19.11.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-373/1998
The decision of the appellate court to dismiss the appeal in cassation was annulled because the appellate court violated the provisions of Article 454 (3) of the Latvian Criminal Procedure Code which states that if the person filing the cassation appeal or protest following a complaint or protest
08.12.1998.
Decision of the Department of Criminal Cases, case No SKK-372/1998
Pursuant to Article 449 of the Latvian Criminal Procedure Code, the Court of Cassation only examines whether the criminal law has been properly applied and whether there have been no material violations of the rules of criminal procedure
08.12.1998.
Decision of the Department of Criminal Cases, case No SKK-371/1998
If the defendant has withdrawn his or her appeal before the court of appeal, then in accordance with the provisions of Chapter 37 of the Latvian Code of Criminal Procedure, he shall not be entitled to lodge an appeal in cassation or appeal against the decision of the court of appeal conditions
10.11.1998.
Decision of the Department of Criminal Cases, case No SKK-343/1998
According to the provisions of Chapter 37 of the Latvian Code of Criminal Procedure, the cassation instance court does not have jurisdiction to send a criminal case for pre-trial investigation in order to gather new evidence of the defendant's guilt
13.10.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-321/1998
The law does not provide for the examination of witnesses at a cassation instance hearing. The parties shall not be notified of the action sitting of the court of cassation instance
19.08.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-289/1998
If the court which delivered the judgment leaves the appeal in cassation open, an appeal may be lodged within seven days
08.09.1998.
Decision of the Department of Criminal Cases, case No SKK-260/1998
The grounds set out in Articles 450 and 451 of the Latvian Criminal Procedure Code must be established in order to set aside the judgment in cassation
11.08.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-255/1998
The decision of the Court of Appeal to dismiss the appeal in cassation has been set aside in part and reviewed in the action hearing of the Court of Cassation due to the extension of the indictment by one of the defendants
05.06.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-200/1998
Adoption of a decision to leave an appeal in cassation admissible after the time limit for appeal in cassation
12.05.1998.
Decision of the Department of Criminal Cases, case No SKK-148/1998
Amendments or supplements to the cassation protest in accordance with the provisions of Section 452 (1) of the Latvian Criminal Procedure Code shall be submitted in writing
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
08.04.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-137/1998
There is no legal basis for hearing the case at the cassation instance hearing on the grounds of the appeal
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
16.03.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-94/1998
The issue of whether to leave the appeal in cassation without review must be decided by the court which delivered the judgment
24.03.1998.
Decision of the Department of Criminal Cases, case No SKK-88/1998
The facts of the case and the reassessment of the evidence cannot be the subject-matter of a court of cassation instance
31.03.1998.
Decision of the Department of Criminal Cases, case No SKK-85/1998
In cases where the crime has been committed in a group, but only one of the defendants has submitted a cassation appeal, finding that the offenses of all the members of the group are incorrectly qualified, the judgment may also be amended for those defendants who have not submitted a cassation complaint
03.03.1998.
Decision of the Department of Criminal Cases, case No SKK-57/1998
Reassessment of Evidence under the Criminal Procedure Rules of Chapter 37 of the Latvian Code of Criminal Procedure does not fall within the jurisdiction of a cassation instance court
31.03.1998.
Decision of the Department of Criminal Cases, case No SKK-47/1998
Courts of appeal must adhere to the provisions of Article 313 of the Latvian Code of Criminal Procedure when deciding on a particular criminal case
31.03.1998.
Decision of the Department of Criminal Cases, case No SKK-47/1998
Courts of appeal must adhere to the provisions of Article 313 of the Latvian Code of Criminal Procedure when deciding on a particular criminal case
27.01.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-42/1998
An appeal in cassation shall be lodged in writing within ten days of the judgment being given; Persons in custody shall lodge appeals in cassation within the same time limit as from the date of receipt of the copy of the judgment
22.01.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-41/1998
According to Article 464 of the Latvian Code of Criminal Procedure, after a sentence has been set aside, a more severe sentence may be imposed only if the original sentence has been set aside following a protest by a prosecutor or a complaint by the victim
17.02.1998.
