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Chapter 42. General Provisions of the Trial of a Criminal Case (Sections 449-474)

16.02.2021. Decision of the Department of Criminal Cases, case No SKK-15/2021 Modification of an accusation in the appellate instance court due to a change in the factual circumstances of the criminal offence without any changes in the qualification of the offence; Additional punishment provided for in the sanction of Paragraph two of Section 218 of the Criminal Law – deprivation of the right to a certain or all type of commercial activity or to a specific employment, or the right to hold a certain position

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26.03.2021. Decision of the Department of Criminal Cases, case No SKK-J-13/2021 Deciding on the request of the persons involved in criminal proceedings if the trial of the criminal case is commenced de novo; Impossibility of approving the agreement between the accused and the prosecutor on admission of guilt and a punishment in the appellate instance court

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2021. Decision of the Department of Criminal Cases, case No SKK-[B]/2021 Re-qualification of actions of an accused during the trial

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01.10.2020. Decision of the Department of Criminal Cases, case No SKK-581/2020 Incorrectly indicated qualification of the proven criminal offence in the descriptive part of a judgment of conviction shall no be recognised as a clerical error within a meaning of Section 474 of the Criminal Procedure Law

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16.09.2020. Decision of the Department of Criminal Cases, case No SKK-104/2020 Use of the evidence mentioned in a decision to transfer a criminal case to a court in proving

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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

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18.02.2020. Decision of the Department of Criminal Cases, case No SKK- 49/2020 Trial of a criminal case without the participation of the accused

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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

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2020. Decision of the Department of Criminal Cases, case No SKK-[L]/2020 Correction of clerical errors in a ruling of a lower instance court

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09.12.2019. Decision of the Department of Criminal Cases, case No SKK-810/2019 Possibility of correction of clerical errors in the operative part of a court ruling

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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

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19.12.2019. Decision of the Department of Criminal Cases, case No SKK-212/2019 Determination of the expert-examination during the trial upon the request of the person involved in criminal proceedings

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27.02.2019. Decision of the Department of Criminal Cases, case No SKK-62/2019 Trial of a criminal case in the absence of the accused for whom entry into the Republic of Latvia is prohibited

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30.08.2019. Decision of the Department of Criminal Cases, case No SKK-57/2019 Distinction of amendments to accusation from appellate protest in appellate proceedings; Abettor of a criminal offence; Inadmissibility to amend the accusation to more severe in the appellate instance court

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24.05.2019. Decision of the Department of Criminal Cases, case No SKK-22/2019 Trial of a criminal case in the absence of the accused (in absentia)

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06.09.2018. Decision of the Department of Criminal Cases, case No SKK-423/2018 The court may not establish different from the accusation factual circumstances of the criminal offence without conducting a verification of evidence

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31.05.2018. Decision of the Department of Criminal Cases, case No SKK-121/2018 Unchangeability of the composition of a court

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14.06.2018. Decision of the Department of Criminal Cases, case No SKK-15/2018 Consequences of a withdrawal from prosecution

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09.02.2018. Decision of the Department of Criminal Cases, case No SKK-5/2018 Unchangeability of the composition of a court

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06.12.2017. Decision of the Department of Criminal Cases, case No SKK-507/2017 Participation of a victim in the trial of a criminal case

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13.06.2017. Decision of the Department of Criminal Cases, case No SKK-J-444/2017 Trial of a criminal case in the absence of the accused (in absentia)

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03.05.2017. Decision of the Department of Criminal Cases, case No SKK-234/2017 Legal qualification of the particular criminal offence is determined by the factual circumstances established in case and not by the rewriting disposition of the Article of the Criminal Law

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2017. Decision of the Department of Criminal Cases, case No SKK-[B]/2017 The duty of the court to examine amended accusation

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28.04.2016. Decision of the Department of Criminal Cases, case No SKK-189/2016 Unjustified adjudication of a criminal case in absence of the accused (in absentia)

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10.02.2016. Decision of the Department of Criminal Cases, case No SKK-38/2016 Adjudication of a case in absence of the accused in the appellate instance court

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31.03.2016. Decision of the Department of Criminal Cases, case No SKK-25/2016 Transfer of a bribe and offering of a bribe as independent completed criminal offences; factual circumstances of bribe-giving, which differ from the accusation and which deteriorate the position of the accused

