On Friday, April 25, the Supreme Court organizes the conference “Application of punitive policy” where the conclusions of the study on the court practice and the recommendations suggested in the course of it will be discussed and the guidelines of policy of application of criminal punishment will be further developed. The goal of the conference – to ensure uniformity in the application of law standards through discussions of current issues of interpretation of the law standards.

The Supreme Court in cooperation with the specialists in criminal law has completed the most extensive summary of the court practice regarding the punitive policy to date implemented both by the first instance courts and the Chamber of Criminal Cases of the Supreme Court as the appellate instance.

The summary analyzes the policy of criminal punishments in application of penalties and other measures of criminal justice in the court practice of 2006 and 2007. Analysis was given regarding the materials of criminal cases in which the regional courts as the first instance courts have declared guilty 409 persons, as well as the decisions of the Chamber of Criminal Cases of the Supreme Court after reviewing appeals and protests, and the rulings of the Department of Criminal Cases of the Senate in relation to the filed cassation complaints and protests.

The study gives analysis of the practice of application of the standards stipulated by the Criminal Law, summarizes data on the types of punishments and sentences which the regional courts as the first instance courts and the Chamber of the Supreme Court as the appellate instance imposes on the offenders for criminal offences related to illegal circulation of narcotic and psychotropic substances, sexual abuse, murders, crimes against property and other violations of law, on the procedure of determination of criminal punishment, on suspended sentences, determination of punishment for several criminal offences and several judgments, application of milder sentence than the one stipulated by the law, and other issues. The summary of the court practice shows general tendencies in the policy of application of criminal punishment, the practice of interpretation of standards of the General Part of the Criminal Law, as well as application of law standards inadequate to the goals of the criminal punishment.

For the first time, a discussion of such a deep study takes place, as well. The survey on the study will be presented by the Doctor of Law Andrejs Judins. Doctor of Law Valentina Liholaja will speak about the problems of application of punishment, the Chief Prosecutor of the Division of criminal cases subject to court trials of the Department of Criminal Law of the Prosecutor General Office Eriks Kalnmeiers will speak about the influence of prosecutors on the punitive policy. The report on the development of conception of the policy of criminal punishments will be delivered by the Director of the Department of Criminal Law of the Ministry of Justice Indra Gratkovska. The second part of the conference will be devoted to the discussion of topical issues in work groups. The work groups will be led by the senators of the Department of Criminal Cases and specialists in criminal law.

Judges of regional and district (town) courts, prosecutors, specialists in criminal law are invited to the conference in the Supreme Court on April 25. The Head of the Judicial Commission of the Saeima (Parliament) Vineta muižniece and the Head of the Department of Amnesties of the Chancery of the State President Elena Lodockina will also participate at the conference. As this is expected to be a working conference for judges and specialists, other interested persons and representatives from media are not invited to attend it.

In the course of the conference recommendations will be worked out, and the conclusions on the results of the study will be discussed in the general meeting of the judges of the Department of Criminal Cases and the Chamber of Criminal Cases of the Supreme Court, which will give its opinion on the issues of interpretation and application of law standards and will adopt a decision. The conclusions and recommendations of the joint meeting could be a step in the development of guidelines of criminal punishments. The conclusions and the decision of the joint meeting will be published.

 

Information prepared by

Head of the Division of Communications of the Supreme Court Rasma Zvejniece

E-mail: rasma.zvejniece@at.gov.lv, telephone: 7020396, 28652211