03.04.2006.
Decision of the Department of Criminal Cases of the Senate, case No SKK-187/2006
Vice-director of the Department of Bailiffs of the Ministry of Justice is a state official in understanding of the Section 162 of the Latvian Criminal Code
05.04.2005.
Decision of the Department of Criminal Cases of the Senate, case No SKK-187/2005
Ungrounded acquittal according to Section 73 of the Latvian Criminal Code
13.12.1999.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK- 349/1999
The court's judgment is modified because the court of first instance misapplied the provisions of Article 40.1 of the Latvian Criminal Code
15.11.1999.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK- 331/1999
The sentence for the defendant has been commuted under Article 41 of the Latvian Criminal Code because the courts have not taken sufficient account of the provisions of Articles 35 and 36 of the Latvian Criminal Code when imposing the sentence.
23.11.1999.
Decision of the Department of Criminal Cases, case No SKK- 328/1999
For imposing a sentence pursuant to the provisions of the third paragraph of Article 38 of the Latvian Criminal Code
05.11.1999.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK- 317/1999
The judgment has been amended to exclude the application of the provisions of Article 39 of the Latvian Criminal Code
01.10.1999.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK- 301/1999
When classifying offenses and imposing penalties only in accordance with the Articles of the Special Part of the Latvian Criminal Code, the provisions of the General Part of the Criminal Code, and not those of the Criminal Law, shall apply
24.08.1999.
Decision of the Department of Criminal Cases, case No SKK- 268/1999
When convicting a person under Article 262 of the Criminal Law, no additional penalty may be imposed if the circumstances specified in Article 49 of the Criminal Law are established
17.08.1999.
Decision of the Department of Criminal Cases, case No SKK- 267/1999
According to the sanction of Article 262 of the Criminal Law, the imposition of a penalty on the defendant for the offenses provided for in this Article shall be accompanied by an additional penalty
17.08.1999.
Decision of the Department of Criminal Cases, case No SKK- 267/1999
According to the sanction of Article 262 of the Criminal Law, the imposition of a penalty on the defendant for the offenses provided for in this Article shall be accompanied by an additional penalty
10.08.1999.
Decision of the Department of Criminal Cases, case No SKK- 206/1999
The same circumstances cannot be considered as attenuating at the same time as imposing a lighter penalty than a statutory penalty
15.06.1999.
Decision of the Department of Criminal Cases, case No SKK- 200/1999
Prosecutor's supervision protest satisfied because the court of first instance did not apply the provisions of Article 39 of the Latvian Criminal Code
29.06.1999.
Decision of the Department of Criminal Cases, case No SKK- 199/1999
Pursuant to Article 34.1 of the Latvian Criminal Code, police control may be applied only to a person sentenced to a custodial sentence and not to a suspended sentence
14.09.1999.
Decision of the Department of Criminal Cases, case No SKK- 188/1999
The appellate court's judgment was amended because the fact that the defendant was suffering from a serious disease called pulmonary tuberculosis during the destruction phase was overlooked in determining the sentence
08.06.1999.
Decision of the Department of Criminal Cases, case No SKK- 175/1999
For imposing a sentence pursuant to Article 39 of the Latvian Criminal Code
01.06.1999.
Decision of the Department of Criminal Cases, case No SKK- 165/1999
Pursuant to Article 34.1 of the Latvian Criminal Code, police control may be applied only to a person sentenced to a custodial sentence and not to a suspended sentence
18.05.1999.
Decision of the Department of Criminal Cases, case No SKK- 142/1999
For imposing a sentence pursuant to Article 39 of the Latvian Criminal Code
27.04.1999.
Decision of the Department of Criminal Cases, case No SKK- 126/1999
The appeal in cassation was dismissed on the ground that the appellate court had correctly applied the provisions of Article 41 of the Latvian Criminal Code in determining the extent of the defendant's liability for the alleged crime and taking into account his mitigating circumstances
20.04.1999.
