According to the request of the Supreme Court, the University of Latvia has carried out a case-law study "Case-law in cases in which the material damage is a constituent element of criminal offence".

A research carried out by Doctor of Law, Associate Professor Diana Hamkova, covers both the theory of criminal law and case-law issues.

The research is based on the analysis of the rulings of the Supreme Court, complemented by insights into the rulings of the first instance courts and courts of appeal. Analyzed rulings have come into force from 2013 to 2017, part of them – even before 2013.

The conclusions and recommendations of the general meeting of judges of the Department of Criminal Cases of the Supreme Court have been added to the summary of case-law.

Determination of material damage and its exact justification as an issue of qualification of a criminal offence was identified already in 2004 in the Supreme Court's summary on case-law "Case-law in criminal cases about offences committed by state officials and responsible employees of companies (business entities) or organizations (2002-2003)”. The topicality of the issue is also confirmed by the following summaries of the case-law - "Case-law in criminal cases about indecent obtaining and use of a credit and other loans" and "Case-law in criminal cases pursuant to Section 317, Paragraph two, Section 318, Paragraph two, and Section 319, Paragraph two of the Criminal Law".


Both previous and current case-law study is available on the website of the Supreme Court in the section of case-law
See it here  

 

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