On December 5, in order to promote an exchange of views on topical legal issues and case-law trends, the Chair of the Senate’s Department of Criminal Cases Anita Poļakova, departmental senators and legal research counsels met with prosecutors of the Prosecutor General's Office. Juris Juriss, a judge of the Constitutional Court, previously the Head Prosecutor of the Division for Coordination the Combatting with Money Laundering of the Prosecutor General's Office, also participated in the conversation.

During the meeting, the Senate's case-law, standard and methods of proof in money laundering cases were discussed. The legal framework, which is set out in, among others, the Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property, Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union, Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation, as well as other sources, was analysed. The examined issues were also briefly discussed in the context of the assessment given by the Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (Moneyval).

The discussion also focused on the criteria set out in the law with regard to procedures for the application of coercive measures to legal persons in money laundering cases. The case-law on criminal offences provided for in Sections 285 and 2851 of the Criminal Law, as well as procedural issues on legal aspects of organizing court hearings in a videoconferencing regime were also reviewed. Amendments to Section 455, Paragraph four of the Criminal Procedure Law were discussed, as they relate to court's right to establish factual circumstances or legal qualification of a criminal offence, which aggravates the position of an accused person.

The exchange of views between the court and the prosecutor's office on topical legal issues helps to strengthen the efficiency of the cassation court and promotes uniform case-law.

 

Information prepared by

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

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