Compilation of case-law in cases on application of Sections 317, 318 and 319 of the Criminal Law is discussed and approved for publishing at the general meeting of judges of the Department of Civil Cases of the Supreme Court. Compilation is prepared by Valentija Liholaja, the professor of law at the Department of Criminal Law of the Faculty of Law of the University of Latvia, in cooperation with the Division of Case-law of the Supreme Court.

Study includes analysis of criminal cases, in which charges were brought for exceeding of official authority if it is related to violence or threat of violence, or if it is committed for the purpose of acquiring property; for abuse of official position, if it is committed for the purpose of acquiring property, and for failure to act by state officials for the purpose of acquiring property.

160 rulings rendered in 78 criminal cases, which have become effective between 2009 and 2014, and particular rulings, which became effective in 2008, are analysed during research.  78 from among them are judgements of the first instance court, 58 – rulings of the appellate instance court, and 24 – rulings of the cassation instance court.

Having studied case-law on application of Sections 317, 318 and 319 of the Criminal Law, it is concluded, that, comparing to conclusions of previous case-law study performed in 2004, there are positive changes regarding determination of objective element and special subject, and in establishment of qualified substance of these offences. At the same time, it is pointed out that precise establishing of significant harm and substantiation of its existence presents difficulties even more and insufficient attention is paid to analysis of subjective element of the offence, which is particularly important to qualify offences related to harm, which is caused to health and life, correctly. Inaccurate cases of separation of offences analysed and of development of totality thereof are also established.  

To eliminate imperfections established and to ensure uniform application of Sections 317, 318 and 319 of the Criminal Law, authors of research made wide range of conclusions approved at the general meeting of judges of the Department of Criminal Cases of the Supreme Court.   

Study “Case-law in criminal cases on Paragraph Two Section 317, Paragraph Two Section 318, and Paragraph Two Section 319 of the Criminal Law” is available on the web site of the Supreme Court in section Judicature/ Compilations of court decisions/ Criminal law

                                                                                                           

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211