Chronological order

22.12.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-375/2000 The time period spent in pre-trial detention shall be included in the term of serving the sentence

20.12.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-379/2000 The judgment is set aside because the appellate court did not fully, comprehensively and objectively investigate the circumstances of the case and did not provide in the judgment a description of the recognized proven criminal activity

19.12.2000. Decision of the Department of Criminal Cases, case No SKK-350/2000 A person who is acquitted by a judgment of a court of first instance against which a protest appeal has been filed by a prosecutor shall be a defendant in accordance with Article 95, Paragraph two of the Latvian Code of Criminal Procedure. The court of appellate has the right to choose a coercive measure for the defendant

19.12.2000. Decision of the Department of Criminal Cases, case No SKK-360/2000 The judgment of an appellate court is aside as being contradictory

15.12.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-377/2000 The appeal of the defandant may be left without consideration and the appeal proceedings in the criminal case may be terminated only if the defendant does not appear at the court hearing without justifiable reasons

12.12.2000. Decision of the Department of Criminal Cases, case No SKK-341/2000 Lawfulness and validity of the judgment of the appellate court

12.12.2000. Decision of the Department of Criminal Cases, case No SKK-347/2000 The judgment is set aside because the district court denied the victim the opportunity to exercise the right to participate in the trial guaranteed to him in the Article 100, Paragraph three of the Latvian Code of Criminal Procedure

12.12.2000. Decision of the Department of Criminal Cases, case No SKK-354/2000 In the case of a suspended sentence, the reasons for the suspended sentence must be stated in the judgment

08.12.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-367/2000 The cassation proceedings in the case are terminated, as in accordance with the provisions of Article 465, Paragraph one of the Latvian Code of Criminal Procedure, the decision of the higher instance court is final

07.12.2000. Decision of the Department of Criminal Cases, case No SKK-315/2000 When determining the final sentence upon judgment aggregation, in accordance with Section 51 of the Criminal Law, not only the basic penalty not served shall be added, but also an ancillary penalty shall be added to the penalty imposed in the new judgment

04.12.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-357/2000 According to Article 45 of the Criminal Law, police supervision is an ancillary penalty imposed by a court on a person sentenced to a real custodial sentence. An additional penalty - police supervision - cannot be imposed when imposing a suspended sentence

01.12.2000. Assignment Heraring Decision of the Department of Criminal Cases, case No SKK-355/2000 The decision of the court of appeal on leaving the defendant's cassation complaint without examination is annulled and the decision of the appellate instance court and the judgment of the court of first instance is amended in part regarding the sentence imposed on the defendant

28.11.2000. Decision of the Department of Criminal Cases, case No SKK-328/2000 Judgments of both court instances are set aside because the courts had not established and investigated the circumstances relating to the defendant's mental health, and the defendant's rights of defense were not guaranteed by the court of first instance

28.11.2000. Decision of the Department of Criminal Cases, case No SKK-338/2000 The judgment is amended because the court had incorrectly applied the provisions of Section 51 of the Criminal Law

21.11.2000. Decision of the Department of Criminal Cases, case No SKK-320/2000 The judgment of the appellate court is set aside as the defendant's actions, which were in fact desecration of the grave, were incorrectly classified under Section 180 of the Criminal Law as covert theft

21.11.2000. Decision of the Department of Criminal Cases, case No SKK-331/2000 Within the meaning of Section 15, Paragraph one of the Criminal Law, small scale theft shall be deemed to have been completed if it contains all the objective and subjective features of the composition of the criminal offense described in Section 180 of the Criminal Law

21.11.2000. Decision of the Department of Criminal Cases, case No SKK-332/2000 If the defendant has intentionally murdered one person, but the death of the other person has not occurred due to a cause beyond the control of the perpetrator, the offense shall be classified in accordance with Section 15, Paragraph four and Section 118, Paragraph two of the Criminal Law

15.11.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-333/2000 The judgment of the court of appeal is amended because the court incorrectly applied Articles 38 and 39 of the Latvian Criminal Code when imposing a final sentence on the defendant

14.11.2000. Decision of the Department of Criminal Cases, case No SKK-317/2000 Determining a penalty in compliance with the provisions of Section 50, Paragraph five of the Criminal Law

