determination of recovery of a financial nature to be executed in Latvia; 4) a writ of execution issued by the court of Latvia regarding the transfer of the ruling on the recovery of a financial nature for execution in Latvia.

Chapter 73 of the Criminal Procedure Law of Latvia. Section 785 of the Criminal Procedure Law sets Grounds for the Execution of the Ruling on the Recovery of a Financial Nature.

The Ministry of Justice (Brivibas blvd 36, Riga, LV - 1536, Latvia Fax: 371.67.285575 Tel.: 371.67.280437/371.67.282607, email: pasts@tm.gov.lv) receives the requests/decisions for judicial cooperation; Latvian competent courts execute/recognise the requests/decisions for judicial cooperation

Latvian/English

Having received a request of a foreign state regarding the execution of a punishment imposed therein, the Ministry of Justice shall, within 10 days, but if the amount of materials is particularly large within 30 days, verify whether all the necessary materials have been received. A 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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