Press Releases
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21th of April, 2008
21.aprīlī Krimināllietu tiesu palātā apelācijas kārtībā bija plānots skatīt lietu Jura Začesta, Grigorija Bekasova un Olgas Skutānes apsūdzībā. Apelācijas instances tiesa atlika lietas izskatīšanu.
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21th of April, 2008
On April 21, three US lawyers from New Jersey – regional court judge Stanley Richard Chesler, defense attorney Richard Coughlin and the prosecutor Marc D. Larkins visited the Supreme Court to discuss the application of plea bargaining in the pre-trial process.
The Chief Justice of the Supreme Court Andris Gulans when telling his colleagues from America about the standards of the Latvian Criminal Procedure Law and the latest legislation initiatives stressed that, in his opinion, Latvia also needs a more extensive application of plea bargaining.
The guests told that in USA plea bargaining during the pre-trial process is applied for about sixty years already, and a prosecutor is rather free in his actions. The judge Chesler pointed out that on the federal level and in separate states there are different models. For example, in federal courts if the accused admits his guilt, the plea bargaining is settled between the attorney and the prosecutor, it is recommending for the court, however, the judges are free to decide upon the punishment. And, in some states there is a practice that the plea bargaining is settled jointly by the attorney, the prosecutor and the judge, but in other states a judge may decline plea bargaining, as well. When asked which model is more effective the guests noted that each of them is effective in the specific environment because both the local peculiarities and the court work load is taken into account.
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18th of April, 2008
Kopumā paredzēts izskatīt 90 lietas.
Krimināllietu tiesu palātā paredzēts izskatīt 13 lietas. 6 lietas skatīs, jo apelācijas sūdzību iesniedzis apsūdzētais, vienā lietā apelācijas protestu iesniegusi Zemgales tiesas apgabala prokuratūra, divās lietās apelācijas sūdzības aizstāvji iesnieguši, 2 lietās apelācijas protestu iesniegusi Rīgas tiesu apgabala prokuratūra. Kā arī viena lieta būs par drošības līdzekļa piemērošanu un vienā lietā lems par izdošanas pieļaujamību Polijas Republikai.
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17th of April, 2008
The Division of Case-law of the Supreme Court has published analysis of the court practice prepared in cooperation with the Department of Criminal Cases of the Senate regarding criminal cases in which verdicts of guilty have been passed instead of reversed verdicts of not guilty, and verdicts of not guilty – instead of reversed verdicts of guilty. The main conclusion: when dealing with issues of qualification of criminal offences, the initiators of the proceedings have to use more widely the cognitions included in the case-law which contain indication to a correct settlement of the mentioned issues.
During the research 208 court rulings in criminal cases were analyzed which were heard in 34 Latvian courts in the first instance, which became effective in the period from 2004 till 2007, as well as the court rulings of the appellate instance and cassation instance in these criminal cases. The mentioned court rulings relate to 257 persons regarding who a verdict of not guilty was passed in one of the court instances.
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17th of April, 2008
On April 17, with 75 votes for, 0 – against and 4 persons – abstained, Aldis Lavins, the Chairman of the Administrative Regional Court was confirmed in the position of the Supreme Court judge.
Aldis Lavins was born in 1973, in 1996 he graduated from the Latvian Academy of Police with the diploma of a lawyer, afterwards he received his master’s degree in law.
He worked in the Economic Police, in the Department of Civil Law of the Latvian Academy of Police and the Legal Department of the State Treasury.
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15th of April, 2008
The State President Valdis Zatlers when meeting with the Chief Justice of the Supreme Court Andris Gulans in the Riga Castle on April 15 was interested in four most current issues: the work and problems of the Supreme Court, the establishment of the Judicial Ethical Commission, the intended amendments to the Criminal Procedure Law and the procedure of nomination of a candidate of the next Chief Justice of the Supreme Court.
The Chief Justice of the Supreme Court informed about the results of the work of the Supreme Court in 2007 and the mounting problem – the increase of the number of pending cases. It is connected with the insufficient number of judges which cannot be increased due to the lack of premises in the Supreme Court. A. Gulans informed the president also about the conference on the punitive policy which is organized by the Supreme Court on April 25. The State President was interested in the Judicial Ethical Commission which was established in the judicial conference on April 11. Due to his busy working schedule V. Zatlers could not participate in the conference himself.
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15th of April, 2008
The Supreme Court Senators Dace Mita and Rudite Vidusa visited the Court of the European Communities in Luxemburg on April 8 – 9. The group consisted of 20 people, basically the administrative judges from the Administrative District Court, the Administrative Regional Court and the Department of Administrative Cases of the Senate, as well as several representatives from the Ministry of Justice. As it was noted by the judges of the Court of the European Communities Egils Levits, this was the biggest group of judges from Latvia which has ever visited the Court.
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15th of April, 2008
15.aprīlī Senāta administratīvo lietu departamentā kasācijas kārtībā izskatīja administratīvā pārkāpuma lietu par Pētera Jaundžeikara saukšanu pie administratīvās atbildības. Senāta spriedums būs pieejams 15.maijā.
Kasācijas sūdzību iesniedza P.Jaundžeikars, jo nepiekrita Administratīvās apgabaltiesas spriedumam. No procesa dalībniekiem uz tiesas sēdi bija ieradies P.Jaundžeikara pilnvarotais pārstāvis Edgars Džeriņš. Tiesas sēdē pārstāvis uzturēja kasācijas sūdzību, jaunu pieteikumu vai lūgumu nebija.
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14th of April, 2008
In the period from March 2007 till April 2008, 13 meetings of the Judicial Qualification Panel were convened in which 208 cases were reviewed. It was reported by the Chairman of the Judicial Qualification Panel Gunars Aigars at the judicial conference on April 11.
For conferring a qualification grade, 80 judges were certified – for 25 more than in the previous report period. Ten judges – one from the Supreme Court and nine – from the regional courts – received the highest – the 1st qualification grade. The 2nd qualification grade was conferred to 37 judges – one from the Supreme Court, nineteen from the regional courts and seventeen from the district (town) courts, the 3rd grade was conferred to 14 judges – two judges from the regional courts and twelve – from the district (town) courts, 4 judges from the district (town) courts were conferred the 4th qualification grade, and 12 judges – the 5th qualification grade. In one case it was declined to confer a qualification grade.
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14th of April, 2008
The Judicial Qualification Panel has managed to dispel the view that it is a punitive institution the only goal of which is to punish – it was stressed in the report of the Chairman of the Disciplinary Panel Andris Gulans at the conference on April 11.
Out of seventeen disciplinary cases brought in 2007, in eight cases the Panel applied punishment – reprimand, in four cases – a warning. For the first time in one of the cases an unusual measure of punishment was imposed – decrease of the amount of salary for 20% for a period of one year. However, three disciplinary cases were just heard at the meeting, and in one event the disciplinary case was terminated.
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