14.11.2000. Decision of the Department of Criminal Cases, case No SKK-318/2000 The judgment is annulled in the part regarding the imposition of a final sentence, because when determing the sentence upon judgement aggregation the requirement of Section 51, Paragraph two of the Criminal Law that the final sentence must be higher than the unserved part of the sentence imposed in the previous judgment has not been complied with

14.11.2000. Decision of the Department of Criminal Cases, case No SKK-322/2000 The judgment of the court of appeal is amended because it violates the requirements of Section 46, Paragraph one of the Criminal Law and provides for a penalty not provided for in the Special part of the Criminal Law and unreasonably refers to Section 49 of the Criminal Law

14.11.2000. Decision of the Department of Criminal Cases, case No SKK-326/2000 According to Section 51 of the Criminal Law, if a convicted person has committed a new criminal offense after the judgement is delivered but before serving the sentence in full, the court must add to the sentence imposed in the new judgement all or part of the sentence not served after the previous judgment

14.11.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-327/2000 If the acts causing damage to the person to be detained are not required for his/her detention, liability shall be based on general grounds

07.11.2000. Decision of the Department of Criminal Cases, case No SKK-305/2000 If the public prosecutor withdraws the charge, the higher ranked prosecutor may reopen the public charge or declare that it will not be done, even before the 72-hour time limit has expired. The appellate court may satisfy the victim's complaint of unjustified acquittal only if the prosecutor upholds the complaint

07.11.2000. Decision of the Department of Criminal Cases, case No SKK-310/2000 Only significant violations of the provisions of criminal procedure, which could have affected the validity and lawfulness of court rulings, may be grounds for annulment of court rulings under cassation procedure

24.10.2000. Decision of the Department of Criminal Cases, case No SKK-306/2000 The court decision to refer the case for additional investigation is annulled because the requirements of Articles 223 and 228 of the Latvian Code of Criminal Procedure regarding the referral of the accused to court have not been complied with

22.10.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-308/2000 Upon suspended sentence, the court may impose an obligation on the convict to remedy the damage caused within a specified period of time, the amount of which has been clarified in the judicial investigation. The judgment must specify the amount of damages, the type of damages and the recipient of the compensation

17.10.2000. Decision of the Department of Criminal Cases, case No SKK-298/2000 The fact of recognizing an object as evidence is excluded from the court decision, because the presentation of the objects for recognition has been done in violation of the requirements of Article 166 of the Latvian Code of Criminal Procedure

17.10.2000. Decision of the Department of Criminal Cases, case No SKK-300/2000 The composition of Article 213.1, Paragraph one of the Latvian Criminal Code requires that the driving of a vehicle in a state of intoxication be performed repeatedly during the year

16.10.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-312/2000 In accordance with Article 7.1 of the Latvian Criminal Code, the crime provided for in Article 139, Paragraph two of the Latvian Criminal Code is not considered a serious crime, therefore a person convicted of such a crime shall be sentenced to a partly-closed prison

10.10.2000. Decision of the Department of Criminal Cases, case No SKK-283/2000 The judgment of a district court is annulled and the case is remitted, because the grounds for exepmtion of the defendant from the penalty do not comply with the requirements of the law, thus the judgment is not lawful and substantiated. In addition, the defendant has not been given the last word at the court hearing, which is a significant violation of the Criminal Procedure Law, which in any case leads to the annulment of the judgment

10.10.2000. Decision of the Department of Criminal Cases, case No SKK-293/2000 The court has correctly applied Article 204, Paragraph two of the Latvian Criminal Code, classifying the actions of the defendant as abusive hooliganism

10.10.2000. Decision of the Department of Criminal Cases, case No SKK-297/2000 Pursuant to Section 58, Paragraph two of the Criminal Law, a criminal case is reasonably terminated because the offender has concluded a settlement with the victim, who has confirmed this fact in writing prior to the commencement of the court investigation

10.10.2000. Decision of the Department of Criminal Cases, case No SKS-3/2000 Pursuant to Article 466 of the Latvian Code of Criminal Procedure, the decision of the Prosecutor General to extradite a person to a foreign state may be appealed to the Department of Criminal Cases of the Senate of the Supreme Cour

