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07.09.2004. Decision of the Department of Criminal Cases, case No SKK-492/2004
The decision of an appellate court is annulled because the criminal case was unduly referred for further pre-trial investigation
16.08.2004. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-463/2004
A court may not apply any of the compulsory measures of a medical nature provided for in Section 68 of the Criminal Law if a defendant is unable to appear in court due to illness (Section 258, Paragraph two of the Latvian Criminal Procedure Code)
06.07.2004. Decision of the Department of Criminal Cases, case No SKK-299/2004
A decision of an appellate court is annulled because a court restricted the right of a defendant and his defence counsel to ask questions to an expert
25.10.2004. Decision of the Department of Criminal Cases, case No SKK-267/2004
If a prosecutor waives prosecution at a hearing, a court must act in accordance with the requirements of Section 243, Paragraph four of the Latvian Criminal Procedure Code
06.05.2004. Decision of the Department of Criminal Cases, case No SKK-234/2004
A judgement of an appellate court is annulled for violation of the provisions of Section 255 of the Latvian Criminal Procedure Code on trial limits
13.04.2004. Decision of the Department of Criminal Cases, case No SKK-216/2004
There are no grounds for referring a case for further investigation under Section 266 of the Latvian Criminal Procedure Code if certain documents are missing from a casefile after its remittal to court
16.03.2004. Decision of the Department of Criminal Cases, case No SKK-101/2004
Although the court did not comply with the adversarial proceedings principle laid down in Section 243 of the Latvian Criminal Procedure Code, the infringement referred to in the present case cannot be regarded as significant, as it did not lead to the adoption of an unlawful or ungrouned decision
02.12.2003. Decision of the Department of Criminal Cases, case No SKK-622/2003
In an acquittal it must be stated that a defendant was acquitted of the charge brought in the pre-trial investigation, but not of another charge for which the prosecutor requested to be requalified during the trial
08.04.2003. Decision of the Department of Criminal Cases, case No SKK-179/2003
According to requirements of Section 255, Paragraph two of the Latvian Criminal Procedure Code, amendment of an accusation is allowed in court, if it does not worsen the situation of a defendant and does not violate the right to defense
11.03.2003. Decision of the Department of Criminal Cases, case No SKK-156/2003
Revoked decision on groundless amendments to security measure and suspension of legal proceedings
15.01.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-44/2003
The judgement was annulled because the case was considered in the absence of the defendant, but his participation in the proceedings is mandatory in accordance with the provisions of Section 247 of the Latvian Criminal Procedure Code
28.01.2003. Decision of the Department of Criminal Cases, case No SKK-41/2003
No violation of Section 255 of the Latvian Criminal Procedure Code was found
21.01.2003. Decision of the Department of Criminal Cases, case No SKK-J-5/2003
The court's judgement was annulled because the court examined the case in the absence of the defendant, disregarding the requirements of Section 247 of the Latvian Criminal Procedure Code
17.12.2002. Decision of the Department of Criminal Cases, case No SKK-599/2002
The court, by initiating a criminal case according to Section 300, Paragraph two of the Criminal Law, did not violate the provisions of Section 257, Paragraph three of the Latvian Criminal Procedure Code. Therefore, the prosecutor's protest is rejected
12.11.2002. Decision of the Department of Criminal Cases, case No SKK-538/2002
Saskaņā ar Latvijas Kriminālprocesa kodeksa 255. panta otro daļu, ja tiek pārkāptas apsūdzētā tiesības uz aizstāvību, tiesa tajās pašās apsūdzības robežās var lietu nosūtīt pirmstiesas izmeklēšanai. Šādā gadījumā prokurora lūgums nosūtīt lietu papildizmeklēšanas izdarīšanai nav nepieciešams
28.05.2002. Decision of the Department of Criminal Cases, case No SKK-190/2002
In accordance with the provisions of Section 259 of the Latvian Criminal Procedure Code, referral of the case for additional investigation is permitted only in cases where it is not possible to correct the shortcomings and errors of the pre-trial investigation in court
30.04.2002. Decision of the Department of Criminal Cases, case No SKK-135/2002
According to the conditions of Section 243, Paragraph four of the Latvian Criminal Procedure Code, the court must immediately report to the higher prosecutor about the refusal of the public prosecutor to prosecute in the appellate court
02.04.2002. Decision of the Department of Criminal Cases, case No SKK-94/2002
The decision of the appellate court to refer the case for additional pre-trial investigation was cancelled because it did not contain sufficient justification in accordance with the requirements of Section 259 of the Latvian Criminal Procedure Code
12.11.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-387/2001