Decision of the Department of Criminal Cases, case No SKK- 123/1999
The court, finding that the convicted offender has committed a new offense after the previous conviction but before serving his full sentence, shall add to the sentence imposed in the new conviction a part of the sentence which has not yet been served after the previous conviction
31.03.1999.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK- 120/1999
The additional penalty - police control - can only be imposed on a person sentenced to a real custodial sentence
06.04.1999.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK- 114/1999
The application of the provisions of Article 24.2 of the Latvian Criminal Code must necessarily be motivated by a judgment
24.02.1999.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK- 64/1999
Under the terms of Article 6 of the Latvian Criminal Code, the law imposing the sentence does not have retroactive effect
02.03.1999.
Decision of the Department of Criminal Cases, case No SKK- 57/1999
Article 99 of the Latvian Criminal Code provides for the death penalty as an exceptional punishment and the legislator does not require its application in all cases
16.02.1999.
Decision of the Department of Criminal Cases, case No SKK- 46/1999
On the retroactive effect of the law and the permanent transfer of the forest
02.02.1999.
Decision of the Department of Criminal Cases, case No SKK- 31/1999
In the case of a conditional sentence, the judgment must state the reasons for the conditional sentence
09.02.1999.
Decision of the Department of Criminal Cases, case No SKK- 5/1999
The condition of the necessity of the ultimate necessity is the reality of the imminent danger, its objective existence. This provision shall not apply to a person who has been convicted of an intentionally committed serious crime and who has previously been mutually agreed by the criminal group in the circumstances set out in the judgment
09.02.1999.
Decision of the Department of Criminal Cases, case No SKK- 5/1999
The condition of the necessity of the ultimate necessity is the reality of the imminent danger, its objective existence. This provision shall not apply to a person who has been convicted of an intentionally committed serious crime and who has previously been mutually agreed by the criminal group in the circumstances set out in the judgment
22.12.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-412/1998
If the Criminal Law, which comes into force on April 1, 1999, provides for a lighter penalty than the relevant Article of the Latvian Criminal Code, the amount of the penalty shall be determined within the framework of the Criminal Law
15.12.1998.
Decision of the Department of Criminal Cases, case No SKK- 405/1998
In accordance with Section 43. of the Latvian Criminal Code, the suspension of a sentence may be lifted only if the sentenced person does not fulfill his obligations or violates public policy or labor discipline
15.12.1998.
Decision of the Department of Criminal Cases, case No SKK- 400/1998
If the final sentence is determined by a combination of convictions and the previous convicted person has been convicted of a serious crime, the commencement of serving the sentence shall be in a closed prison
22.12.1998.
Decision of the Department of Criminal Cases, case No SKK- 394/1998
The additional penalty provided for in Article 34.1 of the Latvian Criminal Code is that police control shall apply only to persons sentenced to a real custodial sentence. In the case of a conditional sentence or a suspended sentence, the provisions of Section 34.1 of the Latvian Criminal Code shall not apply
21.12.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-392/1998
Due to the fact that the defendant acted in accordance with the provisions of Article 218 (4) of the Latvian Criminal Code, the court ruled in part and the criminal case under Article 218 (1) of the Latvian Criminal Code was terminated
08.12.1998.
Decision of the Department of Criminal Cases, case No SKK- 374/1998
Violation of the provisions of Paragraph 11 of Section 50 of the Latvian Criminal Code
11.11.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-367/1998
The court did not substantially reduce the penalty by referring to mitigating circumstances, but formally
23.10.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-348/1998
In order to classify a murder as a life-threatening act for many persons within the meaning of Article 99 (6) of the Latvian Criminal Code, it must be established that the perpetrator was aware of using a particular method of killing a person in circumstances
27.10.1998.
Decision of the Department of Criminal Cases, case No SKK-344/1998
Materials regarding the application of coercive measures of an educational nature shall be examined in compliance with the requirements of the Law of 1 June 1993 on the Application of Mandatory Measures to Minors
27.10.1998.