03.10.2000. Decision of the Department of Criminal Cases, case No SKK-257/2000 The acquittal of the appellate court is set aside because it does not meet the requirements of Articles 304 and 313 of the Latvian Code of Criminal Procedure

03.10.2000. Decision of the Department of Criminal Cases, case No SKK-274/2000 One of the required signs of theft is greed. It is for the court to assess in the judgment the evidence which leads to such conclusion

20.09.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-278/2000 The refusal to decide on the issue of making remarks in the minutes of the court hearing is recognized as a significant violation of the Criminal Procedure Law, therefore the ancillary complaint of the accused is satisfied and the decisions of the appellate court are annulled

19.09.2000. Decision of the Department of Criminal Cases, case No SKK-269/2000 The decision of the appellate court is left unchanged because the court had acted in accordance with the requirements of Article 442 of the Latvian Code of Criminal Procedure regarding the procedure for summoning witnesses and victims to a court hearing

12.09.2000. Decision of the Department of Criminal Cases, case No SKK-235/2000 The defendant's actions are rightly classified as repeated large-scale fraud, as the defendant had no intention of entering into civil relations; the credit agreements were used only as a means for defrauding money, uncritical trust and uncontrolledness of creditors does not change the defendant's intentions and actions

12.09.2000. Decision of the Department of Criminal Cases, case No SKK-198/2000 The acquittal is set aside because the court did not fully assess all the evidence and did not give reasons for rejecting the evidence on which the allegation was based

12.09.2000. Decision of the Department of Criminal Cases, case No SKK-225/2000 A formal reference in cassation complaints to a violation of the provisions of the Criminal Procedure Law cannot be grounds for annulment of court rulings

05.09.2000. Decision of the Department of Criminal Cases, case No SKK-192/2000 The judgment of the appellate court was set aside because the court did not comprehensively assess the evidence that is relevant for the correct adjudication of a civil claim when examining a case of violation of traffic regulations

04.09.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-226/2000 If a plaintiff in civil case has not filed an appeal against a judgment of a court of first instance by which his civil action has been dismissed, the appellate court cannot decide the civil action on the merits, thus violating the limits of the case, in accordance with the provisions of Article 446 of the Latvian Code of Criminal Procedure

29.08.2000. Decision of the Department of Criminal Cases, case No SKK-236/2000 Disagreement with the expert's opinion in accordance with the requirements of Article 58 of the Latvian Code of Criminal Procedure is grounded in the judgment

29.08.2000. Decision of the Department of Criminal Cases, case No SKK-246/2000 Lawfulness and validity of the judgment of the appellate court

22.08.2000. Decision of the Department of Criminal Cases, case No SKK-231/2000 The judgment of the appellate court is set aside due to non-compliance with the requirements of Articles 19 and 313 of the Latvian Code of Criminal Procedure, as the judgment contains no grounds as to why the evidence on which the accusation was based was rejected

22.08.2000. Decision of the Department of Criminal Cases, case No SKK-247/2000 In the event that a conditionally convicted person commits a new criminal offense during the probationary period, the court shall impose a sentence on him or her in accordance with the conditions provided for in Sections 51 and 52 of the Criminal Law

15.08.2000. Decision of the Department of Criminal Cases, case No SKK-221/2000 The judgment of the appellate court is annulled because the court had violated the provisions of Article 19 of the Latvian Code of Criminal Procedure; In controversial cases, when there are several contradictory opinions of an auto technical expert-examination in a criminal case, an auto technical expert-examination must be performed at a court hearing

15.08.2000. Decision of the Department of Criminal Cases, case No SKK-238/2000 A prosecutor in a court of cassation may not maintain an accusation and drop it within the meaning of Article 253 of the Latvian Code of Criminal Procedure. The opinion expressed by the prosecutor at the hearing of the court of cassation, including the termination of the criminal case, is not binding on the court of cassation

15.08.2000. Decision of the Department of Criminal Cases, case No SKK-239/2000 Court instances are not entitled to decide on the application of the provisions of Section 60 of the Criminal Law to a defendant if in a criminal case there is no application of the Prosecutor General provided for in Article 367.1 of the Latvian Criminal Procedure Code

