It was planned to review case in written proceedings in the chamber of Criminal Cases of the Supreme Court for the first time. However, the accused party, who asks to lessen punishment condemned to him, doesn’t agree with review of case in written proceedings, so reviewing of case has been postponed and filer of the claim of appeal possibly, will have to wait for oral proceedings for several months.

Amendments in Criminal Procedure Law that were accepted on March 19, 2009 and that have come into force since July 1, 2009, provide review of case in the Court of Appeal not only in oral, but also in written proceedings. The judge of the Chamber of Criminal Cases Janis Tiltins, who is reporter in the first case postponed, concedes that it will not be possible to use written proceedings in review of cases often, as submitters of claims want case to be reviewed de novo in oral proceedings and so that they have possibility to participate and give explanations orally.

Amendments in Part 4 of Paragraph 559 of Criminal Procedure Law provide that it is possible to review criminal case in the Court of Appeal, if in the claim or protest of appeal it has been asked only to lessen punishment condemned, or in the claim or protest there is indication to circumstances, due to which the sentence of the court of the first instance must be cancelled anyway, and if prosecutor or person, whose interests or rights have been touched by claim or protest, doesn’t object against it.

Case has been reviewed in written proceedings, the same as in oral proceedings, by court in composition of three judges. In resolution about acceptance of the case for review in written proceedings the composition of the court has been indicated, which will review the case, and prosecutor or person, whose rights have been touched by claim or protest to be reviewed, can give refusal to the composition of the court or to separate judge, and also submit objections against reviewing the case in written proceedings. Prosecutor has right to submit opinion about claim of appeal. In resolution about acceptance of the case for review in written proceedings day of availability of ruling of the court has been indicated.

The Court of Appeal reviews case in written proceedings without proof of evidences. The Criminal Procedure Law has been expanded with Paragraph 5611 that states that in such cases the case has been reviewed with all materials existing in the case, taking into account the competency of the Court of Appeal. In cases, if objections of prosecutor, the accused party or the victim have been received, the court makes decision about review of case in oral proceedings. The court can make decision about review of case in oral proceedings by its own initiative.

For its part, in cases, if the judge of higher level reviews claims about resolutions that are related to questions of execution of punishment, amendments in the Paragraph 651 of Criminal Procedure Law provide written proceedings only. The claim has been reviewed with all materials existing in the case and ruling of the judge is not reversible. Since July in the Chamber of Criminal Cases several claims of such kind have been reviewed already. Next week it is also planned to review claim about application about release of punishment condemned because of disease that had been rejected.



Information prepared by

Head of the Division of Communications of the Supreme Court Rasma Zvejniece

E-mail: rasma.zvejniece@at.gov.lv, telephone: 7020396, 28652211