Decision of the Department of Criminal Cases, case No SKK-342/1998
The limitation period for criminal liability shall run from the date of the offense until the date on which the criminal proceedings were instituted
15.10.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-339/1998
The judgment of the appellate instance court was amended in the part concerning the sentence imposed on the defendant because the appellate court did not take into account the amount of the minimum monthly wage during the commission of the crimes when setting the fine
19.10.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-337/1998
If the sentenced person commits a new offense after the judgment, but before serving his full sentence, the court shall add to the sentence imposed in the new judgment a part of the sentence which has not yet been served after the previous judgment
16.10.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-336/1998
No extension of the aggravating circumstances listed in Article 37 of the Latvian Criminal Code shall be permitted
20.10.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-335/1998
If the perpetrator has committed a crime, the offender's activities cannot be qualified as a completed crime
12.10.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-331/1998
A law which declares an offense punishable or commits a lenient penalty has retroactive effect, that is to say, an offense committed prior to its issuance
13.10.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-330/1998
Judgments have been amended and the defendant has been sentenced to a lighter sentence because his offense is unjustifiably qualified under Article 139 (5) of the Latvian Criminal Code
20.10.1998.
Decision of the Department of Criminal Cases, case No SKK- 326/1998
Criminal liability under Section 213.1 (2) of the Latvian Criminal Code does not require two cases where the offender drives a motor vehicle under the influence of alcoholic beverages
22.09.1998.
Decision of the Department of Criminal Cases, case No SKK- 308/1998
Where the theft is committed in a group of persons by prior arrangement and the division of roles to reach the destination, each member of the group, regardless of his or her role in the crime, shall be considered a contributor to the theft
28.09.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-301/1998
When motivating the imposition of a minimum custodial sentence under a criminal law article, courts must refer to the wording of the specific article of the criminal law in force at the time the crime was committed
31.08.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-299/1998
„Intrusion” means the unauthorized secret or open access of a room or other storage facility to commit theft or robbery
01.09.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-290/1998
The applicable criminal law does not correspond to the description of the criminal offense established in the judgment
18.08.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-281/1998
The operative part of the conviction must specify not only the basic penalty imposed but also the additional penalty
01.09.1998.
Decision of the Department of Criminal Cases, case No SKK-274/1998
The prosecutor's supervision protest was upheld and the judgment of the court of first instance was annulled because under Section 2 of the Republic of Latvia Amnesty Law of 20 November 1997, the amnesty is granted to persons whose offenses are not serious. Pursuant to Section 7.1 of the Latvian Criminal Code, the offense provided for in Paragraph 4 of Section 139 of the Latvian Criminal Code is a serious crime
22.09.1998.
Decision of the Department of Criminal Cases, case No SKK-263/1998
Under Section 36 of the Latvian Criminal Code, a mitigating circumstance is if the offense is committed by a minor
11.08.1998.
Decision of the Department of Criminal Cases, case No SKK-254/1998
The provisions of the Amnesty Law on the reduction of the sentence apply to a real custodial sentence
30.06.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-251/1998
The list of aggravating circumstances in Article 37 of the Latvian Criminal Code is exhaustive, and it is unlawful to recognize any other circumstance as aggravating the offender
30.06.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-250/1998
The judgment is amended because the sentence imposed on the defendant is not considered to comply with the provisions of Article 35 of the Latvian Criminal Code
25.08.1998.
Decision of the Department of Criminal Cases, case No SKK- 241/1998
In cases of confiscation of the trusted property, the person who is in charge of the particular property (money), illegally uses it for other purposes than for his or her greedy purpose without compensating its value
25.06.1998.
Decision of the Department of Criminal Cases, case No SKK-234/1998
Prosecutor's supervision protest satisfied and court rulings overturned due to incorrect provision of Paragraph 1 of Section 1 of the Amnesty Law of 20 November 1997
27.08.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-229/1998
The determination of the degree of responsibility of the defendants by excluding from the judgment an aggravating circumstance
15.09.1998.
Decision of the Department of Criminal Cases, case No SKK- 222/1998
Given that the offense referred to in Article 146 of the Latvian Criminal Code is constructed in such a way that it does not include a mandatory requirement for the motive or purpose of the offense (this offense may be committed under various motives), the fact that the defendant failure to state the motive for the crimes does not affect its qualification. The part of the Article of the Latvian Criminal Code which should have been applied for the classification of the crime and the provisions of Article 35 of the General Part of the Latvian Criminal Code have been applied to the defendant's activities (minimum penalty provided by the applicable criminal law)
11.06.1998.
