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Chapter Twenty-seven. Delivery of a judgement

10.05.2005. Decision of the Department of Criminal Cases of the Senate, case No SKK-J-260/2005 Damages are to be recovered from a person on trial only for illegal actions charges are brought with and if guilt of the offender in commitment of those is proved

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02.03.2005. Decision of the Department of Criminal Cases of the Senate, case No SKK-123/2005 Making a decision on the composition of a criminal offense at the disposal of a person

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27.12.2004. Decision of the Department of Criminal Cases of the Senate, case No SKK-692/2004 A court judgement must be founded only on evidences reviewed in a court hearing

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30.09.2004. Decision of the Department of Criminal Cases of the Senate, case No SKK-J-534/2004 By protest submitted pursuant to the Chapter 32A of the Latvian Criminal Procedure Code, judgement of the first instance court is quashed as it doesn’t contain analysis of evidences (violation of the Section 313 of Latvian CPC)  

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07.09.2004. Decision of the Department of Criminal Cases of the Senate, case No SKK-482/2004 Judgement of the appellate instance court is quashed, as it lacks necessary analysis of evidences

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23.05.2003. Decision of assignment sitting of the Department of Criminal Cases of the Senate, case No SKK-328/2003 Civil claim is to be decided pursuant to conditions of the Section 307 of the CPC

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20.12.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-379/2000 The judgment is set aside because the appellate court did not fully, comprehensively and objectively investigate the circumstances of the case and did not provide in the judgment a description of the recognized proven criminal activity

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19.12.2000. Decision of the Department of Criminal Cases, case No SKK-360/2000 The judgment of an appellate court is aside as being contradictory

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10.10.2000. Decision of the Department of Criminal Cases, case No SKK-283/2000 The judgment of a district court is annulled and the case is remitted, because the grounds for exepmtion of the defendant from the penalty do not comply with the requirements of the law, thus the judgment is not lawful and substantiated. In addition, the defendant has not been given the last word at the court hearing, which is a significant violation of the Criminal Procedure Law, which in any case leads to the annulment of the judgment

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03.10.2000. Decision of the Department of Criminal Cases, case No SKK-257/2000 The acquittal of the appellate court is set aside because it does not meet the requirements of Articles 304 and 313 of the Latvian Code of Criminal Procedure

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29.08.2000. Decision of the Department of Criminal Cases, case No SKK-246/2000 Lawfulness and validity of the judgment of the appellate court

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29.08.2000. Decision of the Department of Criminal Cases, case No SKK-236/2000 Disagreement with the expert's opinion in accordance with the requirements of Article 58 of the Latvian Code of Criminal Procedure is grounded in the judgment

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22.08.2000. Decision of the Department of Criminal Cases, case No SKK-231/2000 The judgment of the appellate court is set aside due to non-compliance with the requirements of Articles 19 and 313 of the Latvian Code of Criminal Procedure, as the judgment contains no grounds as to why the evidence on which the accusation was based was rejected

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05.09.2000. Decision of the Department of Criminal Cases, case No SKK-192/2000 The judgment of the appellate court was set aside because the court did not comprehensively assess the evidence that is relevant for the correct adjudication of a civil claim when examining a case of violation of traffic regulations

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20.06.2000. Decision of the Department of Criminal Cases, case No SKK-181/2000 When acquitting the defendants, the requirements of Article 299 of the Latvian Code of Criminal Procedure that the judgment must be lawful and substantiated, and the requirements of the third part of Article 313 that not only the circumstances of the case but also the defendant's justification, substantiating the reasons for rejecting the evidence on which the accusation is based, are rejected

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18.04.2000. Decision of the Department of Criminal Cases, case No SKK-86/2000 Upon reclassification of the defendant's activities under another Section of the Criminal Law, the description of the proven recognized criminal activity must be indicated in the part of the grounds of the judgment

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28.03.2000. Decision of the Department of Criminal Cases, case No SKK-65/2000 Pursuant to the requirements of Articles 51 and 313 of the Latvian Code of Criminal Procedure, the appellate court has considered the grounds of appeal regarding the factual circumstances and legal qualification of the crime, assessed the evidence, but the re-evaluation of evidence in accordance with the criminal procedural provisions included in Chapter 37 of the Latvian Code of Criminal Procedure does not fall within the competence of the court of cassation