Decision of the Department of Criminal Cases, case No SKK-34/1998
The criminal proceedings were terminated as the defendant withdrew the cassation appeal
17.02.1998.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-21/1998
Examination of a judgment in cassation does not concern the interpretation of the factual circumstances of the case, reevaluation of evidence, requesting and evaluation of new evidence, but establishing whether the provisons of the Criminal Law and the Criminal Procedure Law are correctly applied during the examination of the case
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
19.12.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-372/1997
It is not permissible for the cassation court to reassess the evidence and reconsider the grounds of appeal
03.12.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-359/1997
It is not permissible for the cassation court to reassess the evidence and reconsider the grounds of appeal
04.12.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-347/1997
According to Section 449 of the Latvian Code of Criminal Procedure, the examination of a judgment in cassation is allowed only if the judgment is based on a material violation of the Criminal Law or the Criminal Procedure Law
20.11.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-342/1997
It is not permissible for the cassation court to reassess the evidence and reconsider the grounds of appeal
11.11.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-332/1997
The cassation complaint is rejected without examinig a case in a court, because the defendant's claim for reclassification of the offense, thus challenging the assessment of the evidence in the judgment of the appellate court, is not based on the reference to the violation of the criminal procedure provisions in their assessment
07.11.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-324/1997
The claim for reduction of the sentence imposed by the cassation complaint must be substantiated with a reference to the violation of Sections 35-37 of the General Part of the Latvian Criminal Code
10.11.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-316/1997
Formal references in a cassation complaint to violations of the provisions of the Criminal Procedure Law, without indicating specific violations of these provisions, when examining a case in an appellate court, cannot be the basis for reviewing a judgment in cassation
29.10.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-311/1997
Reassessment of evidence and establishment of facts in the cassation court
27.10.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-310/1997
Prosecutor's protest was rejected at the assignment sitting of the Department of Criminal Cases of the Senate, because the evidence assessed in the judgment cannot be re-evaluated by the cassation court, but the appellate court examined and assessed it in accordance with Section 51 and 313 of the Latvian Code of Criminal Procedure
10.10.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-302/1997
It is not permissible for the cassation court to re-evaluate the evidence and reconsider the grounds of appeal
07.10.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-296/1997
Admissibility of review of a judgment in cassation only in cases where the judgment is based on a material violation of criminal law or criminal procedure law
07.10.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-294/1997
Reassessment of evidence and establishment of facts in the cassation court
10.08.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-293/1997
Examination of a judgment in cassation is not related to the re-examination of the case, but only to whether, when making the judgment, the provisions of substantive law have been correctly applied and whether the court proceedings have been conducted in compliance with the provisions of the Criminal Procedure Law
21.10.1997.
Decision of the Department of Criminal Cases, case No SKK-286/1997
The annulment of the judgment is caused only by a significant violation of the Criminal Procedure Law
19.09.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-280/1997
The appellate court has rightly left the cassation complaints of the defendant without examination, as they are not substantiated by references to specific material violations of the Criminal Law or the Criminal Procedure Law
30.09.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-269/1997
Admissibility of examination of a judgment in cassation only in cases where the judgment is based on a material violation of criminal law or criminal procedure law
10.09.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-268/1997
The examination of a judgment in cassation is not related to the re-examination of the case, but only to whether, when making the judgment, the provisions of substantive law have been correctly applied and whether the court proceedings have been conducted in compliance with the provisions of the Criminal Procedure Law
16.09.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-266/1997
Examination of a judgment in cassation does not apply to the establishment of the factual circumstances of the case
23.09.1997.