Decision of the Department of Criminal Cases, case No SKK-221/1998
Amnesty Law of 5 December 1997 does not apply to persons sentenced to non-custodial sentences
11.06.1998.
Decision of the Department of Criminal Cases, case No SKK-220/1998
Amnesty Law of 5 December 1997 does not apply to persons sentenced to non-custodial sentences
11.06.1998.
Decision of the Department of Criminal Cases, case No SKK-219/1998
Amnesty Law of 5 December 1997 does not apply to persons sentenced to non-custodial sentences
11.06.1998.
Decision of the Department of Criminal Cases, case No SKK-218/1998
Amnesty Law of 5 December 1997 does not apply to persons sentenced to non-custodial sentences
04.08.1998.
Decision of the Department of Criminal Cases, case No SKK- 208/1998
The prosecutor's supervision protest is satisfied because the courts, having correctly established the facts of the case, incorrectly classified the defendant's offenses in the part concerning the murder of the victim. Intentional murder can be committed not only by direct but also by not direct intent
02.06.1998.
Decision of the Department of Criminal Cases, case No SKK- 207/1998
Foreign theft involving the intentional destruction or damaging of another's property, if the act has the characteristics of a criminal offense, must be qualified by the community of crimes as theft of property and the deliberate destruction or damage of the property
09.06.1998.
Decision of the Department of Criminal Cases, case No SKK-205/1998
Pursuant to Section 45 of the Latvian Criminal Code, the limitation period for criminal liability shall run from the date of the offense to the date of the decision to initiate the criminal proceedings
11.08.1998.
Decision of the Department of Criminal Cases, case No SKK- 196/1998
The offense of the defendant is correctly classified as illegal logging on a large scale under Section 161 (2) of the Latvian Criminal Code
19.05.1998.
Decision of the Department of Criminal Cases, case No SKK- 177/1998
The offense provided for in Article 144 of the Latvian Criminal Code is completed with the moment of retention of property. A civil claim in a criminal case under Article 101 of the Criminal Procedure Code of Latvia is a claim for compensation for material damage caused by a crime
09.06.1998.
Decision of the Department of Criminal Cases, case No SKK- 168/1998
The Court of Cassation has upheld the judgment of the Court of Appeal without amendment, as the court of second instance has rightly reclassified the offense from Article 143 (2) to Article 195 of the Latvian Criminal Code
05.05.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-167/1998
Pursuant to Article 24.2 of the Latvian Criminal Code, the court must establish the circumstances preventing the offender from being present in Latvia, and the judgment must give reasons for applying this article
29.04.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-162/1998
The amount of the fine determined should be in line with the general principles governing the imposition of penalties
28.04.1998.
Decision of the Department of Criminal Cases, case No SKK-154/1998
The provisions of Section 42 of the Latvian Criminal Code state unequivocally that a convict who commits a new offense within a specified probation period shall not be liable to a further suspended sentence, but shall be punishable by a set of convictions as provided for in Section 39 of the Latvian Criminal Code
28.04.1998.
Decision of the Department of Criminal Cases, case No SKK-143/1998
If the sentenced offender commits a new offense during the probation period and is convicted of a non-custodial sentence, the final sentence shall be determined in accordance with the requirements of Section 39 and Paragraphs 2 and 3 of Section 40 of the Latvian Criminal Code
02.06.1998.
Decision of the Department of Criminal Cases, case No SKK- 135/1998
If the forest is made available to a person by a municipal decision, it cannot be considered an alien forest within the meaning of Section 161 (1) of the Latvian Criminal Code
21.04.1998.
Decision of the Department of Criminal Cases, case No SKK- 134/1998
A personal offence shall be qualified according to Section 213.1 (2) of the Latvian Criminal Code, if it has an unremoved or extinguished criminal record of a crime provided for in Section 213.1 of the Criminal Code of Latvia, and it has even managed a means of transport once in drunkenness
24.04.1998.
Decision of the Department of Criminal Cases, case No SKK-124/1998
Procedural documents not drawn up in accordance with the provisions of the Criminal Procedure Law and the requirements of the Agreement between the Republic of Latvia and the Republic of Poland on Legal Assistance and Legal Relations in Criminal Matters shall not be used as a basis for the preparation of an indictment; Clarifying the issue of severity of bodily harm to victims is crucial to the correct application of criminal law
14.04.1998.
