The Division of the Case-law and Research of the Supreme Court has summarized the case-law in criminal cases on crossing of the state border (Section 284 of the Criminal Law), as well as the relevant case-law of the European Court of Justice in the field of restriction of immigration.
The study presents the analysis of decisions of courts of all three levels that were pronounced during the period from 1 January 2013 to 18 May 2016 and have entered into force, mainly focusing on the special features of the pre-trial criminal procedures and legal proceedings in criminal cases of this category, as well as on the penal policy issues (mitigating and aggravating circumstances, imposition of principal and additional penalty).
The study also analyzed the European Union law binding to Latvia and the relevant case-law of the European Court of Justice in the field of restriction of illegal immigration.
Summary of the study identified a number of issues for effective implementation of the EU law in the legal system of Latvia, for addressing of which a proposal for amendments to the Criminal Law and Criminal Procedure Law has been put forward.
Case-law has been compiled by Anda Krastiņa, consultant of the Division of the Case-law and Research.