Criminal proceedings against Vietnamese, who have been expelled from the country for this offence by force already, are dismissed
18 January, 2016
On 18 January, the Department of Criminal Cases of the Supreme Court, having examined the cassation protest filed by the prosecutor against the judgement of Aluksne district court, by which 15 Vietnamese were found to be guilty in commitment of the offence stipulated in Section 284 (2) of the Criminal Law, namely, for intentional unlawful crossing of the state border. The Supreme Court abolished the foregoing judgement of the first instance court and dismissed criminal proceedings initiated against the accused, because, in accordance with provisions of Section 377 (7) of the Criminal Procedure Law, criminal proceedings initiated for unlawful crossing of the state border against such foreign national or stateless person, who is expelled from the Republic of Latvia by force for commitment of this offence, must be dismissed. The Supreme Court established that after examination of the case in the first instance court all accused persons were expelled from the country. The decision of the Supreme Court may not be appealed.
When examining the case in the first instance, Aluksne district court established that in July 2015 group of citizens of the Socialist Republic of Vietnam, which included 15 individuals, agreed to unlawfully cross the border of the European Union to go to Poland and Germany through Latvia. On 1 August 2015, the foregoing group of persons crossed the border of the Republic of Latvia in Voroza of Liepna parish of Aluksne district, and unlawfully stayed in Latvia until the moment, when they were detained.
By the judgement of Aluksne district court of 25 August 2015, the agreement on admission of guilt and on punishment, which was concluded between the prosecutor and the accused persons, was approved. By the judgement of the first instance court, all accused were found guilty in unlawful crossing of the border and punished with short-term deprivation of liberty for two months, establishing an additional punishment – expulsion from the republic of Latvia, stipulating the prohibition to enter the country for three years.
The prosecutor submitted the protest against the judgement of the first instance court, asking to alter the judgement of Aluksne district court in the part regarding time included in sentence term.
Information prepared by Baiba Kataja, the Press secretary of the Supreme Court
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