According the order of the Supreme Court, the University of Latvia conducted the study of case law on determining penalties in case of a number of criminal offenses and according to several judgments, as well as on combining and replacing penalties (Articles 50, 51, and 52 of the Criminal Law).

Study is prepared by the Professor of the Faculty of Law and Dr.iur Valentija Liholaja. 100 judicial rulings are used for the elaboration of study.

At the end of 2016 the summary of case law was discussed in the meeting of the Department of Criminal Cases of the Supreme Court, together with the following summary.

The Department state that, in determining penalty for number of criminal offenses in general cases the partial combining of penalties should be applied. While in specific cases the final penalty could be determined by including the mildest penalty into the most severe penalty, as well as by completely combining the imposed penalties. When determining the final penalty for a number of criminal offenses, in general cases the mildest penalty should not be combined with the most severe one if it is determined for real concurrence of offences that is constituted of a serious or especially serious offence or three and more offenses.

In order to avoid the established errors, to ensure the proper and uniform application of legal provisions, also the conclusions and recommendations are included in the compilation. These recommendations complement the findings expressed at the general meeting of 1 July 2008 of judges of the Department of Criminal Cases and the Chamber of Criminal Cases of the Supreme Court of Latvia.

A compilation will serve as illustrative material for theses the Department of Criminal Cases it is intended for improvement of quality of administration of justice.

Compilation "Case law on determining penalties in case of a number of criminal offenses and according to several judgments, as well as on combining and replacing penalties (Articles 50, 51, and 52 of the Criminal Law)” is available on the webpage of the Supreme Court in section Judicature/Compilations of Court Decisions/Criminal Law

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211