The Disciplinary Court, which was convened in the Supreme Court on 22 September, for the first time reviewed complaint filed by a prosecutor against an order of the Prosecutor General to call the prosecutor to disciplinary liability.

The Disciplinary Court amended the order of the Prosecutor General, excluding infringement of Clause 3 of Fundamental Principles of Mutual Relations and Behaviour of Prosecutors of the Latvian Code of Prosecutors’ Ethics, and eliminated proceedings in this part. The abovementioned article states that the prosecutor may not use language, gestures and perform actions, which may injure dignity of another person.

The Disciplinary Court upheld the order of the Prosecutor General in rest part. Thus, the disciplinary punishment, namely, reproof, imposed to the prosecutor for violation of confidentiality principle stays effective. This principle states that confidentiality is not withholding of information only, it claims that the prosecutor would not use information obtained during discharge of his professional duties neither in his personal interests nor to admit use thereof in interests of other persons.

The decision of the Disciplinary Court may not be appealed. Full decision will be available on 22 October.

In accordance with the law “On Judicial Power” the Disciplinary Court is established in the Supreme Court, and it has been convened to assess rule of law of appealed decision of the Judicial Disciplinary Committee and negative statements of the Judicial Qualification Committee. With amendments to the Law on the Prosecutor’s Office of 22 November 2012, the decision of the Prosecutor General or disciplinary punishment imposed may also be appealed in the Disciplinary Court as from 1 January 2014. The Disciplinary Court examines prosecutors’ complaints under procedure established in the Law on Disciplinary Liability of Judges.

The Disciplinary Court includes six judges of departments of the Supreme Court – by twos from the Department of Civil Cases, the Department of Criminal Cases and the Department of Administrative Cases, elected for five years by the Plenary Session of the Supreme Court.

 

 

Information prepared by

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

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