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14.06.2016. Decision of the Department of Criminal Cases, case No SKK-6/2016 Right of the court of appeal to modify prosecution after going to deliberation room to deliver judgement; rules of applying coercive enforcement measures to legal person

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09.04.2015. Decision of the Department of Criminal Cases, case No. SKK-199/2015 Correction of mathematical error or misspelling and imposed punishment

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28.05.2015. Decision of the Department of Criminal Cases, case No.  SKK-74/2015 Review of a criminal case in absence of an accused, if it is impossible to ensure his arrival to the court

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14.04.2015. Decision of the Department of Criminal Cases, case No. SKK-50/2015 Correction of mathematical error or misspelling in the operative part of a ruling

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10.02.2015. Decision of the Department of Criminal Cases, case No SKK-5/2015 Explanation on particular facts or circumstances, which is written and signed by a person him or herself, is recognised as testimony

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27.11.2014. Decision of the Department of Criminal Cases, case No SKK-566/2014 Understanding of clerical error

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04.12.2014. Decision of the Department of Criminal Cases, case No SKK-533/2014 Authority of a prosecutor to amend accusation during trial

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30.01.2014. Decision of the Department of Criminal Cases, case No SKK-4/2014 Right of the court to recognise factual circumstances of the case, which differ from the accusation, as proved

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13.09.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-409/2013 Verification of testimony, given by an accused during pre-trial proceedings, in a court

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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

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24.01.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-15/2013 Modification of charges to an accomplice

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11.01.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-J-8/2013 Examination of a case in absentia of an accused is inadmissible

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26.04.2012. Decision of the Department of Criminal Cases of the Senate, case No SKK-J-170/2012 Directness and verbalization of adjudication of a criminal case in a court of appellate instance

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10.05.2012. Decision of the Department of Criminal Cases of the Senate, case No SKK-132/2012 Request on initiation of a case in the Constitutional Court; right to oral proceedings

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08.03.2012. Decision of the Department of Criminal Cases of the Senate, case No SKK-27/2012 Request of an advocate, who entered a case anew, to listen to testimonies of a witness and of a victim, statement of an expert repeatedly

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26.05.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-277/2011 Disclaimer from charges 

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09.06.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-201/2011 Alteration of a charge to more grievous 

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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 

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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

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31.03.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-39/2011 The Criminal Procedure Law doesn’t provide bringing charges against a witness in a court

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28.01.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-22/2011 By altering charges and changing time and place of commitment of an offence, actual circumstances of a case have been changed

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28.09.2009. Decision of the Department of Criminal Cases of the Senate, case No SKK-509/2009 Prosecutor’s reference to condition prohibiting criminal procedure, which is stipulated in the Item 9 Section 377 of the Criminal Procedure Law, is not prosecutor’s refusal from maintenance of accusation

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16.06.2009. Decision of the Department of Criminal Cases of the Senate, case No SKK-330/2009 Application of the Paragraph Three Section 449 of the Criminal Procedure Law in the appellate instance court

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28.05.2009. Decision of the Department of Criminal Cases of the Senate, case No SKK-84/2009 Alteration of accusation

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17.03.2008. Decision of the Department of Criminal Cases of the Senate, case No SKK-100/2008 Alteration of accusation during the trial

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31.07.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-395/2007 Examination of evidence by the court of appeal

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27.08.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-377/2007 Prosecutor's application for recovery of compensation in interest of the state

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27.04.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-J-266/2007 Review of criminal case in absence (in absentia) of the accused

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28.07.2006. Decision of the Department of Criminal Cases of the Senate, case No SKK-502/2006 Revocation of an appellate protest as refusal from charges

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13.03.2006. Decision of the Department of Criminal Cases of the Senate, case No SKK-152/2006 Fair regulation of criminal legal relations may not be achieved, when ignoring right of an accused person to participate in examination of a case on the ground of observation of another quasi more important right of an accused, namely, right to well timed review of a case 

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29.11.2005. Decision of the senator of the Department of Criminal Cases of the Senate, case No SKK-663/2005 Decision adopted pursuant to the Section 473 of the Criminal Procedure Law, rejecting claim of accused persons to alter imprisonment, is not reversible

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