Chapter 2. Basic Principles of Criminal Proceedings (Sections 6-25)
30.04.2021.
Decision of the Department of Criminal Cases, case No SKK-J-263/2021
Right of the court to correct the punishment stipulated in the agreement protocol when applying Section 51 of the Criminal Law
01.12.2021.
Decision of the Department of Criminal Cases, case No SKK-155/2021
Essence of the trial of a case in a written procedure in the appellate instance court; Separation of the information justifying the identity of the accused and the mitigating circumstances; Application of a suspended sentence
10.02.2021.
Decision of the Department of Criminal Cases, case No SKK-92/2021
Assessment of the admissibility of a secretly recorded conversation made by the police officer in connection with a person's right not to testify and not to provide self-incriminating (accusing) information
28.01.2021.
Decision of the Department of Criminal Cases, case No SKK-2/2021
Assessment of the principle of inadmissibility of double jeopardy (ne bis in idem)
02.02.2021.
Decision of the Department of Criminal Cases, case No SKK-1/2021
Assessment of the content of a disposition of the criminal offence provided for in Section 219 of the Criminal Law; Obligation of a court in criminal proceedings regarding a criminal violation to assess the admissibility of the use of information obtained in a measure of operational activity
2021.
Decision of the Department of Criminal Cases, case No SKK-[H]/2021
Trial of a criminal case in the appellate instance court in written procedure during the emergency situation and ensuring of the right to a fair trial; Admissibility of the testimonies if the minor victim has been interrogated in violation of the provisions of Paragraph 4 of Section 152 of the Criminal Procedure Law
17.12.2020.
Decision of the Department of Criminal Cases, case No SKK-489/2020
Inappropriate notification to the accused of the time and place of the court hearing in a criminal case submitted in accordance with the settlement procedure as a substantial violation within a meaning of Paragraph three of Section 575 of the Criminal Procedure Law
03.11.2020.
Decision of the Department of Criminal Cases, case No SKK-466/2020
Ensuring of the right of an accused to state guaranteed-defense in the appellate instance court
14.05.2020.
Decision of the Department of Criminal Cases, case No SKK-256/2020
Application of the presumption of innocence in the assessment of evidence; Assessment of the reliability of evidence
30.10.2020.
Krimināllietu departamenta lēmums lietā Nr. SKK-59/2020
Right to submit a cassation complaint in the interests of the owner of property infringed during criminal proceeding; The right to be heard applied to the owner of the property infringed during criminal proceeding; More beneficial law within a meaning of Paragraph two of Section 5 of the Criminal Law; Assessment of the effect of a procedural error to the legality of court ruling; Right to the examination of a matter in objective court; The effect to presumption of innocence of public statements of the prosecutor and judge
30.10.2020.
Krimināllietu departamenta lēmums lietā Nr. SKK-59/2020
Right to submit a cassation complaint in the interests of the owner of property infringed during criminal proceeding; The right to be heard applied to the owner of the property infringed during criminal proceeding; More beneficial law within a meaning of Paragraph two of Section 5 of the Criminal Law; Assessment of the effect of a procedural error to the legality of court ruling; Right to the examination of a matter in objective court; The effect to presumption of innocence of public statements of the prosecutor and judge
17.06.2020.
Decision of the Department of Criminal Cases, case No SKK-38/2020
Liability provided for in Paragraph one of Section 185 of the Criminal Law for intentionaly destruction of and damage to property and determination of the value of the object of these criminal offences; Separation of procedural functions
14.02.2020.
Decision of the Department of Criminal Cases, case No SKK-33/2020
Threatening to disclose defamatory information concerning the victim or relatives of the victim within a meaning of the Section 183 of the Criminal Law; Duty of the court to assess the arguments of the defence about possible police incitement
26.02.2020.
Decision of the Department of Criminal Cases, case No SKK-29/2020
Duty of the court to examine and decide the amended accusation which is maintained in the court
31.10.2019.
Decision of the Department of Criminal Cases, case No SKK-266/2019
Unjustified trial of a criminal case without the participation of the accused
31.01.2019.
Decision of the Department of Criminal Cases, case No SKK-28/2019
Objections of the defense counsel against examination of the case in a written procedure in the appellate instance court
2019.
Decision of the Department of Criminal Cases, case No SKK-[C]/2019
Compensatory mechanism for violation of the rights to the trial within reasonable time
2019.
Decision of the Department of Criminal Cases, case No SKK-[A]/2019
Assessment of the right to the trial within a reasonable time and compensatory mechanism in case of violation of this right
06.11.2018.
Decision of the Department of Criminal Cases, case No SKK-643/2018
Not admission of guilt and not using of the right to cooperation shall not be the grounds to impose more severe punishment
29.11.2018.
Decision of the Department of Criminal Cases, case No SKK-J-625/2018
Duty of the court to clarify the reason of the refusal of an accused from the defence counsel
11.09.2018.
Decision of the Department of Criminal Cases, case No SKK-255/2018
Guaranteeing of human rights in imposition of punishment of deprivation of liberty to the person with disabilities
06.02.2018.
Decision of the Department of Criminal Cases, case No SKK-47/2018
Criminal proceedings lasting several years, in itself, shall not be grounds to recognise that there have been unreasonable delay and therefore violation of the right to the trial within a reasonable time
21.09.2017.
Decision of the Department of Criminal Cases, case No SKK-343/2017
Use as evidence of testimony of a witness who is not present at the court session
09.12.2016.
Decision of the Department of Criminal Cases, case No. SKK-556/2016
Violation of the right to the adjudication of a matter in a fair court in the last word of the accused
28.06.2016.
