The provisions that govern the time-limit for submission of a cassation complaint in criminal proceedings comply with the Satversme
27 March, 2020
On March 26, the Constitutional Court passed a judgment in the case No 2019-15-01 “On the Compliance of Section 564, Paragraph seven, Third Sentence and Section 570, Paragraph one of the Criminal Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia”, recognizing that provisions governing the time-limit for submission of a cassation complaint in criminal proceedings comply with the Satversme (Constitution).
The Criminal Procedure Law allows the court to decide on the extension of the time-limit for submission of a complaint by 10 days due to the special complexity and scope of the criminal proceedings. A cassation complaint or protest must be submitted no later than 10 days or, if the court has extended the time limit for submission, no later than 20 days after the date on which the full court decision becomes available.
The Applicant had indicated that the term of 20 days for the preparation of a complaint in certain cases, due to the complexity or scope of the ruling, may prevent a person from drawing up and submitting a cassation complaint. Thus, the contested provisions restrict a person's right to access to court established in the Satversme.
Judgment of the Constitutional Court (in Latvian)
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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