08.08.2000. Decision of the Department of Criminal Cases, case No SKK-211/2000 Coercive measures of an educational nature may be applied to minors between the ages of 11 and 18 for committing a socially dangerous offense provided for in the Criminal Law

08.08.2000. Decision of the Department of Criminal Cases, case No SKK-250/2000 By violating the provisions of Article 50.1 of the Latvian Criminal Code, the district court has unreasonably prematurely released the convict from serving a custodial sentence

07.08.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-230/2000 By referring the case for additional investigation to bring a more serious charge on its own initiative without the request of the prosecutor, the court has violated the provisions of Article 243 of the Latvian Code of Criminal Procedure

07.07.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-175/2000 Court rulings are set aside and the criminal case is terminated in the part regarding the conviction of a person according to Article 183, Paragraph one of the Latvian Criminal Code due to the fact that the activities of the convict do not contain elements of a criminal offense

07.07.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-242/2000 The sentence of the defendant is reduced because the court instances, when determining the sentence, did not take into account the health condition of the defendant, which in the particular case is considered to be a mitigating circumstance in accordance with Section 46, Paragraph two of the Criminal Law

06.07.2000. Decision of the Department of Criminal Cases, case No SKK-194/2000 The court of appeal, taking into account that the provisions of Section 58, Paragraph two and Section 59, Paragraph three of the Criminal Law provide for an alternative decision-making regarding the settlement of the defendant and the victim, has reasonably ruled that the defendant shall not be acquitted

05.07.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-237/2000 If the highest court instance has determined the jurisdiction of a particular criminal case, no disputes of jurisdiction between courts shall be admissible

04.07.2000. Decision of the Department of Criminal Cases, case No SKK-191/2000 The prosecutor's cassation protest is left unsatisfied. The prosecutor is not entitled to file an appeal in cassation against the judgment of the court of first instance due to the mildness of the sentence imposed on the defendants, as no appeal has been filed for these reasons

04.07.2000. Decision of the Department of Criminal Cases, case No SKK-209/2000 When interpreting the provisions of the Latvian Code of Criminal Procedure, which provide for the general procedure and regulations on referring criminal cases for additional investigation, and the provision of the Criminal Procedure Law on adversarial proceedings, priority shall be given to the principle of adversarial proceedings, which was introduced later in criminal proceedings

30.06.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-196/2000 The question whether the court of first instance was right to refer the case for a pre-trial investigation to establish the facts and gather additional evidence shall be decided at the appeal hearing

27.06.2000. Decision of the Department of Criminal Cases, case No SKK-153/2000 If the elements of the crime provided for in the relevant section of the Latvian Criminal Code or the Criminal Law are described and set out in other legal provisions (blanket disposition), these relevant legal provisions must be presented and set out in the description of the criminal activities to be charged

27.06.2000. Decision of the Department of Criminal Cases, case No SKK-184/2000 The judgment is overturned because the court had not applied the provisions of Article 45 of the Latvian Criminal Code regarding the limitation period of criminal liability

20.06.2000. Decision of the Department of Criminal Cases, case No SKK-140/2000 Both the concept of an official defined in Article 162, Paragraph three of the Latvian Criminal Code and Section 316, Paragraph one of the Criminal Law recognize the performance of organizational and organizational or administrative and economic functions as mandatory characteristic functions of officials, the performance of which is clearly related to other employees of an institution, enterprise or organization directly or indirectly subordinate to an official

20.06.2000. Decision of the Department of Criminal Cases, case No SKK-176/2000 The provisions of Section 55, Paragraph five of the Criminal Law provide for the possibility of imposing an ancillary sentence, including restriction of rights, by imposing a suspended sentence, but do not provide for the imposition of a suspended ancillary sentence

20.06.2000. Decision of the Department of Criminal Cases, case No SKK-181/2000 When acquitting the defendants, the requirements of Article 299 of the Latvian Code of Criminal Procedure that the judgment must be lawful and substantiated, and the requirements of the third part of Article 313 that not only the circumstances of the case but also the defendant's justification, substantiating the reasons for rejecting the evidence on which the accusation is based, are rejected