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01.02.2000. Decision of the Department of Criminal Cases, case No SKK-22/2000 When issuing a conviction, the court may, in exceptional cases, recognize the injured party’s right to receive satisfaction of a civil claim and refer the issue of the amount of the claim to civil proceedings (Article 307, Paragraph two of the Latvian Code of Criminal Procedure)

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11.01.2000. Decision of the Department of Criminal Cases, case No SKK-2/2000 The cassation complaint is dismissed, as the appellate court, based on the provisions of Article 313 of the Latvian Code of Criminal Procedure, has indicated in the judgment the evidence on which the findings of guilt of the defendant are based, and has substantiated why other evidence is rejected

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08.02.2000. Decision of the Department of Criminal Cases, case No SKK-1/2000 The judgment of the court of appeal and the court of first instance is set aside as the judgment of the court of first instance was made in violation of the requirements of Article 298 of the Latvian Code of Criminal Procedure regarding the secrecy of the court deliberations

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28.12.1999. Decision of the Department of Criminal Cases, case No SKK-369/1999 The reasoned judgment made in accordance with Article 300 of the Latvian Code of Criminal Procedure shall be delivered by the court of first instance after it has been signed in the trial room. the law alone does not provide for the operative part to be declared. The preparation of a reasoned judgment at a later date, supplemented by an introductory part and an operative part, shall be deemed to constitute disclosure of the secrecy of the deliberations of judges provided for in Article 298 of the Latvian Criminal Procedure Code, which shall in any event lead to its annulment.

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23.11.1999. Decision of the Department of Criminal Cases, case No SKK-320/1999 Satisfied prosecutor's cassation protest because part of the reasoning in the case does not meet the requirements of Article 313 of the Latvian Criminal Procedure Code

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09.10.1999. Decision of the Department of Criminal Cases, case No SKK-294/1999 The acquittal of the Court of Appeal is annulled because of violations of the provisions of the first paragraph of Articles 19 and 313 of the Latvian Criminal Procedure Code

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15.06.1999. Decision of the Department of Criminal Cases, case No SKK-182/1999 Pursuant to the provisions of Chapter 27 of the Latvian Code of Criminal Procedure, the court of first instance must, when making a judgment, write the full text of the judgment

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22.06.1999. Decision of the Department of Criminal Cases, case No SKK-168/1999 The appellate court, in reaching its judgment, must comply with the provisions of the first paragraph of Article 313 of the Latvian Criminal Procedure Code. It must also assess the evidence that the court has collected of its own motion in the event of doubt on the defendant's guilt

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01.06.1999. Decision of the Department of Criminal Cases, case No SKK-158/1999 A judgment rendered in violation of the norms of the Latvian Criminal Procedure Code cannot be recognized as legitimate and substantiated

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18.05.1999. Decision of the Department of Criminal Cases, case No SKK-153/1999 The judgments of the Court of First Instance and of the Court of Appeal remain unchanged as they meet the requirements of the rules of criminal procedure

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11.05.1999. Decision of the Department of Criminal Cases, case No SKK-109/1999 The defendant's alibi is rejected, stating in the grounds of the judgment, in accordance with the provisions of Article 313 of the Criminal Procedure Code of Latvia, the evidence on which the court's finding of guilt is based and the reasons for rejecting evidence

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23.03.1999. Decision of the Department of Criminal Cases, case No SKK-78/1999 The acquittal must state the grounds for the defendant's justification, stating why the court rejects the evidence on which the charge is based

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02.03.1999. Decision of the Department of Criminal Cases, case No SKK-45/1999 The judgment of the appellate instance court was set aside because it did not comply with the provisions of Article 313 of the Latvian Criminal Procedure Code

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09.03.1999. Decision of the Department of Criminal Cases, case No SKK-43/1999 In accordance with the provisions of Article 313 of the Latvian Criminal Procedure Code, the judgment must give reasons for the conclusions on the merits of the civil claim and damages, specifying the actions or omissions causing the loss and providing a detailed calculation of the loss

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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

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19.01.1999. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-25/1999 Formulations suggesting guilt of another specific person for a crime if that person was not brought to trial are not admissible in the judgment