Decision of the Department of Criminal Cases, case No SKK-255/1997
The reassessment of evidence cannot be the subject of case review by a court of cassation
21.08.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-249/1997
Examination of a judgment in cassation shall be permitted only if the judgment is based on a violation of the criminal law or a material violation of the criminal procedure law
13.08.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-230/1997
Examination of a cassation complaint in court is not permitted if a reasoned application of the prosecutor regarding the rejection of the cassation complaint due to the fact that there are no grounds for a re-examination of the judgment is recognized as justified
10.06.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-200/1997
Cassation complaints of the defendant are rejected due to non-compliance with provisions of Section 452, Paragraph two of the Latvian Code of Criminal Procedure
01.07.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-191/1997
The cassation complaints of the victim and the defendant were rejected as not complying with the provisions of Section 452, Paragraph 2 of the Latvian Code of Criminal Procedure, but the cassation protest was appointed for consideration at the court hearing
09.06.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-190/1997
The reassessment of evidence cannot be the subject of review by the cassation court
04.06.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-184/1997
The prosecutor's cassation protest is rejected because it is based on the grounds of the appeal protest
20.05.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-172/1997
The defendant's cassation complaint is rightly left without consideration
22.05.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-171/1997
The reassessment of evidence cannot be the subject of review by the cassation court
14.05.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-158/1997
The defendant in the cassation complaint is not entitled to request the annulment of the judgment on the co-defendant
08.05.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-155/1997
The cassation complaints of the defendants are rightly left without consideration
18.04.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-144/1997
The prosecutor's cassation protest is rejected without examining the case at the court hearing due to the fact that the review of the judgment in cassation does not apply to the factual circumstances of the case
25.04.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-137/1997
Examination of a judgment on the basis of cassation complaints does not apply to the factual circumstances of the case, but only to questions whether the sections of the General and Special Parts of the Latvian Criminal Code have been correctly applied in qualifying the defendant's actions and whether such violations of the provisions of criminal procedure which have restricted or otherwise influenced or could have influenced the making of a lawful, reasonable and fair judgment have been admitted to the proceedings
21.04.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-133/1997
Examination of a judgment on the basis of cassation complaints does not apply to the factual circumstances of the case, but only to questions whether the sections of the General and Special Parts of the Latvian Criminal Code have been correctly applied in qualifying the defendant's actions and whether such violations of the provisions of criminal procedure which have restricted or otherwise influenced or could have influenced the making of a lawful, reasonable and fair judgment have been admitted to the proceedings
14.05.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-131/1997
The court that made the judgment is entitled to leave without examination the cassation complaint or protests submitted after the specified term or without the substantiation of the expressed claims (Section 452 of the Latvian Code of Criminal Procedure)
17.04.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-129/1997
A cassation complaint is lodged with the court that made the judgment
09.05.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-127/1997
Examination of a judgment on the basis of cassation complaints does not apply to the factual circumstances of the case, but only to questions whether the sections of the General and Special Parts of the Latvian Criminal Code have been correctly applied in qualifying the defendant's actions and whether such violations of the provisions of criminal procedure which have restricted or otherwise influenced or could have influenced the making of a lawful, reasonable and fair judgment have been admitted to the proceedings
03.04.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-126/1997
Reassessment of evidence cannot be the subject of review by a cassation court
02.04.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-122/1997
The victim's complaint was rejected without hearing the case in the cassation court, as the victim, requesting to set aside the judgment and remit the case in order to sentence the defendant to imprisonment for a term of not less than 10 years for the murder of the victim's mother, has not indicated violations of Sections 35-37 of the Criminal Code, which would have been committed in determining the degree of liability of the defendant
25.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-114/1997
There is no legal basis for hearing the case at the hearing in cassation instance on the grounds of appeal
24.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-112/1997
The cassation complaint was rejected without examining the case at the court hearing, because the defendants did not base the claims expressed in the cassation complaints on a material violation of the Criminal Law or the Criminal Procedure Law, which would have been committed in the appellate instance when assessing the evidence. Their reassessment does not fall within the scope of authority of the cassation court
23.04.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-107/1997
The provisions of Section 449 of the Latvian Code of Criminal Procedure allow for the review of a judgment in cassation only if the judgment is based on a material violation of the Criminal Law or the Criminal Procedure Law
27.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-104/1997
The basis for the examination of a criminal case in the cassation court can be only a cassation complaint or a cassation protest