Decision of the Department of Criminal Cases, case No SKK-123/1998
If the accused has several convictions that were not known to the court that made the last conviction, that court shall decide, in accordance with the provisions of Paragraph 3 of Section 38 of the Latvian Criminal Code, to impose a final sentence on the accused under Sections 372-374 of the Latvian Article
24.04.1998.
Decision of the Department of Criminal Cases, case No SKK-119/1998
Section 1 of the Amnesty Act concerns minors sentenced to a real sentence of imprisonment
21.04.1998.
Decision of the Department of Criminal Cases, case No SKK-118/1998
The judgment is set aside because the appellate court has failed to comply with the provisions of Section 35 of the Latvian Criminal Code concerning the general principles for imposing a sentence
24.04.1998.
Decision of the Department of Criminal Cases, case No SKK-115/1998
When imposing a sentence following a number of convictions, the courts must ascertain after the previous conviction the nature and extent of the part of the sentence not served
07.04.1998.
Decision of the Department of Criminal Cases, case No SKK-108/1998
If the sentenced person commits a new offense after the judgment, but before serving his or her full sentence, the sentence imposed in the new judgment shall be accompanied, in whole or in part, by a part of the sentence not served
04.03.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-95/1998
The judge does not have the sole right to decide whether to leave the appeal in cassation, because the case has not been adjudicated in summary proceedings
17.03.1998.
Decision of the Department of Criminal Cases, case No SKK-93/1998
If the offense is committed during the part of the sentence which has not been served, the provisions of Section 39 of the Latvian Criminal Code shall apply when imposing the sentence on the basis of the conviction
10.03.1998.
Decision of the Department of Criminal Cases, case No SKK-86/1998
The sentence imposing the death penalty on the guilty party for aggravated murder has been left unchanged
10.03.1998.
Decision of the Department of Criminal Cases, case No SKK-86/1998
The sentence imposing the death penalty on the guilty party for aggravated murder has been left unchanged
24.02.1998.
Decision of the Department of Criminal Cases, case No SKK- 69/1998
Malicious disobedience to the legal requirements of prison staff for using a knife and intentionally causing minor bodily harm should not be qualified as hooliganism associated with the use of a knife, but as maladministration with the prison administration
19.02.1998.
Decision of the Department of Criminal Cases, case No SKK- 54/1998
Within the meaning of Section 141 of the Criminal Code of Latvia, the attacker wishes to acquire a property in the possession of the owner or another person, rather than to return the property in his or her possession.
19.02.1998.
Decision of the Department of Criminal Cases, case No SKK- 48/1998
The article of the Latvian Criminal Code applied to the acts of perpetrators, which should have been applied when they were legally assessed
10.02.1998.
Decision of the Department of Criminal Cases, case No SKK- 45/1998
The responsibility for repeated theft of foreign property arises regardless of whether the perpetrator was a performer or an accomplice in each of these thefts. Do not qualify separately for crimes in which the person was a member, if these crimes relate to the same type of hazard to the property
28.01.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-38/1998
When imposing a number of additional penalties on the defendant, they must be set so that there is no doubt in the enforcement of the judgment
26.01.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-29/1998
Additional sentences are excluded from the judgment because they are not appropriate for imposing a definitive penalty on a community basis
14.01.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-23/1998
By striking a juvenile several times, the defendant is aware of the dangerous nature of his or her activities, and intentionally and intentionally commits the socially dangerous consequences of serious bodily harm
07.01.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-5/1998
Submission of intentionally false information to the Election Commission by filling in the declaration of the candidate of the Saeima of the Republic of Latvia contains the offense provided for in Article 186.2 (2) of the Latvian Criminal Code
13.01.1998.
Decision of the Department of Criminal Cases, case No SKK- 4/1998
In order to qualify for bullying under Paragraph 3 of Section 204 of the Latvian Criminal Code, the court must establish that the bullying was done by using or attempting to use the items listed in the article, including a knife
24.12.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-379/1997
Imposition of obligations on the defendant to eliminate the damage within the meaning of Section 43.1 of the Latvian Criminal Code within the specified time
23.12.1997.
