The Department of Criminal Cases of the Supreme Court Senate has published the collection of decisions adopted in criminal cases under the procedure of cassation in 2007 which may serve as information for and awaiting the assessment of judges, prosecutors, attorneys and other lawyers. The collection contains 105 decisions of the Department of Criminal Cases adopted in 2007.

The Head of the Department of Criminal Cases of the Senate Pavels Gruzins hopes that the readers will evaluate the Senate’s decisions published in the collection with interest and understanding. He stresses that it must be understood that the Senate’s cognitions and the interpretation of legal standards should not become constant dogmas. Along with the changing relationships in the society, the laws, the understanding of the laws and their practical application changes, as well.

The Senator of the Department of Criminal Cases of the Senate Peteris Dzalbe and the advisor in the criminal cases of the Division of Case-law, the assistant to the Senator Nora Magone participated in the preparation of the collection.

The first part “Decisions on issues of application of the General Part of the Criminal Law” contains decisions dealing with the issues of determination of punishment, explanation of mitigating circumstances, understanding of an organized group, and other issues of application of standards of the General Part of the Criminal Law.

 

The second part „Decisions on issues of application of the Special Part of the Criminal Law” contains decisions relating to the problems of qualification of separate criminal offences, finding elements of a criminal offence, separation of elements of criminal offences. The Department of Criminal Cases of the Senate has expressed its view regarding hooliganism, means of extortion, cheating, damage of property, illegal activities with means of payment and other issues regarding the elements of criminal offence. The collection contains also decisions regarding determination, interpretation and separation of elements of robbery, cheating, damage of property, extortion and misappropriation.

 

The bulkiest part of the collection is the part “Decisions on issues of application of the Criminal Procedure Law”. The Department of Criminal Cases of the Senate has provided explanation on issues of deciding the applications regarding compensation for damages, authorization of the victim in criminal proceedings, contents of a complaint in a case of private accusation, lawfulness and validity of a judgment, grounds for termination of criminal proceedings, the role of the court in the confirmation of a settlement. There are also decisions referring to the determination of circumstances of a conflict of interests regarding separate persons involved in criminal proceedings. The Department of Criminal Cases has expressed its opinion regarding a plea bargain during the pre-trial proceedings and other issues.

 

The collection “Decisions of the Department of Criminal Cases of the Senate of the Supreme Court of the Republic of Latvia” contains only part of the decisions adopted in 2007 as many of them are alike regarding the application of legal standards. Out of all the reviewed criminal cases in 2007, the Senate left unchanged 72% of the rulings of the courts of lower instances, 20% were reversed, 8% - changed.

 

The collection of the Senate’s rulings is available in bookstalls of the Court Houses Agency (Tiesu namu aģentūra). The price is Ls 20.90.

 

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