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12.01.1999. Decision of the Department of Criminal Cases, case No SKK-3/1999 In its consideration of the criminal case, the court correctly assessed the evidence and justified the application of the criminal law

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12.01.1999. Decision of the Department of Criminal Cases, case No SKK-2/1999 The changes made to Article 161 of the Latvian Criminal Code (wording of April 2, 1998), which excludes criminal liability for felling of trees in forest areas made available to natural persons, do not relieve such persons of material liability for the damage caused

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22.12.1998. Decision of the Department of Criminal Cases, case No SKK-390/1998 The judgment has been set aside because the appellate instance court has failed to comply with the requirements of Article 440 of the Latvian Criminal Procedure Code, which provides that the appellate court shall deal with the case in the same manner as a criminal trial before the first instance court; The judgment of the appellate instance court shall comply with the requirements of Article 313 of the Latvian Code of Criminal Procedure

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14.10.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-328/1998 The operative part of the conviction must state that the accused has been convicted and indicate the criminal law (including the part) after which he was convicted

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03.09.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-304/1998 Leaving a civil claim pending in accordance with Article 307 of the Latvian Code of Criminal Procedure cannot be considered a violation of the victim's right to satisfaction of the claim

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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

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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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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

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15.09.1998. Decision of the Department of Criminal Cases, case No SKK-237/1998 The judgment of the appellate instance court was set aside on the ground that it did not comply with the requirements of Articles 19, 51, 299 and 313 of the Latvian Criminal Procedure Code, because that evidence was disregarded and assessed in its entirety, norms of criminal procedure

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09.06.1998. Decision of the Department of Criminal Cases, case No SKK-213/1998 The appellate instance court, by declaring the defendant guilty of the offense charged with the first-instance conviction, must, in accordance with Article 300 of the Latvian Code of Criminal Procedure, acquit him of the offense and not of the offense he was accused of

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26.05.1998. Decision of the Department of Criminal Cases, case No SKK-195/1998 The judgment of the Court of Appeal is set aside and the case is remanded for appeal because the Court of Appeal's judgment does not specify the time, place and nature of the offense as proven; Defendant whose defense counsel has not participated in a court hearing is unjustifiably denied the right to participate in court hearings

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25.06.1998. Decision of the Department of Criminal Cases, case No SKK-188/1998 The evidence must be evaluated and appropriate conclusions drawn in accordance with the provisions of Article 313 of the Latvian Criminal Procedure Code, stating that the evidence on which the court's conclusions are based must also include reasons explaining why the court rejected other evidence

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08.05.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-169/1998 After reaching the age of majority, a minor victim shall exercise the rights and duties of the victim independently

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23.04.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-165/1998 Formulations suggesting guilt of another particular person for committing a crime if that person was not brought to trial are not admissible in the judgment

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12.05.1998. Decision of the Department of Criminal Cases, case No SKK-153/1998 Reading the introductory part and the operative part of the judgment at the time of the appeal does not amount to a significant restriction of the parties' rights

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14.04.1998. Decision of the Department of Criminal Cases, case No SKK-112/1998 When making an acquittal, the court must state the reasons on which the court's reasoning is based on why the court took into account certain evidence and rejected other evidence

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19.03.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-109/1998 In exceptional cases where it is not possible to make a detailed calculation of the civil claim, the court may refer the question of the amount of the civil claim to civil proceedings

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11.03.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-97/1998 The three-day time limit for issuing a copy of a judgment provided for in Article 320 of the Criminal Procedure Code is limited to the sentenced or acquitted person. The procedure for issuing such a copy of the judgment shall not apply to the other participants in the proceedings

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10.03.1998. Decision of the Department of Criminal Cases, case No SKK-68/1998 The by-decision is annulled because its procedure and content do not meet the requirements of the law

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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

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27.01.1998. Decision of the Department of Criminal Cases, case No SKK- 3/1998 The court bases its judgment solely on the evidence examined at the hearing, but the evidence must be assessed on the basis of a comprehensive, complete and objective examination of all the circumstances of the case. Forensic examination shall be carried out in accordance with the requirements of Articles 286 and 263 of the Latvian Criminal Procedure Code

