On December 16, the General Meeting of Senators of the Senate’s Department of Criminal Cases was held to ensure uniformity in the classification of crimes under Section 260 of the Criminal Law (Violation of Traffic Provisions and Provisions Regarding Vehicle Operation). Senators discussed the compilation of case law "Senate’s findings in cases concerning violations of traffic provisions and provisions regarding vehicle operation (Section 260 of the Criminal Law)" and adopted a decision explaining the application of this Section.

Section 260 of the Criminal Law provides for the liability of a person operating vehicle for violations of traffic provisions and provisions regarding vehicle operation if, as a result, the victim suffers moderate or serious bodily injury, or one or more persons die.

At the meeting, the senators emphasized that, irrespective of whether the violation of traffic or vehicle operation provisions was intentional or negligent, if harmful consequences were caused as a result of negligence, the criminal offense stipulated in Section 260 of the Criminal Law is deemed to have been committed through negligence.

The decision also explains the principle of reliance applicable in road traffic (every road traffic participant has the right to assume that other persons will also comply with the established traffic provisions), as well as significant attention is paid to establishing the causal link between the offense (violation of provisions) and the consequences (bodily injury or death of a person) as one of the circumstances that must be proven.

The first and second paragraphs of Section 49.1 of the law “On Judicial Power” stipulate that the General Meeting of Senators of a Department of the Senate shall be convened by the President of the Supreme Court to discuss topical issues of interpretation of legal norms for the uniform application thereof.

 

The compilation of Senate's findings

The compilation of case law prepared by the Supreme Court, "Findings of the Senate in cases concerning violations of road traffic provisions and provisions regarding vehicle operation (Section 260 of the Criminal Law)," summarizes and systematizes the findings of the Senate, conclusions and examples of judicial practice in cases concerning violations of road traffic provisions and provisions regarding vehicle operation, which were examined by the Senate between 2020 and July 2025. The findings of the Senate systematized in the compilation illustrate the issues relevant to this category of cases that have been topical in judicial practice in recent years.

 

Information prepared by the Division of Case-law and Research of the Supreme Court

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