Decision of the Department of Criminal Cases, case No SKK-361/1997
The offense committed by the defendant is correctly qualified according to Section 139, Paragraph 5 of the Latvian Criminal Code
09.12.1997.
Decision of the Department of Criminal Cases, case No SKK-351/1997
Car interior panel box is not considered to be “other storage” within the meaning of Section 139, Paragraph 4 of the Latvian Criminal Code
24.11.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-345/1997
Compliance of the penalty with the requirements of Section 35 of the Latvian Criminal Code
09.12.1997.
Decision of the Department of Criminal Cases, case No SKK-343/1997
Final sentence following from aggregation of crimes, if there are other unexecuted judgments regarding the convicted person and the final sentence has not been determined for the last sentence after aggregation of crimes, shall be determined in accordance with Section 372 of the Latvian Code of Criminal Procedure
11.12.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-340/1997
The sentence of the defendant is reduced by applying the provisions of Section 41 of the Latvian Criminal Code, taking into account the small value of the stolen foodstuffs
16.12.1997.
Decision of the Department of Criminal Cases, case No SKK-337/1997
The conclusions expressed in the judgment as to the legal classification of the offense must be convincing
09.12.1997.
Decision of the Department of Criminal Cases, case No SKK-329/1997
Final sentence following two judgements, if one type of sentence is imposed - deprivation of liberty - and one of them is imposed conditionally, may be imposed in the form of a real deprivation of liberty
09.12.1997.
Decision of the Department of Criminal Cases, case No SKK-328/1997
Value of the stolen property purchased on the market shall be determined by assessing the victim's testimony as a whole together with other evidence in the case
02.12.1997.
Decision of the Department of Criminal Cases, case No SKK-319/1997
When determining a coercive measure of an educational nature for minors, the Law of 1 June 1993 “On the Application of Compulsory Measures of an Educational Nature to Minors” shall be observed
16.12.1997.
Decision of the Department of Criminal Cases, case No SKK-315/1997
Two opposing views are expressed on the form of guilt of the defendant in the murder case
31.10.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-313/1997
Due to the change in the scope of the accusation, which makes the defendant's liability easier, the probation period determined by the court has been reduced in accordance with Article 42 of the Latvian Criminal Code
22.10.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-308/1997
Only persons who have acted jointly and with the same intention shall be recognized as perpetrators of murder
22.10.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-308/1997
Only persons who have acted jointly and with the same intention shall be recognized as perpetrators of murder
03.10.1997.
Decision of the Department of Criminal Cases, case No SKK-284/1997
The judgment is amended because the courts had incorrectly applied the provisions of Section 39 of the Latvian Criminal Code when establishing the sentence
07.10.1997.
Decision of the Department of Criminal Cases, case No SKK-281/1997
The offender does not have to compensate the victim for non-material damage in case of violation of traffic safety rules
17.09.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-274/1997
The judgment of the appellate court was set aside in part and the case was terminated pursuant to Section 146, Paragraph two of the Latvian Criminal Code due to lack of composition of the crime
26.09.1997.
Decision of the Department of Criminal Cases, case No SKK-251/1997
The judgment shall contain a description of the criminal activity recognized as proven
20.08.1997.
Decision of the Department of Criminal Cases, case No SKK-239/1997
The sentence served shall include the time spent in pre-trial detention in the case under consideration
20.08.1997.
Decision of the Department of Criminal Cases, case No SKK-234/1997
The sentence imposed to the defendants shall be mitigated in case when the amount of the accusation is significantly reduced
20.08.1997.
Decision of the Department of Criminal Cases, case No SKK- 234/1997
The sentence imposed to the defendants shall be mitigated in case when the amount of the accusation is significantly reduced
11.08.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-215/1997
Imposition of a more severe penalty on the defendant is permissible only in cases where a protest of a prosecutor or a complaint of a victim is submitted for this reason. The prohibition on increasing the penalty in the case of defendants' complaints applies to both appeal and cassation proceedings
09.06.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-196/1997
The decision of the appellate court regarding leaving the defendant's cassation complaint without examination in annulled, and the case is examined at the court hearing, amending the court rulings
26.06.1997.