20.06.2000. Decision of the Department of Criminal Cases, case No SKK-185/2000 If the sentence has been selected within the limits of the sentence provided for in Section 116 of the Criminal Law, then there are no grounds for reducing the sentence on the grounds that the sentence provided for in Section 116 of the Criminal Law is lighter than the sentence provided for in Article 98 of the Latvian Criminal Code

06.06.2000. Decision of the Department of Criminal Cases, case No SKK-174/2000 The court instances have correctly classified the offense according to Section 175, Paragraph four of the Criminal Law; A large-scale theft is the secret or overt theft of another's movable property, if the value of the stolen property at the time of the crime has exceeded the total amount of 50 minimum monthly salaries set by the government

06.06.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-183/2000 According to Sections 1 and 12 of the Criminal Law, a legal person cannot be the subject of a criminal offense, therefore no criminal proceedings can be initiated against it; The annulment of a judgment or decision shall not in itself constitute grounds for disciplinary action against a judge

31.05.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-162/2000 The provisions of the Law on Changes in the Jurisdiction of Cases do not have retroactive effect where a decision has already been made to transfer the defendant to court

30.05.2000. Decision of the Department of Criminal Cases, case No SKK-141/2000 The criminal activities of an official against a person are reasonably qualified as exceeding the authority of power and service, as they are related to the performance of duties of the official

23.05.2000. Decision of the Department of Criminal Cases, case No SKK-107/2000 The subjective side of the crimes provided for in Article 127, Paragraph two and Article 128, Paragraph two of the Latvian Criminal Code can only be a direct intention. The court's judgment is incorrect because, by finding the defendant guilty under Article 127, Paragraph two and Article 128, Paragraph two of the Criminal Code, the court found that the crime was committed with intentionally

23.05.2000. Decision of the Department of Criminal Cases, case No SKK-128/2000 The judgment is set aside and the case is terminated due to the absence of the composition of the criminal offense, as the defendant has violated the Road Traffic Regulations in a state of extreme necessity

23.05.2000. Decision of the Department of Criminal Cases, case No SKK-139/2000 The cassation complaints of the defendant and his defense counsel are unreasonably grounded on a violation of Article 52, Paragraph two and Article 442, Paragraph two of the Latvian Code of Criminal Procedure

23.05.2000. Decision of the Department of Criminal Cases, case No SKK-144/2000 The prosecutor's cassation protest is rejected because the appellate court had reasonably referred the criminal case for further pre-trial investigation. Parents cannot be recognized as the legal representatives of a minor in a criminal case if they have been deprived of parental authority by a court judgment

23.05.2000. Decision of the Department of Criminal Cases, case No SKK-146/2000 The theft within the meaning of Section 15, Paragraph one of the Criminal Law shall be deemed completed if the defendants have passed the shop cash register, have not paid for the concealed goods and have travelled at a distance from the shop cash register where they had a real opportunity to deal with these goods as their property

17.05.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-147/2000 In accordance with the provisions of the Code of Criminal Procedure of Latvia in the wording of April 1, 1999 and Section 7 of the Criminal Law, cases concerning criminal offenses punishable by a term of imprisonment of more than ten years fall within the jurisdiction of a regional court

16.05.2000. Decision of the Department of Criminal Cases, case No SKK-103/2000 The cassation proceedings in the case are terminated because the higher ranked prosecutor has withdrawn the cassation protest

16.05.2000. Decision of the Department of Criminal Cases, case No SKK-120/2000 When imposing a sentence, the provisions of Section 49, Paragraph one of the Criminal Law may be applied only if the court has established several mitigating circumstances for the defendant; Pursuant to Section 47, Paragraph two of the Criminal Law, when determining a penalty, the court may also take into account other circumstances which are not provided for by law, but which the court has recognized as mitigating circumstances

16.05.2000. Decision of the Department of Criminal Cases, case No SKK-125/2000 The court of first instance erroneously classified the offender under Article 109, Paragraph one of the Criminal Law, without taking into account the fact that the trees were illegally felled in a protected forest and without considering the issue of causing significant damage

16.05.2000. Decision of the Department of Criminal Cases, case No SKK-135/2000 The judgment of the court of first instance is overturned because the court had incorrectly applied the provisions of Article 38 of the Latvian Criminal Code

