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Special Part

29.12.1998. Decision of the Department of Criminal Cases, case No SKK-398/1998 On the defendant's right to waive his defense counsel

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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

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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

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15.10.1998. Decision of the Department of Criminal Cases, case No SKK-297/1998 The lawfulness and the merits of the appeal

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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

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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

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25.06.1998. Decision of the Department of Criminal Cases, case No SKK- 225/1998 The qualification of another person 's wrongful killing

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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07.04.1998. Decision of the Department of Criminal Cases, case No SKK- 105/1998 On prosecuting a person for exceeding his or her term of office

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17.03.1998. Decision of the Department of Criminal Cases, case No SKK- 99/1998 On the qualification of theft by virtue as a sign of recurrence

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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03.12.1996. Decision of the Department of Criminal Cases, case No SKK-299/1996 On the classification of an intentional murder with extreme cruelty

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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

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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

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08.11.1996. Decision of the Department of Criminal Cases, case No SKK-244/1996 On the violation of criminal law and criminal procedure law

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17.09.1996. Decision of the Department of Criminal Cases, case No SKK-228/1996 On the acquittal of the defendant

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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

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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

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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

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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

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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

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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

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07.05.1996. Decision of the Department of Criminal Cases, case No SKK-101/1996 On the retroactive effect of the law

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30.04.1996. Decision of the Department of Criminal Cases, case No SKK-95/1996 On the incorrect composition of the crime

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04.06.1996. Decision of the Department of Criminal Cases, case No SKK-75/1996 On reclassification of a crime at the cassation court hearing

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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

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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

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08.01.1996. Decision of the Department of Criminal Cases, case No 2k-2/1996 On the improper classification of a crime

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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

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11.12.1995. Decision of the Department of Criminal Cases, case No 2k-41/1995 On the improper classification of the theft committed

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