Decision of the Department of Criminal Cases, case No SKK-189/1997
In order to prosecute intentional grievous bodily harm caused by the negligence of the accused resulting in death of a victim, it must be established that the accused intended to cause serious bodily harm to the victim, that is, he foresaw the consequences of his actions and wanted or knowingly allowed them to occur
02.06.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-183/1997
Confiscation of property cannot be applied as an additional penalty in case of a conditional sentence
29.05.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-180/1997
The judgment of the court shall be based only on the evidence examined at the hearing. A law that mitigates punishment has retroactive effect
10.06.1997.
Decision of the Department of Criminal Cases, case No SKK-177/1997
Deliberate misappropriation of property for greedy purposes, if committed by a person to whom this property has been entrusted for a specific purpose, is a crime provided for in Section 144 of the Latvian Criminal Code
27.05.1997.
Decision of the Department of Criminal Cases, case No SKK-166/1997
Active actions that are a gross violation of public order and manifest disrespect for society are criminalized hooliganism
12.05.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-164/1997
The offense of the defendant is correctly qualified according to Section 98 of the Latvian Criminal Code
20.05.1997.
Decision of the Department of Criminal Cases, case No SKK-161/1997
The offense committed by the defendant is correctly qualified according to Section 98 of the Latvian Criminal Code
06.05.1997.
Decision of the Department of Criminal Cases, case No SKK-134/1997
In deciding whether the offender has committed murder or intentional grievous bodily harm, the court must take into account the content and orientation of that person's intent
25.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-116/1997
The judgment was amended at an assignment sitting of the Department of Criminal Cases due to incorrect application of criminal law. According to Section 99 (6) of the Latvian Criminal Code, murder committed with extreme cruelty is the murder of another person when the victim is tortured or ridiculed before the deprivation of life or in the process of murder, as well as if the murder is committed using a technique which, when the offender is aware of it, is related to causing particular suffering, including causing a large amount of bodily injuries. If a large amount of bodily injuries has been caused directly in the process of murder and in a short period of time, without the offender’s intention of causing particular suffering to the victim, then the murder cannot be qualified according to Section 99 (6) of the Latvian Criminal Code
27.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-111/1997
The offense is properly qualified as an attempted theft by entering the premises
22.04.1997.
Decision of the Department of Criminal Cases, case No SKK-103/1997
An appeal in cassation to set aside the judgment of the appellate court shall be based on an indication to the circumstances to be determined in the retrial
10.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-92/1997
The sentence of the defendant is reduced to the minimum sentence provided for in the criminal law sanctions applied to his offense, taking into account his poor state of health after a complicated lung operation
25.03.1997.
Decision of the Department of Criminal Cases, case No SKK-78/1997
Disclosure of the intention to commit a crime is not a stage in the commission of a crime and there is no legal basis for prosecuting a person
25.03.1997.
Decision of the Department of Criminal Cases, case No SKK-77/1997
Conviction in an indictment under Article 139, Paragraph 2 of the Latvian Criminal Code amended due to erroneous application of criminal law
25.03.1997.
Decision of the Department of Criminal Cases, case No SKK-58/1997
The acquisition of bladed weapons must be considered illegal within the meaning of the Latvian Criminal Code even if such weapons have been received as a gift
24.02.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-50/1997
The judgments have been amended because the basic penalty was incorrectly determined for the defendant. The application of an additional penalty is excluded
10.02.1997.
Decision of the Department of Criminal Cases, case No SKK-46/1998
If the sanction of a particular article of the Criminal Law does not provide for an additional penalty, the judgment shall refer to the relevant article of the General Part of the Criminal Law (Section 27 of the Latvian Criminal Code, Section 44 of the Criminal Law)
18.03.1997.
Decision of the Department of Criminal Cases, case No SKK-43/1997
Claim for annulment of the judgment expressed in the cassation complaint must be based on the reference to the violation of the provisions of the Criminal Law or the Criminal Procedure Law
18.02.1997.
Decision of the Department of Criminal Cases, case No SKK-36/1997
Activities of the defendant are correctly qualified according to Section 161, Paragraph 2 of the Latvian Criminal Code
20.01.1997.
