As the Chairman of the Judicial Panel of Criminal Cases ERVINS KUSKIS has been elected.
In 1993 Ervins Kuskis graduated Faculty of Law of University of Latvia. From 1991 till 1995 he worked in prosecutor’s office of the Republic of Latvia as prosecutor of places of imprisonment, later on – as judge in Judicial Panel of Criminal Cases in Vidzeme regional court. Since 2001 he is judge of the Supreme Court in Judicial Panel of Criminal Cases.
The judges in the Chamber of Criminal Cases are Ms. Ramona Nadezda JANSONE, Mr. Andrejs LEPSE, Mr. Peteris OPINCANS, Ms. Anita POLAKOVA, Ms. Ludmila POLAKOVA, Ms. Inguna RADZEVICA, and Mr. Janis TILTINS. The vacancy of the judge has been temporary replaced by the judge of regional court Ms. Daina Treija.
The Chamber of Criminal Cases litigates criminal cases related to appeals and appeal protests on rulings of the regional courts as the first instance courts. These categories of criminal cases according to the Criminal Procedure Law are as follows:
- crimes against humanity, peace;
- war crimes, genocide, crimes against the state;
- grave and extremely grave crimes that have been stated in Paragraph 117, 118, 154, 184, 192, 224, 225, 2531 , 268, 348 and 349 of Criminal Law;
- criminal offence against morality and sexual privacy if committed to under aged persons or juveniles;
- where measures of special procedural protection have been undertaken regarding a witness;
- crimes, materials of which include materials containing state secret.
The Chamber of criminal cases may also review cases on other criminal offences which the regional court has found necessary to accept to review due to legal complexity of the case or due to security considerations.
The cases are heard in open or closed court sessions. Persons under 14 are not allowed to the court room unless they are participants in the case.
Closed court hearings take place, if it is necessary to keep state secret or secret of adoption. By motivated rule, court can appoint closed court hearing in other cases, provided in Criminal Procedure Law.
The rule of the court has been announced openly. In criminal case that was litigated in closed court hearing, introduction part and resolutive part of the rule of the court has been announced openly, and then, in closed hearing – motivated and descriptive parts.
The case can be litigated in written proceedings, if in claim of appeal or in the protest only solicitation for mitigation has been expressed or if there is indication for circumstances, as a result of which the rule of the court of first instance must be cancelled in any case, and if prosecutor or person, whose interests are touched by the claim or protest, doesn’t object against it. In decision about acceptance of the case for reviewing in written proceedings there has been mentioned the composition of the court, in which case will be reviewed; prosecutor or person, whose interests have been touched by claim or protest to be reviewed, has right in 10 days to submit refusal to composition of the court or to separate judge, and also submit objections against litigation of the case in written proceedings; the prosecutor has right to submit point of view about the claim of appeal; date of availability of the rule.
Court investigation and court debates in the Chamber of Criminal Cases are held within the limits of the demands expressed in a complaint or a protest which must not be exceeded, except the cases when the appellate court doubts the guilt of the accused, participants or accomplices or aggravating circumstances found by the first instance court.
In spoken proceedings, the Chamber adopts one of the following rulings:
- to leave unchanged the rule of the first instance court;
- to cancel the judgment of the first instance court and pass a new rule;
- to cancel the judgement of the first instance court in a part and to pass a new rule in this part;
- to cancel the judgment of the first instance court and to terminate criminal proceedings in the cases stipulated by the Criminal Procedure Law;
- to cancel the rule of the first instance court in full or in part and to remand the criminal case for new trial in the first instance court.
The court announces the introductory part and the operative part of the ruling and sets the time in the nearest 14 days when the complete text of the judgment is available.
If because of legitimate reason complete rule of the court hasn’t been composed in terms stated, the judge informs the prosecutor, accused party, victim, advocate, representative, when the complete rule of the court will be available.
In written proceedings the chamber accepts one of the following rules:
- leaves the sentence of the court of the first instance unchanged;
- cancels the sentence of the court of the first instance in part about the punishment and makes new sentence in this part;
cancels the sentence of the court of the first instance completely and sends the criminal case for new reviewing in the court of the first instance.
A cassation complaint or a protest on a ruling of the Chamber may be filed not later than within 10 days, but if the court has prolonged term of appeal – not later than in 20 days – after the day when the complete rule of the court is available. The sentence of the court of appeal comes into force, when the term for apellation of it in the procedure of cassation has ended and sentence hasn’t been appealed. If a cassation complaint or a protest is filed, the judgment becomes effective after the case is reviewed in the court of cassation instance.
The Chamber of Criminal Cases of the Supreme Court reviews also complaints about admissibility of extradition of individuals to foreign states and decisions of General Prosecutor’s Office about extradition of individuals to a member-state of European Union.
