Today, on August 13, the Chief Justice of the Supreme Court Ivars Bickovics returned to the specialized prosecutor’s office of the organized crime and other branches the materials of the criminal case in which the Chairman of the Ventspils City Council Aivars Lembergs, his son Anrijs Lembergs, as well as the businessman Ansis Sormulis from Ventpils were brought to trial. The criminal proceedings were passed over to the Supreme Court by the prosecutor’s office to determine the jurisdiction of the case.

I. Bickovis indicates that at the present moment the Chief Justice of the Supreme Court does not have legal grounds to determine the jurisdiction of the case as the prosecutor’s office has not followed the procedure of progress of the case stipulated by the Criminal Procedure Law. In accordance with Article 413, part 3, the prosecutor’s duty was to send to the court the decision on passing over the criminal case to the court immediately, taking into account the regulations on jurisdiction stated in Article 442, parts 1 and 2, and Article 443 of the Criminal Procedure Law. In the event that the court having received a criminal case from the prosecutor’s office finds that the case is within the jurisdiction of another court, it passes the case over to another court in accordance with the regulations of Article 444 of the Criminal Procedure Law.

The Chief Justice of the Supreme Court notes that Article 445 of the Criminal Procedure Law gives the court and not the prosecutor’s office the right in special cases to apply to the chairman of a court of a higher level with the request to propose to pass a case being in its jurisdiction over to another court.

Taking into account the above arguments, the Chief Justice of the Supreme Court considers that at the present moment there are no legal grounds to review the application of the prosecutor’s office on the merits, and returns the application along with the materials of the case to the prosecutor’s office for the execution of the requirements of Article 413, part 3, of the Criminal Procedure Law.

 

Information prepared by

Head of the Division of Communications of the Supreme Court Rasma Zvejniece

E-mail: rasma.zvejniece@at.gov.lv, telephone: 7020396, 28652211