15.05.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-145/2000 Criminal proceedings may not be initiated if a case is initiated in circumstances which preclude legal proceedings

14.05.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-148/2000 The judgment is amended because the court had unlawfully recognized the fact that the defendant had not compensated the damage as an aggravating circumstance

09.05.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-134/2000 The defendant, who was herself a participant in crimes against the victim, was unjustly convicted of unprecedented concealment

28.04.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-126/2000 In accordance with the provisions of Section 25, Paragraph two of the Criminal Law, referring a case to a court for the application of coercive measures of an educational nature does not constitute a relapse of criminal offenses if the criminal case is terminated on the basis of Article 8 of the Latvian Code of Criminal Procedure

27.04.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-111/2000 When examining a criminal case according to Article 118 of the Latvian Criminal Code, it is not necessary to decide on the issue of debt recovery from the perpetrator. Recovery of an alimony debt shall be effected in accordance with the procedure for execution of a judgment previously rendered in a civil case

26.04.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-117/2000 In accordance with the transitional provisions of the Law of February 20, 1997, “Amendments to the Latvian Code of Criminal Procedure”, protests may be filed not only in criminal cases, but also in cases where the Law of June 1, 1993, on the Application of Compulsory Measures of Educational Nature to Juveniles

20.04.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-116/2000 In accordance with the provisions of Article 32 of the Latvian Code of Criminal Procedure, the regional court has jurisdiction over criminal cases for particularly serious crimes, namely, for intentional offenses for which imprisonment for a term exceeding ten years is provided for in the Criminal Law; Examination of a case in a court that does not have jurisdiction over the case, as defined in Article 451, Paragraph two of the Latvian Code of Criminal Procedure, is a significant violation of the Criminal Procedure Law, which in any case leads to the annulment of a judgment

18.04.2000. Decision of the Department of Criminal Cases, case No SKK-49/2000 If a person has fraudulently acquired the right to another's property, such an offense shall be classified as fraud. When examining a case, the court must be guided by the laws and regulations that are in force at the time the crime is committed

18.04.2000. Decision of the Department of Criminal Cases, case No SKK-75/2000 The transfer of drugs to the ownership or possession of another person by any means shall be considered as the sale of drugs. The state border of the Republic of Latvia is also the customs border. Illegal movement of goods or other valuables across the customs border, concealing them from customs control, is a completed crime (smuggling)

18.04.2000. Decision of the Department of Criminal Cases, case No SKK-86/2000 Upon reclassification of the defendant's activities under another Section of the Criminal Law, the description of the proven recognized criminal activity must be indicated in the part of the grounds of the judgment

18.04.2000. Decision of the Department of Criminal Cases, case No SKK-90/2000 The decision of the appellate court is annulled because the court did not examine the appeal in full, but erroneously acknowledged the fact that the defendant pleaded guilty at the hearing of the appellate court as a withdrawal of the appeal

14.04.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-52/2000 The imposition of a custodial sentence cannot be based on the financial situation of the defendant

13.04.2000. Assignments Hearing Decision of the Department of Criminal Cases, case No SKK-99/2000 The criminal offense provided for in Article 148.1 of the Latvian Criminal Code may be committed with either direct or indirect intent

11.04.2000. Decision of the Department of Criminal Cases, case No SKK-71/2000 The court of cassation has the authority to refer the case for additional pre-trial investigation even where it has not been requested by the prosecutor. A criminal case may be sent for pre-trial investigation to bring a more serious charge from the court of cassation only if the prosecutor so requests

11.04.2000. Decision of the Department of Criminal Cases, case No SKK-80/2000 Grounds for the application of the provisions of Section 49 of the Criminal Law - several mitigating circumstances

11.04.2000. Decision of the Department of Criminal Cases, case No SKK-89/2000 The judgment is amended because the court had incorrectly applied Section 51 of the Criminal Law instead of Section 50 of the Criminal Law when imposing a sentence

11.04.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-98/2000 Pursuant to the provisions of Article 226, Paragraph three of the Latvian Code of Criminal Procedure, a decision of a court hearing made after clarifying the question whether a security measure has been properly selected for the accused and rejecting the request to amend it shall not be subject to appeal

