In a criminal case concerning the provision of illegal residence in the Republic of Latvia, the Senate’s Department of Criminal Cases upheld the prosecutor's protest and overturned the judgment of the Latgale Regional Court in the part concerning the penalty imposed on the defendant. This part of the case has been remitted for reconsideration.

The defendant was charged with deliberately providing more than five persons with the opportunity to reside illegally in the Republic of Latvia for financial gain at a time when a reinforced border security regime was in place. The crime was committed in October 2023, when the defendant agreed to transport a group of illegal migrants from Dagda to Riga for a fee.

The Latgale District Court found the defendant guilty of this criminal offense and sentenced him to 2 years and 6 months of imprisonment, as well as his was subject deportation from Latvia with a five-year entry ban. The Latgale Regional Court reduced the term of imprisonment by three months.

The Senate found that the court of appeal had not questioned the first instance court's conclusion that the defendant had committed the acts he was charged with for financial gain and during a period of enforced border security regime but had failed to assess these circumstances when determining the severity of the penalty.

The Senate states in its decision that if the court finds circumstances that could justify an imposition of a more severe punishment—as in this case, where the crime was committed for financial gain and during a period of enforced border security regime — they must be assessed together with all other factors influencing the determination of the penalty. Only by assessing them as a whole can a well-grounded penalty be determined.

Case No SKK-79/2025 (18240018523)

 

Baiba Kataja, Communication specialist of the Supreme Court

Telephone: 67020396; e-mail: baiba.kataja@at.gov.lv