The Division of Case-Law of the Supreme Court in cooperation with Andrejs Judins, the specialist in field of law, performed study on case-law in criminal proceedings for determination of compulsory measures of a medical nature.  

It may be concluded from research that some amendments or additions are to be made to the Criminal Procedure Law and to Medical Treatment Law to promote effective application of compulsory measures of a medical nature. The Supreme Court has sent study to the Minister of Justice inviting him to initiate correspondent amendments to laws.

Conclusions of study show that maximum term for execution of compulsory measures of a medical nature should be determined linking its length to crime committed. However, later the medical treatment would be provided to a person beyond criminal proceedings, pursuant to procedure stated in Medical Treatment Law. It should be also stated in Criminal Procedure Law if a compulsory measure of a medical nature may be replaced with another one limiting person’s right to a greater extent, and if court may change measure applied to a person for several times.   

While summarising case-law, it is concluded that evasion of a person from outpatient treatment in medical institution is a problem, thus special legal regulation should be defined in legal standards for such cases. However, to avoid dissent about court competence in control over execution of compulsory measures of a medical nature, it should be defined in Criminal Procedure Law clearly.

Study of the Supreme Court is carried out analysing procedure of application of compulsory measures of a medical nature and control of their application in courts of Latvia. Conclusions of case-law summary are based on materials of 366 cases analysed in study, as well as information received while interviewing judges and discussing problematic issues on compulsory measures of a medical nature in seminars organised by Latvian Judicial Training Centre and in Latvian Judicial Conference.

 

Information prepared by

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

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