04.04.2000. Decision of the Department of Criminal Cases, case No SKK-76/2000 The judgment of the appellate court is set aside and the case is remitted for appeal, as the injured party had been denied the opportunity to exercise the rights provided by law, which could have affected the finding out of truth in accordance with Article 19 of the Latvian Code of Criminal Procedure

04.04.2000. Decision of the Department of Criminal Cases, case No SKK-77/2000 Murder of a child committed by the mother during or immediately after childbirth and if committed under psychological and physiological effects caused by childbirth shall be qualified in accordance with Section 119 of the Criminal Law

28.03.2000. Decision of the Department of Criminal Cases, case No SKS-2/2000 The decision of the Prosecutor General on the extradition of a person is left unamended, as it was adopted in accordance with Article 23.6 of the Latvian Code of Criminal Procedure and with Article 1 of the European Convention on Extradition

28.03.2000. Decision of the Department of Criminal Cases, case No SKK-65/2000 Pursuant to the requirements of Articles 51 and 313 of the Latvian Code of Criminal Procedure, the appellate court has considered the grounds of appeal regarding the factual circumstances and legal qualification of the crime, assessed the evidence, but the re-evaluation of evidence in accordance with the criminal procedural provisions included in Chapter 37 of the Latvian Code of Criminal Procedure does not fall within the competence of the court of cassation

28.03.2000. Decision of the Department of Criminal Cases, case No SKK-68/2000 The court of appeal, when applying Article 42 of the Latvian Criminal Code, has not comprehensively and completely examined and assessed all the circumstances in accordance with the provisions of Article 19, Paragraph three and Article 313, Paragraph two of the Latvian Criminal Procedure Code

21.03.2000. Decision of the Department of Criminal Cases, case No SKK-59/2000 Pursuant to the provisions of Article 19 of the Latvian Code of Criminal Procedure, when examining a case both in a court of first instance and in an appellate court, the court must take into account that the burden of proof applies to all the facts relevant to the case, not merely from the point of view of the defence

14.03.2000. Decision of the Department of Criminal Cases, case No SKK-17/2000 Considering the amount of damage caused to the state, Article 148.1, Paragraph one of the Latvian Criminal Code has been correctly applied to the actions of the defendant

14.03.2000. Decision of the Department of Criminal Cases, case No SKK-33/2000 The court that made the judgment may, in accordance with Article 373 of the Latvian Code of Criminal Procedure, decide issues related to the enforcement of the judgment, but is not entitled to make substantial amendments to the judgment itself

09.03.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-69/2000 When examining a case where a juvenile defendant is disabled, it must be taken into account that according to the

07.03.2000. Decision of the Department of Criminal Cases, case No SKK-56/2000 When applying Article 38, Paragraph three of the Latvian Criminal Code, the final penalty according to the aggregation of criminal offenses may not be lower than the punishment imposed by the first conviction, because in these cases, the aggregation or inclusion of the penalties must take account of the entire penalty imposed by the first conviction and not of the part of the sentence not served

02.03.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-57/2000 An additional penalty - police supervision - can be imposed by a court if a person is sentenced to a real custodial sentence, but this ancillary penalty cannot be imposed if the deprivation of liberty is conditional

01.03.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-34/2000 The cassation complaint is rejected without the hearing of the case in the court session of the cassation instance, because the reasons provided for in Article 449 of the Latvian Code of Criminal Procedure for the review of the judgment in the cassation procedure have not been established

22.02.2000. Decision of the Department of Criminal Cases, case No SKK-12/2000 Within the meaning of Article 127 of the Latvian Criminal Code, the offender has no criminal record only if he or she is not aware that the disreputable facts which he or she has attributed to the victim do not correspond to the truth

22.02.2000. Decision of the Department of Criminal Cases, case No SKK-30/2000 An acquittal shall be deemed to be justified if the conclusions of the court on the innocence of the acquitted are sufficiently substantiated, correspond to the factual circumstances of the case, cover all issues to be decided, based on evidence examined and assessed at the hearing that is obtained by a sufficiently complete and objective investigation of the circumstances of the case

14.02.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-43/2000 If a mitigating circumstance provided for in Article 36 of the Latvian Criminal Code is established during the examination of the case (pleading guilty) the court shall take this circumstance into account when imposing a sentence on the person who has committed the crime