Decision of the Department of Criminal Cases, case No SKK-14/1998
Amnesty law does not apply if a person has been convicted of a crime under Article 213.1 of the Latvian Criminal Code, or if the sentence has been imposed in accordance with the provisions of Paragraph 8 of Section 42 of the Latvian Criminal Code
14.01.1997.
Decision of the Department of Criminal Cases, case No SKK-13/1997
Activities of the defendant for the purpose of robbery from the shop cash register related to violence that is not dangerous to the life and health of the victim or to the threat of such violence without excercising the criminal intent for reasons beyond his control are duly qualified according to Section 15 (2) and Section 139 (3) of the Latvian Criminal Code
03.01.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-11/1997
In drawing up a new judgment and commuting the sentence imposed on the defendants, the appellate court correctly took into account the fact that both, having previously been convicted and repeatedly committed a serious crime, made a candid cofession, regretted their conduct and with this attitude they helped to clarify the truth in the case
21.01.1997.
Decision of the Department of Criminal Cases, case No SKK-8/1997
The provisions of Section 41 of the Latvian Criminal Code apply to the punishment and the type of punishment, not to the regime of serving the punishment
21.01.1997.
Decision of the Department of Criminal Cases, case No SKK- 8/1997
The provisions of Section 41 of the Latvian Criminal Code apply to the punishment and the type of punishment, not to the regime of serving the punishment
17.01.1997.
Decision of the Department of Criminal Cases, case No SKK-3/1997
Criminal law is erroneously applied to activities that do not constitute a crime
09.12.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-316/1996
On the satisfaction of a cassation complaint submitted in favour of the accused at the court hearing
15.11.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-283/1996
On the criminal liability for driving while intoxicated
19.11.1996.
Decision of the Department of Criminal Cases, case No SKK-277/1996
On the ungrounded referral of a criminal case for supplementary investigation
27.08.1996.
Decision of the Department of Criminal Cases, case No SKK-207/1996
On the completed theft and attempted theft by entering a room or other storage
20.08.1996.
Decision of the Department of Criminal Cases, case No SKK-205/1996
On the content of the terms “room” and “other storage” within the meaning of Section 139 of the Latvian Criminal Code
20.08.1996.
Decision of the Department of Criminal Cases, case No SKK-174/1996
On the classification of the crime provided for in Section 1813, Paragraph two of the Latvian Criminal Code
28.05.1996.
Decision of the Department of Criminal Cases, case No SKK-128/1996
On the differences in the composition of crimes - distribution of counterfeit money and fraud
28.05.1996.
Decision of the Department of Criminal Cases, case No SKK-127/1996
On inadmissibility of termination of proceedings in criminal cases of genocide
21.05.1996.
Decision of the Department of Criminal Cases, case No SKK-117/1996
On mitigation of punishment when the provisions of Section 43.1 of the Latvian Criminal Code has been applied
07.05.1996.
Decision of the Department of Criminal Cases, case No SKK-107/1996
On imposition of a penalty in the appellate instance court if the case is heard in connection with the appellate complaint of the defendant
14.05.1996.
Decision of the Department of Criminal Cases, case No SKK-104/1996
On the classification of theft, if the perpetrator's negligence caused the death of the victim
30.04.1996.
Decision of the Department of Criminal Cases, case No SKK-91/1996
On the application of Section 47 of the Latvian Criminal Code by the court of cassation
15.04.1996.
Decision of the Department of Criminal Cases, case No SKK-74/1996
On exclusion of Section 24.2 of the Latvian Criminal Code from the judgment of the appellate instance court
15.03.1996.
Decision of the Department of Criminal Cases, case No SKK-42/1996
On referring a case for supplementary investigation due to improper classification of the crime
15.01.1996.
Decision of the Department of Criminal Cases, case No 2k-3/1996
On the classification of crimes where the victim has suffered serious bodily injuries as a result of abusive criminal activities
11.12.1995.
Decision of the Department of Criminal Cases, case No 2k-45/1995
On the exclusion of the classifying feature of the crime and the reduction of the penalty
06.11.1995.
Decision of the Department of Criminal Cases, case No 2k-37/1995
The punishment imposed does not correspond to the seriousness of the crime committed and the degree of the guilt
