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
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
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
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
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
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
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)
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