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13.01.1998. Decision of the Department of Criminal Cases, case No SKK- 1/1998 The judgment was set aside because it did not meet the requirements of the Criminal Procedure Law

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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

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02.12.1997. Decision of the Department of Criminal Cases, case No SKK-323/1997 The court must provide grounds for a convicting judgement as well as for an acquittal

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22.08.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-253/1997 The judgment does not allow wording that would indicate the guilt of another specific person in the commission of the crime, if this person was not brought before court

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07.08.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-236/1997 If the sentence imposed by the court judgment complies with the provisions of Section 35 and other sections of the Latvian Criminal Code, then it is considered lawful and fair

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20.08.1997. Decision of the Department of Criminal Cases, case No SKK-222/1997 The substantiation of the judgment must be related to the correctness of the content of the judgment on the merits and it must relate to the findings, conclusions, motives and rulings of the court in the judgment (Section 299 of the Latvian Code of Criminal Procedure)

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05.08.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-216/1997 If the sentence imposed by the court judgment complies with the provisions of Section 35 and other sections of the Latvian Criminal Code, then it is considered lawful and fair

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20.05.1997. Decision of the Department of Criminal Cases, case No SKK-149/1997 When drawing up a judgement of conviction, in exceptional cases, if it is not possible to make a detailed calculation of the civil claim, the court may recognize the victim's right to receive satisfaction of the claim and to refer the issue of the amount of the claim to examination under civil procedure

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23.04.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-148/1997 The judgment may refer to the testimony of witnesses who, in accordance with the requirements of Sections 285 and 299 of the Latvian Code of Criminal Procedure, are not interrogated at a court hearing when these persons are not present at the court hearing for reasons which exclude them from appearing in court, but their previous testimony is read and investigated at the court hearing

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28.04.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-146/1997 In a criminal case, the issue of compensation for non-material damage shall be decided in accordance with the provisions of Section 2350 of the Civil Law

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17.04.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-140/1997 The judgment may refer to the testimony of witnesses who, in accordance with the requirements of Sections 285 and 299 of the Latvian Code of Criminal Procedure, are not interrogated at a court hearing when these persons are not present at the court hearing for reasons which exclude them from appearing in court, but their previous testimony is read and investigated at the court hearing

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26.03.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-118/1997 The sentence imposed on the defendant shall be substantiated in the judgment, as well as, when classifying the crime, the wording of the relevant article shall be indicated, if there are several

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11.03.1997. Decision of the Department of Criminal Cases, case No SKK-61/1997 The judgment of the court of appeal shall be drawn up in accordance with the requirements of the Criminal Procedure Law regarding the drawing up of a judgment in the court of first instance

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25.02.1997. Decision of the Department of Criminal Cases, case No SKK-51/1997 Judgement of conviction annulled due to violation of the provisions of Section 313 of the Latvian Code of Criminal Procedure, because the judgment does not indicate to the defendants the time of the theft incriminated by the judgment

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03.02.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-40/1997 The judgment does not allow wording that indicates the guilt of other specific persons in the commission of crimes if these persons have not been brought before court. If the case concerning some defendants has been isolated in separate proceedings or terminated, the judgment must indicate that the defendant has committed the crime together with other persons without mentioning their surnames

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18.02.1997. Decision of the Department of Criminal Cases, case No SKK-32/1997 The judgment of the court of appeal shall be drawn up in accordance with the requirements of the Criminal Procedure Law regarding the drawing up of a judgment in the court of first instance

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24.01.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-31/1997 The judgment does not allow wording that indicates the guilt of other specific persons in the commission of crimes if these persons have not been brought before court. If the case concerning some defendants has been isolated in separate proceedings or terminated, the judgment must indicate that the defendant has committed the crime together with other persons without mentioning their surnames

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21.01.1997. Decision of the Department of Criminal Cases, case No SKK-4/1997 A conviction cannot be based on presumptions and can be made only on condition that the guilt of the offender in the crime is proved during the trial (Section 304 of the Latvian Code of Criminal Procedure)

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22.07.1996. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-158/1996 On the right to refer the case for supplementary investigation

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06.12.1995. Decision of the Department of Criminal Cases, case No KSU-2k-30/1995 On the application of the principle of partial liability when reviewing a civil claim in criminal proceedings

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