18.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-100/1997
There is no legal basis for the cassation court to review another judgment (judgment in another criminal case) by which the defendant has been recognized as a particularly dangerous recidivist
27.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-93/1997
The reassessment of evidence cannot be the subject of review by the cassation court
07.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-80/1997
The factual circumstances of the case and the reassessment of the evidence cannot be the subject of review in the cassation court
04.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-79/1997
A cassation complaint filed after the prescribed term shall be dismissed in accordance with the provisions of Section 452, Paragraph 4 of the Latvian Code of Criminal Procedure
12.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-73/1997
The cassation complaint is rejected because the claim expressed therein is not substantiated with an indication of a material violation of the Criminal Procedure Law
03.03.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-66/1997
A cassation complaint shall be rejected at an assignment hearing without hearing a case at court if the defendant has indicated in the cassation complaint the circumstances which he or she has mentioned in the appeal but has withdrawn at the court hearing
14.04.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-55/1997
If the defendant in the appellate court refuses to maintain the appeal in the part regarding the classification of the offense, then there are no grounds for reviewing the judgment in cassation in this part
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
10.02.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-39/1997
There is no legal basis for reviewing the judgment in cassation on the grounds of appeal
27.01.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-35/1997
The defendant's cassation complaint is dismissed without hearing a case in the cassation court, as the defendant in the cassation complaint repeats the motives of the appeal, detailing the factual circumstances of the case, which have been thoroughly and completely reexamined and assessed in accordance with the provisions of the Code of Criminal Procedure in the appellate court upon reexamination of the case for factual and legal reasons
29.01.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-20/1997
The provisions of Section 452, Paragraph 2 of the Latvian Code of Criminal Procedure allow the examination of a cassation complaint in a court hearing only if the claim expressed in the complaint is substantiated by an indication of a violation of the provisions of the Criminal Law or the Criminal Procedure Law
16.01.1997.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-2/1997
The factual circumstances of the case and the reassessment of the evidence cannot be the subject of review in the cassation court
30.09.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-330/1996
On the limits of the examination of an ancillary protest by the court of cassation
19.12.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-319/1996
On the rejection of a cassation complaint without reviewing a case at the court hearing
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
09.12.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-315/1996
On the rejection of a cassation complaint, if it does not indicate violations of the law
17.12.1996.
Decision of the Department of Criminal Cases, case No SKK-312/1996
On the violation of the criminal procedure law, which in any case leads to the annulment of a judgment
11.11.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-282/1996
The cassation complaint has not been unreasonably left without consideration
28.10.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-268/1996
On the rejection of a cassation complaint without reviewing a case at the court hearing
24.10.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-263/1996
On the participation of a prosecutor in an action hearing
09.10.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-242/1996
On the rejection of a cassation complaint without reviewing a case at the court hearing
16.09.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-240/1996
Appeal against the decision to leave the cassation complaint without examination
17.09.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-235/1996
On the failure to notify the defendants of the action hearing of the court of cassation
29.08.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-234/1996
On the rejection of a cassation complaint, if it does not indicate violations of the law
31.05.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-146/1996
Appeal against the decision to leave the cassation complaint without examination
08.05.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-125/1996
On the decision of the appellate court dismissing the cassation complaint
15.05.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-124/1996
On the jurisdiction of an appellate court in criminal cases
08.05.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-121/1996
The cassation complaint is justly left without consideration
06.05.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-118/1996
On the rejection of a cassation complaint, if it does not indicate violations of the law
06.05.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-90/1996
On the rejection of the cassation complaint upon a substantiated application by the prosecutor
25.03.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-70/1996
On the rejection of a cassation complaint without reviewing a case at the court hearing
27.02.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-41/1996
The cassation complaint has not been unreasonably left without consideration
21.02.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-31/1996
The cassation complaint has not been unreasonably left without consideration
04.12.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-30/1996
Inadmissibility of reassessment of evidence by the cassation court
08.02.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-25/1996
On the decision of the appellate court dismissing the cassation complaint
19.02.1996.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-11/1996
On the rejection of the cassation complaint upon a substantiated application by the prosecutor
