• 75%
  • 100%
  • 125%
  • 155%

Chapter Thirty-seven. Review of a judgment under cassation procedure

19.07.2005. Decision of the Department of Criminal Cases of the Senate, case No SKK-308/2005 Jurisdiction of the Court of Cassation

Download

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

Download

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

Download

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 Decision of the Department of Criminal Cases, case No SKK-371/1998 If the defendant has withdrawn his or her appeal before the court of appeal, then in accordance with the provisions of Chapter 37 of the Latvian Code of Criminal Procedure, he shall not be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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

05.12.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-360/1997 Jurisdiction of the cassation court

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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)

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

17.12.1996. Decision of the Department of Criminal Cases, case No SKK-306/1996 On the rejection of the cassation complaint at the court hearing

Download

03.12.1996. Decision of the Department of Criminal Cases, case No SKK-289/1996 On the rejection of the cassation complaint at the court hearing

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

16.07.1996. Decision of the Department of Criminal Cases, case No SKK-168/1996 On the rejection of the cassation complaint at the court hearing

Download

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

Download

21.05.1996. Decision of the Department of Criminal Cases, case No SKK-130/1996 On the rejection of the cassation complaint at the court hearing

Download

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

Download

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

Download

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

Download

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

Download

30.04.1996. Decision of the Department of Criminal Cases, case No SKK-105/1996 On the rejection of the cassation complaint at the court hearing

Download

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

Download

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

Download

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

Download

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

Download

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

Download

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

Download

14.02.1996. Decision of the Department of Criminal Cases, case No SKK-24/1996 On the rejection of the prosecutor's protest at the court hearing

Download

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

Download