08.02.2000. Decision of the Department of Criminal Cases, case No SKK-1/2000 The judgment of the court of appeal and the court of first instance is set aside as the judgment of the court of first instance was made in violation of the requirements of Article 298 of the Latvian Code of Criminal Procedure regarding the secrecy of the court deliberations

08.02.2000. Decision of the Department of Criminal Cases, case No SKK-20/2000 The appellate court, without considering the merits of the case, has violated the requirements of Article 433 of the Latvian Code of Criminal Procedure, therefore its decision has been annulled

08.02.2000. Decision of the Department of Criminal Cases, case No SKK-28/2000 As the crime provided for in Article 213.1, Paragraph two of the Latvian Criminal Code was committed before April 1, 1999, it is not necessary to reclassify it to Article 213.1, Paragraph one of this Criminal Code

04.02.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-40/2000 Procedural arrangements in criminal cases are determined by the laws in force at the time the case is examined in court. This also applies to jurisdiction of criminal cases

01.02.2000. Decision of the Department of Criminal Cases, case No SKS-1/2000 On the lawfulness and validity of the Prosecutor General's decision

01.02.2000. Decision of the Department of Criminal Cases, case No SKK-22/2000 When issuing a conviction, the court may, in exceptional cases, recognize the injured party’s right to receive satisfaction of a civil claim and refer the issue of the amount of the claim to civil proceedings (Article 307, Paragraph two of the Latvian Code of Criminal Procedure)

01.02.2000. Decision of the Department of Criminal Cases, case No SKK-27/2000 The cassation complaint is left unsatisfied, because when classifying the defendant's offense, the article, part of the article and clauses of the article of the Latvian Criminal Code, which should have been applied, have been applied

25.01.2000. Decision of the Department of Criminal Cases, case No SKK-10/2000 The judgment of the appellate court is reasoned and substantiated by evidence examined and assessed at the court hearing and, in accordance with the provisions of Article 447, Paragraph two of the Latvian Code of Criminal Procedure, is left unchanged when adopting the decision

25.01.2000. Decision of the Department of Criminal Cases, case No SKK-15/2000 The lawfulness and reasonability of the decision of the appellate court

25.01.2000. Decision of the Department of Criminal Cases, case No SKK-3/2000 A person may be released from criminal liability only if he or she has voluntarily surrendered a weapon, ammunition, explosive substance or special means manufactured, acquired, stored or carried without a relevant permit, and if there is no other criminal component in his or her activities (Article 218, Paragraph four of the Latvian Criminal Code, Section 235 of the Criminal Law)

25.01.2000. Decision of the Department of Criminal Cases, case No SKK-5/2000 When applying Article 42 of the Latvian Criminal Code, the general principles of sentencing must be observed, and in accordance with the requirements of the Article 313, Paragraph two of the Latvian Criminal Procedure Code a suspended sentence must be substantiated, specifying the circumstances due to which the court has found it appropriate not to enforce the judgment

24.01.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-26/2000 It is not necessary to indicate in the description of a proven criminal offense such traffic offenses that have not been causally caused by the traffic accident

18.01.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-18/2000 By not referring the appeal to the appellate court, the court has violated the requirements of Article 247 of the Latvian Code of Criminal Procedure regarding the right of the defendant to appeal against the judgment

17.01.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-21/2000 By releasing the convict conditionally before serving the term of imprisonment, the court has unlawfully applied an ancillary penalty - police supervision

11.01.2000. Decision of the Department of Criminal Cases, case No SKK-2/2000 The cassation complaint is dismissed, as the appellate court, based on the provisions of Article 313 of the Latvian Code of Criminal Procedure, has indicated in the judgment the evidence on which the findings of guilt of the defendant are based, and has substantiated why other evidence is rejected

11.01.2000. Decision of the Department of Criminal Cases, case No SKK-6/2000 If the judgment is made by a court that does not have jurisdiction over the case, it is a material violation of the Criminal Procedure Law that causes the judgment to be set aside

11.01.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-9/2000 Upon suspended sentence in accordance with the provisions of Article 42 of the Latvian Criminal Code, confiscation of property may not be applied