Mr. Pavels Gruzins is the current Chair of the Department of Criminal Cases. Mr. Gruzins has a law degree from the University of Latvia. Prior to his confirmation to the Supreme Court, he worked as the chief judge of the Limbazi District People’s Court. Mr. Gruzins was confirmed to the Supreme Court in 1986. Elected tfe Chair of the Department of Criminal cases in 1995, re-elected in 2000 and 2005.
Elected the deputy Chief Justice in 1990, re-elected in 1995, 2002 and 2009.
In addition to Mr. Gruzins, the Department of Criminal Cases consists of five Senators: Mr. Arturs Freibergs, Mr. Voldemars Cizevskis, Ms. Anita Nusberga, Mr. Vilnis Vietnieks and Mr. Peteris Dzalbe.
On October 1, 2005, the Criminal Procedure Law came to effect, Section 54 of which regulates reviewing of cases under the cassation procedure.
Under the cassation procedure, the Department of Criminal Cases of the Senate hears the following:
- cassation complains or protests on the rulings of the appellate instance court which have not become effective;
- cassation complaints or protests on the rulings of the first instance court which have been adopted in negotiation proceedings and which have not become effective.
The Department of Criminal Cases reviews also cases in which the ruling of the appellate instance court or the Senate has become effective in case if criminal proceedings have been renewed due to newly discovered circumstances.
The Department of Criminal Cases reviews also applications and protests on a new review of an effective court ruling due to significant violation of standards of substantial or procedural laws.
A cassation complaint may be filed by the accused, his/her representative, victim, his/her representative, and the lawful representative. A prosecutor has the right to file a cassation protest.
The lawfulness of rulings under the cassation procedure is reviewed only if a claim expressed in a cassation complaint or a protest is substantiated by a violation of the Criminal Law or an essential violation of the Criminal Procedure Law.
Article 574 of the Criminal Law states that the following is acknowledged as a violation of the Criminal Law:
- incorrect application of clauses of the General Part of the Criminal Law;
- incorrect application of an article, its part or sub-article of the Criminal Law when qualifying a criminal offence;
- determination of such type or measure of punishment for the accused which has not been stipulated in the respective sanction of an article of the Criminal Law.
Article 575, part 1, of the Criminal Procedure Law indicates the essential violations of the criminal proceedings which in any way cause revocation of the court ruling.
Question about check of the rule in the procedure of cassation has been reviewed by the senator (reporter), appointed by the Chair of the Department of Criminal Cases of the Senate.
The senator – reporter having examined the case, adopts a decision:
- on reviewing the case in a written proceeding;
- on reviewing a case in a court session;
- or rejects verification of the lawfulness of a ruling if the expressed claim is not substantiated on a violation of the law.
The rule has been written as resolution and it is not reversible.
A case is reviewed in a written proceeding if it is possible to adopt a decision in the case based on the materials existing in the case, following the competency of the court of Cassation. If additional explanations are necessary, or the Senate finds that the respective case may have a special significance in the interpretation of law standards, the case is heard in a court session.
Both in written proceedings and in court sessions, the case is reviewed in the composition of three senators. The question about claim or protest regarding rules that has been accepted in separate cases, established in Criminal Procedure Law, has been solved by one senator.
Under Article 587 of the Criminal Procedure Law, the Department of Criminal Cases adopts one of the following decisions:
- to leave the ruling unchanged, and to decline the cassation complaint or protest;
- to revoke the ruling in full or in a part and to send the case for new reviewing ;
- to revoke the ruling in full or in a part and to terminate criminal proceedings;
- to change the ruling;
- to terminate cassation proceedings.
If the Senate established such essential infringement of Criminal Procedure Law that Court of Appeal cannot remove, then it cancels rules of courts of both instances and sends case for new reviewing in the court of first instance.
Applications and protests on new reviewing of effective court rulings due to essential violations of the standards of substantial or procedural laws are reviewed by the Department of Criminal Cases under the procedure determined by the Criminal Procedure Law. The court verifies the judgment or decision in the disputed part. A ruling may be verified also in full and in respect to all the convicted if there are grounds for its revocation due to such violations of the law which have led to incorrect adjudication of the case.
If a case is reviewed in verbal proceedings in a court session, the operative part of the court decision is announced in the court room immediately after its signing.
Motivated rule of the Court of Cassation not later than in 5 working days after its acceptance, has been signed by all composition of the court and together with the case sends it to the court of first instance or to the court, whose rule was cancelled and rule upon sending of case for new reviewing was accepted. The copy of rule of the Senate has been sent to the claimant and prosecutor. The result of the reviewing has been announced to other persons, whose interests have been touched by the claim or protest.
A decision of the Senate may not be appealed, and it becomes effective from the moment of its announcement.