Decision of the Department of Criminal Cases, case No. SKK-348/2016
Testimony admissibility conditions; observance of the right to defence in using testimonies as evidence
20.04.2016.
Decision of the Department of Criminal Cases, case No. SKK-260/2016
Conditions for recovery of payment for defender’s work before the appellate court in favor of the state
09.02.2016.
Decision of the Department of Criminal Cases, case No SKK-92/2016
The court, when assessing allegations of the accused regarding violent acquisition of evidence in pre-trial proceedings, must evaluate whether the prohibition for torture and inhuman treating was breached
04.02.2016.
Decision of the Department of Criminal Cases, case No SKK-53/2016
Circumstances, which have been assessed, when deciding whether the incitement to commit the crime occurred
15.10.2015.
Decision of the Department of Criminal Cases, case No. SKK-J-572/2015
Right to fair trial and clarification of reasons of refusal of an accused from the defence counsel
28.12.2015.
Decision of the Department of Criminal Cases, case No. SKK-549/2015
Inadmissibility of evidence, if information on facts is obtained by violation of fundamental principles of criminal procedure
02.12.2014.
Decision of the Department of Criminal Cases, case No SKK-802/2014
Possibility of limitation of human rights; information on facts, which is obtained by violating fundamental principles of criminal procedure, must be recognised as inadmissible and not to be used in proving
16.12.2014.
Decision of the Department of Criminal Cases, case No SKK-582/2014
Violation of Article 6 §3 (d) of the European Convention for Protection of Human Rights and Fundamental Freedoms
28.08.2014.
Decision of the Department of Criminal Cases, case No SKK-557/2014
Fundamental principle of criminal procedure – prohibition of torture and humiliation
07.04.2014.
Decision of the Department of Criminal Cases, case No SKK-78/2014
Fundamental principles of human rights guarantee and right to fair trial as condition for admissibility of evidences
16.12.2013.
Decision of the Department of Criminal Cases of the Senate, case No SKK-758/2013
Right of an accused to defence, if the criminal case has been reviewed in the appellate instance court in written proceedings
16.12.2013.
Decision of the Department of Criminal Cases of the Senate, case No SKK-628/2013
Request of an accused to provide counsel defence in the appellate instance court, if the case has been reviewed in written proceedings
18.12.2013.
Decision of the Department of Criminal Cases of the Senate, case No SKK-381/2013
Taking administrative punishment into account, when determining punishment in criminal case
11.11.2013.
Decision of the Department of Criminal Cases of the Senate, case No SKK-375/2013
Assessment of admissibility of information obtained in result of operational activity in criminal proceedings on criminal misdemeanour
11.11.2013.
Decision of the Department of Criminal Cases of the Senate, case No SKK-289/2013
Assessment of admissibility of information obtained in result of operational activity
14.05.2013.
Decision of the Department of Criminal Cases of the Senate, case No SKK-39/2013
Right of a court to re-qualify criminal actions incriminated or to admit actual circumstances of a crime, which are different from accusation, as proved
05.11.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-642/2012
Obligation of the appellate instance court to call for a defence counsel to an accused to implement defence guaranteed by the State
16.10.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-546/2012
Elimination of criminal procedure, if right of an accused to well timed review of a case is violated
20.09.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-443/2012
Right to invite defence counsel chosen by the accused him/herself
04.06.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-8/2012
Section 405 of the Criminal Procedure Law indicating requirements for content of a charge, should be reviewed in connection with the Paragraph One Section 20 of the Criminal Procedure Law
11.11.2011.
Decision of the Department of Criminal Cases of the Senate, case No SKK-480/2011
Inadmissibility to substantiate of a court judgement with evidences included in another criminal proceedings
09.06.2011.
Decision of the Department of Criminal Cases of the Senate, case No SKK-198/2011
Substantiation of court conclusions with evidences, which are not verified in accordance with the law
12.05.2011.
Decision of the Department of Criminal Cases of the Senate, case No SKK-160/2011
Obligation of a court to decide, if a dead accused person in a concrete case has or has not committed an offence
29.03.2011.
Decision of the Department of Criminal Cases of the Senate, case No SKK-147/2011
Right of a court to receive evidences by its own initiative
25.01.2011.
Decision of the Department of Criminal Cases of the Senate, case No SKK-15/2011
Right of a court to alter charges brought, observing fundamental principles of criminal procedure
28.10.2010.
Decision of the Department of Criminal Cases of the Senate, case No SKK-532/2010
Initiation of a criminal procedure for the offence stipulated in the Paragraph One Section 260 of the Criminal Law
05.11.2010.
Decision of the Department of Criminal Cases of the Senate, case No SKK-508/2010
Compensation of harm, set by a court, is not considered to be punishment in understanding of the Section 35 of the Criminal Law or double jeopardy in understanding of the Section 25 of the Criminal Procedure Law
16.12.2010.
Decision of the Department of Criminal Cases of the Senate, case No SKK-66/2010
Translation of a document into language understandable to a person
08.06.2010.
Decision of the Department of Criminal Cases of the Senate, case No SKK-20/2010
Initiation of criminal procedure in case about private public accusation
19.01.2010.
Decision of the Department of Criminal Cases of the Senate, case No SKK-1/2010
Obligation of a court of the first instance to decide, if an accused, who died during period of adjudication of a case, has or has not committed an offence
30.01.2009.
Decision of the Department of Criminal Cases of the Senate, case No SKK-8/2009
Violation of rights of an accused guaranteed in the Section 20 of the Criminal Law
23.03.2007.
Decision of the Department of Criminal Cases of the Senate, case No SKK-J-157/2007
Application of criminal punishment to individual, who was punished disciplinary
