General Part

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

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

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

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

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

29.09.1998. Decision of the Department of Criminal Cases, case No SKK-312/1998 The unjustified application of the Amnesty Law

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

25.06.1998. 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

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

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

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

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

12.05.1998. Decision of the Department of Criminal Cases, case No SKK-117/1998 The law which declares the offense unpunishable has retroactive effect

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

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

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

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

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

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

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

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

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- 239/1997 Izciestajā sodā ieskaitāms iepriekšējā apcietinājumā pavadītais laiks izskatāmajā lietā

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

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

10.03.1997. 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

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)

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

03.12.1996. Decision of the Department of Criminal Cases, case No SKK-297/1996 On the limitation period of criminal liability

03.12.1996. Decision of the Department of Criminal Cases, case No SKK-290/1996 For imposing a more lenient penalty due to a change of qualification

26.11.1996. Decision of the Department of Criminal Cases, case No SKK-284/1996 Determination of a final penalty by aggregating the penalties

09.07.1996. Decision of the Department of Criminal Cases, case No SKK-164/1996 On application of Section 35 of the Latvian Criminal Code

28.05.1996. Decision of the Department of Criminal Cases, case No SKK-136/1996 On determination of penalty and ancillary penalty

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

14.05.1996. Decision of the Department of Criminal Cases, case No SKK-116/1996 On application of Section 42 of the Latvian Criminal Code

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

30.04.1996. Decision of the Department of Criminal Cases, case No SKK-106/1996 On the application of Section 39 of the Latvian Criminal Code

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-87/1996 On early release from serving the ancillary penalty

15.04.1996. Decision of the Department of Criminal Cases, case No SKK-82/1996 Determination of a final penalty by aggregating the penalties

02.04.1996. Decision of the Department of Criminal Cases, case No SKK-79/1996 Determination of a final penalty by aggregating the penalties

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

23.04.1996. Decision of the Department of Criminal Cases, case No SKK-61/1996 Determination of a final penalty by aggregating the penalties

14.05.1996. Decision of the Department of Criminal Cases, case No SKK-54/1996 On application of Section 35 of the Latvian Criminal Code

15.04.1996. Decision of the Department of Criminal Cases, case No SKK-46/1996 On suspension of the execution of a judgement

06.11.1996. Decision of the Department of Criminal Cases, case No SKK-2k-40/1996 On application of Section 35 of the Latvian Criminal Code

22.01.1996. Decision of the Department of Criminal Cases, case No 2k-4/1996 On determination of the regime of penalty enforcement

11.12.1995. Decision of the Department of Criminal Cases, case No 2k-42/1995 Reduction of the sentence by the aggregation of penalties

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