The Department of Criminal Cases of the Senate: formulation of charges in tax cases and in determination of substantial harm causes problems to guides of proceedings
22 February, 2013
When analysing the most legally complex cases reviewed by the Department of Criminal Cases of the Senate in 2012, inter alia, cases that aroused social interest, it is necessary to admit that formulation of charges, inter alia – in tax cases and cases containing substantial harm as one of indicators of corpus delicti, causes problems to guides of proceedings, Peteris Dzalbe, the Chair of the Department of Criminal Cases of the Senate, said in the Plenary Session of the Supreme Court.
It is undeniable that the Senate plays an important role in development of unified case-law, which is followed also by investigators and prosecutors. Thus, as the Chair of the department pointed out, senators have to enter into existing case-law, theoretical conclusions, analysis of laws thoroughly not to jump to conclusions; unfortunately, senators often come in conflict between faster review of cases and necessity to give broaden, extended explanation about legal problem.
The Department of Criminal Cases of the Senate expressed important conclusions on issues of criminal law and criminal procedure law last year, namely, on issues related to legalisation of proceeds from crime, on determination of punishment and termination of criminal proceedings if unjustified delay of criminal procedure is established, on separation of confiscation of property proceeded in crime from confiscation of property as a punishment, on understanding of robbery of property from vehicle and other issues.
Summary of conclusions expressed in court rulings amended or quashed by the Senate will be delivered to courts and the Judicial Training Centre so that judges and prosecutors could use those in practical work. The Department of Criminal Cases of the Senate has planned also to summarise conclusions expressed in decisions, by which rulings appealed are left unaltered.
Promoting unified understanding about application of legal standards, the Department of Criminal Cases of the Senate in cooperation with the Division of Case-law performs case-law studies, however, not only by its own initiative, but also on problems proposed by the Prosecutor’s Office. Three summaries of case-law in criminal cases were performed last year, and one of them, namely, on case-law in criminal cases about fraudulent obtaining and use of credits and other loans – was developed according to proposal of the Prosecutor General.
Promoting professional cooperation between the court and prosecutor’s office, the Division of Case-law of the Supreme Court has indicated improvement of cooperation with the Methodological Division of the Department of Activity Analysis and Management of the Prosecutor’s General Office.
On the 22nd of February, the Plenary Session or the general meeting of judges of the Supreme Court took place, in which analysis of work of the Supreme Court performed last year was performed and prospects of further operation were indicated.
You may read more about the Plenary Session of the Supreme Court here:
Work overload of the court is pointed out at the Plenary Session of the Supreme Court
The Supreme Court: amendments to the laws, which were not discussed, doesn’t accomplish a purpose and causes problems in application
The Supreme Court calls for mutual tolerance of authorities
Necessity to develop institution of sworn advocate is pointed out at the Plenary Session
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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