The court decision on the termination of the criminal case was annulled because the court under Section 111, Clause 2 of the Latvian Criminal Procedure Code had unjustifiably recognized the non-appearance of the victims at the court hearing as unjustified and terminated the case unreasonably
30.10.2001. Decision of the Department of Criminal Cases, case No SKK-361/2001
According to Section 255, Paragraph two of the Latvian Criminal Code, it is permissible to amend the indictment in court if it does not aggravate the situation of the defendant and does not violate his right to defense
31.08.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-275/2001
The reference in the cassation complaint regarding the violation of the provisions of Section 255 of the Latvian Criminal Procedure Code was recognized as formal, as the assessment of the evidence was disputed on the merits
01.08.2001. Decision of the Department of Criminal Cases, case No SKK-269/2001
By deciding to change of security measure, the apellate court did not violate the requirements of Section 248 of the Latvian Criminal Procedure Code
28.08.2001. Decision of the Department of Criminal Cases, case No SKK-262/2001
The court may not assume the functions of the prosecutor and, on its own initiative, send the case for subisdiary investigation in order to bring a more serious charge
21.08.2001. Decision of the Department of Criminal Cases, case No SKK-236/2001
The provisions of Section 256 of the Latvian Criminal Procedure Code can only be binding on the first instance court and the appellate court in cases where the prosecutor requests to initiate a criminal case or to transfer the case to additional pre-trial investigation for the bringing of new charges
03.04.2001. Decision of the Department of Criminal Cases, case No SKK-108/2001
In court, it is not admissible to expand the scope of the charge for committing robbery by including a criminal episode that was qualified as theft
16.03.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-92/2001
When deciding at the court assignment sitting whether to refer the case for subsidiary investigation, the adversarial principle established in Section 243 of the Latvian Code of Criminal Procedure must be observed
27.03.2001. Decision of the Department of Criminal Cases, case No SKK-70/2001
The appellate court sent the case for subsidiary investigation without grounds, as in accordance with Section 243, Paragraph four of the Latvian Code of Criminal Procedure it is not entitled to prosecute other persons on its own initiative, but the decision to prosecute and the statement of charges meet the requirements of the law
04.01.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-5/2001
At the appellate court, the case can be heard in the absence of defendant only if he is located outside the Republic of Latvia and avoids arriving to the court. A person expelled from the country must be invited to court through the Ministry of Justice
07.11.2000. Decision of the Department of Criminal Cases, case No SKK-305/2000
If the public prosecutor withdraws the charge, the higher ranked prosecutor may reopen the public charge or declare that it will not be done, even before the 72-hour time limit has expired. The appellate court may satisfy the victim's complaint of unjustified acquittal only if the prosecutor upholds the complaint
07.08.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-230/2000
By referring the case for additional investigation to bring a more serious charge on its own initiative without the request of the prosecutor, the court has violated the provisions of Article 243 of the Latvian Code of Criminal Procedure
04.07.2000. Decision of the Department of Criminal Cases, case No SKK-209/2000
When interpreting the provisions of the Latvian Code of Criminal Procedure, which provide for the general procedure and regulations on referring criminal cases for additional investigation, and the provision of the Criminal Procedure Law on adversarial proceedings, priority shall be given to the principle of adversarial proceedings, which was introduced later in criminal proceedings
07.12.1999. Decision of the Department of Criminal Cases, case No SKK-339/1999
If the prosecutor refuses to change the accused to a more serious charge, the court's decision to refer the case for further investigation is unfounded
23.11.1999. Decision of the Department of Criminal Cases, case No SKK-316/1999
The prosecutor's waiver of the debate at the hearing had to be assessed by the court as a waiver of the charge. The court was required to comply with the requirements of Article 243 of the Latvian Criminal Procedure Code
26.10.1999. Decision of the Department of Criminal Cases, case No SKK-306/1999
There was an unjustified acquittal, while recognizing the need for an investigative experiment to verify the evidence obtained. In this case, the case may be referred for further investigation without the consent of the prosecutor
31.08.1999. Decision of the Department of Criminal Cases, case No SKK-265/1999
