The backlog of cases in the Department of Criminal Cases of the Senate has decreased to 141 cases in the past year, and this is because 104 cases were received less and 29 cases were examined more than the previous year. The tendency of reduction in numbers of incoming cases is closely related to the work of the Department in previous years as indicated by the Chair of the Department, Anita Poļakova, at the Annual Performance Report Plenary Session of the Supreme Court on January 27.

First of all, with the amendments to the Criminal Procedure Law, the jurisdiction and possibility of appeal of cases of certain categories has changed, namely it is no longer possible to appeal in cassation those rulings regarding which it was already refused to initiate cassation proceedings; there is no longer provision for an appeal in cassation of decisions on the cancellation or amendment of a coercive measure of a medical nature; the judge's decisions on establishing the sentence to be executed in Latvia, as well as the decisions made in the court of first instance during the agreement procedure can no longer be appealed before the Senate, but shall be appealed before appellate (regional) courts and such decision shall be final. All these amendments to the Law have been initiated by the Department.

The Chair of the Department emphasized that the Department's initiative not only aimed at reducing the number of cases, it shall also ensure that the regional courts, when receiving cases of specific categories, are prepared for dealing with them. The experience of the Senate in resolving problematic issues of the application of coercive measures of a medical nature is presented in the form of a summary of case law. Whereas, the experience in the evaluation of the cases examined under agreement procedure was shared in lectures and discussions, when visiting regional courts both in person and remotely. Moreover, this year the experience of the Senate is planned to be made public by publishing a compilation of case law.

Furthermore, in addition to the amendments to the Law, which will reduce the influx of cases in the Department, the amendments which will increase the intensity of the Department's work and provide for the necessary resources have also entered into force. As from November 3, the possibility to examine criminal cases under cassation procedure in an expanded composition of judicial panel is enabled. As well as, senators now may express dissenting opinions in writing. This amendment to the Law is also initiated by the Department in order to obtain another tool for the creation of more stable case law and for the development of legal thought.

Another aspect implies the complex settlement of legal issues practiced in the Department. The results of this process are not immediately visible, initially it may even increase the length of proceedings, but later, with the formation of stable case law, it will be justified by the faster flow of cases of the relevant category and the stability of number of rulings in courts of all instances. Thus, for instance, the statistics of 2022 show that the issue dealt with in previous years in connection with compensation for damages in cases of road traffic accidents has been settled and is no longer relevant, and by referring to established case law it is no longer needed to initiate cassation proceedings.

In 2022, the Department worked in depth on the issues of applying Section 218 (Evasion of Tax Payments and Payments Equivalent Thereto) and Section 195 (Laundering of the Proceeds from Crime) of the Criminal Law. The Department's 10-year internal study of case law has resulted in the case law summary "Evasion of Tax Payments and Payments Equivalent Thereto". Work has begun on the issue of separating the criminal offense provided for in Section 218 of the Criminal Law from the cases provided for in Section 195 where the criminal activities are carried out simultaneously and in connection with the same fictitious transactions. Statistics show that 95 such cases were received within three years, 40 of them were examined under cassation procedure, and 26 appellate court rulings were cancelled in whole or in part.

The complex settlement of legal issues, which covers several cases at the same time, is one of the reasons for slight increase in the average length of proceedings in the Department compared to the previous year. However, as the Chair emphasized, only four criminal cases that were received in the Senate in 2021 were pending in 2022; but by the end of January, only one of these cases remained, which is now being examined in the oral proceedings in an extended composition.

Another statistical data shows that in 67% of cases in which it was refused to initiate cassation proceedings A. Poļakova pointed out the low quality of complaints and protests, especially drawing attention to cassation protests submitted by the Prosecutor's Office. Out of 584 cases that were examined by the Department in 2022, the prosecutor's cassation protest was submitted in 79 cases. In 21 of these cases, a decision was made to refuse to initiate cassation proceedings. Out of 58 initiated cases, the decision of a lower court was left unchanged in 9 cases. Thus, in almost every third case (or about 38%), in which a cassation protest was submitted, a decision was made to refuse to initiate cassation proceedings or, if the case was considered under cassation procedure, the appealed decision of a lower court was left unchanged.

Taking into account that the validity of cassation complaints and cassation protests is closely related to the scope of the Department's work and the speed of reviewing cases, this year the Department of Criminal Cases plans to develop recommendations for those who submit complaints and protests, which will help them to understand the Department's requirements.

On January 27, the Plenary Session evaluated the work of the Supreme Court in 2022. The work of the structural units was analysed by their heads, namely by chairs of Senate departments and heads of the Division of Case Law and Research and the Administration. The report was also given by the Chair of the Disciplinary Court. The Plenary Session was addressed by the Prosecutor General and the Minister of Justice.

 

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