The decision to refer the criminal case for further investigation was revoked because it did not meet the requirements of Article 259 of the Latvian Criminal Procedure Code. The decision does not state the specific reasons for the further investigation of the case
23.03.1999. Decision of the Department of Criminal Cases, case No SKK-86/1999
Article 242 of the Latvian Code of Criminal Procedure provides for exceptions, when the hearing of another case during the proceedings does not lead to violation of the principle of continuity
02.03.1999. Decision of the Department of Criminal Cases, case No SKK-42/1999
Due to the waiver of the accusation, the accused is acquitted
08.12.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-380/1998
Violation of Article 255 of the Latvian Code of Criminal Procedure by the fact that the court, in comparison with the charge, has substantially changed the description of the circumstances of the commission of the crimes
24.11.1998. Decision of the Department of Criminal Cases, case No SKK-366/1998
Formal non-compliance with the provisions of Article 243 (4) of the Latvian Criminal Procedure Code may not be considered as a material breach of the Criminal Procedure Law if it has not prevented a court from reaching a lawful and reasoned judgment
22.09.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-309/1998
At the court hearing, the parties exercise their procedural rights in the form of an adversarial proceedings, and the burden of proof lies with the accused
29.09.1998. Decision of the Department of Criminal Cases, case No SKK-306/1998
After hearing the appeal, the court unjustifiably referred the case for further investigation to determine the circumstances that aggravate the offender's criminal liability
08.09.1998. Decision of the Department of Criminal Cases, case No SKK-288/1998
According to Article 255 (3) of the Latvian Code of Criminal Procedure, the court may continue the proceedings if, by amending the charge, the part or elements of the crime which render the accused more liable are excluded
21.04.1998. Decision of the Department of Criminal Cases, case No SKK-145/1998
An appeal may be brought against a decision of the trial court on the basis of which the proceedings in the case are not pursued, except where the case is stayed or suspended in accordance with Article 258 of the Latvian Code of Criminal Procedure
28.04.1998. Decision of the Department of Criminal Cases, case No SKK-139/1998
The case is only heard at the trial on the charge where the defendant is brought to trial. Modification of the charge in court is permissible provided it does not adversely affect the defendant's position and does not infringe his or her rights of defense
10.03.1998. Decision of the Department of Criminal Cases, case No SKK-87/1998
The case can be tried in the absence of the defendant only if the defendant is outside the borders of the Republic of Latvia and avoids appearing in court
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
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
09.09.1997. Decision of the Department of Criminal Cases, case No SKK-257/1997
The prohibition of the defendant to participate in the court hearing shall be directed only against abusive violators of the hearing procedure
17.06.1997. Decision of the Department of Criminal Cases, case No SKK-186/1997
The court may continue the proceedings if the part of the initial charge or a feature of the crime which makes the responsibility of the accused more serious is excluded (Section 255, Paragraph 3 of the Latvian Code of Criminal Procedure)
05.06.1997. Decision of the Department of Criminal Cases, case No SKK-169/1997
For further investigation, the case should be referred by a court decision, not by a judgment
02.05.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-154/1997
When the defendant reaches the lawful age, the legal representation ends
30.04.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-145/1997
Within the meaning of Section 251 of the Latvian Code of Criminal Procedure, only juvenile defendants may have legal representatives in a criminal case. As the person has full legal capacity after reaching the age of 18, the legal representation ends at this point
15.01.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-21/1997
The accuser’s waiver of accusation relieves the court of the obligation to continue the trial
15.08.1996. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-213/1996
On the rejection of the prosecutor's cassation protest without reviewing the case in a court hearing
30.07.1996. Decision of the Department of Criminal Cases, case No SKK-186/1996
On the adversarial principle before the appellate court
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
18.06.1996. Decision of the Department of Criminal Cases, case No SKK-119/1996
On merging of two or more criminal cases into one record
03.05.1996. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-111/1996
On the initiation of criminal proceedings
18.03.1996. Decision of the Department of Criminal Cases, case No SKK-50/1996
On the infringement of the defendant's rights of defense
27.03.1996. Decision of the Department of Criminal Cases, case No SKK-37/1996
On expulsion of the defendant from the court hearing
