09.12.2003. Decision of the Department of Criminal Cases, case No SKK-654/2003 In the indictment, according to Section 231, Paragraph two of the Criminal Law, it must be stated how the disturbance of public peace has specifically manifested itself
Download09.12.2003. Decision of the Department of Criminal Cases, case No SKK-579/2003 A decision of a court of appeal was annulled due to violations of Section 19 of the Latvian Criminal Procedure Code
Download04.12.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-686/2003 The judgments of both court instances were annulled and the case was remitted for additional pre-trial investigation, because the provisions of Section 19 of the Latvian Criminal Procedure Code were not observed during the investigation and trial of the case
Download02.12.2003. Decision of the Department of Criminal Cases, case No SKK-622/2003 In an acquittal it must be stated that a defendant was acquitted of the charge brought in the pre-trial investigation, but not of another charge for which the prosecutor requested to be requalified during the trial
Download02.12.2003. Decision of the Department of Criminal Cases, case No SKK-648/2003 Rulings of the two previous court instances were annulled due to the fact that the civil action filed by the victim was improperly adjudicated
Download28.11.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-670/2003 A single-apartment residential building with outbuildings or an apartment in an apartment building, if the suspect or the accused and his family permanently live there, are not subject to arrest and confiscation
Download25.11.2003. Decision of the Department of Criminal Cases, case No SKK-619/2003 The judgment was annulled as being contradictory and adopted in violation of the requirements of Section 416, Paragraph four of the Latvian Criminal Procedure Code
Download20.11.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-661/2003 Violating the provisions of Section 442, Paragraph seven of the Latvian Criminal Procedure Code, the pending appeal was unjustifiably left without consideration, thus terminating the appeal proceedings
Download15.11.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-657/2003 According to Section 446, Paragraph three of the Latvian Criminal Procedure Code, a court of appeal may impose a harsher sentence on a defendant only if a prosecutor's protest or a victim's complaint is submitted for this reason
Download11.11.2003. Decision of the Department of Criminal Cases, case No SKK-598/2003 The cassation protest of the prosecutor was satisfied due to the fact that the appellate court incorrectly qualified the actions of the defendants
Download11.11.2003. Decision of the Department of Criminal Cases, case No SKK-566/2003 When re-examining a case under the appellate procedure, the court must take into account what was contested by a cassation protest and what was indicated in a cassation court decision
Download28.10.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-555/2003 If the first judgment in the indictment under Section 176, Paragraph two of the Criminal Law had not entered into force, the court with its latest judgment had no legal basis to qualify the defendant's actions according to Section 175, Paragraph two of the Criminal Law as a sign of repetition, as well as to determine the final sentence in accordance with Section 51 of the Criminal Law
Download27.10.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-606/2003 According to requirements of Section 304 of the Latvian Criminal Procedure Code, a court must substantiate both a conviction and an acquittal
Download21.10.2003. Decision of the Department of Criminal Cases, case No SKK-574/2003 An acquittal in the indictment under Section 298, Paragraph two of the Criminal Law is left unchanged, because the defendant is not found to have commited a criminal offence
Download21.10.2003. Decision of the Department of Criminal Cases, case No SKK-575/2003 Liability for evasion and failure to pay a part of the real estate tax on time within the meaning of Section 218 of the Criminal Law
Download21.10.2003. Decision of the Department of Criminal Cases, case No SKK-577/2003 According to Section 66 of the Latvian Criminal Procedure Code, in order to seize a car as an object used in the commission of a criminal offense, it does not necessarily have to be registered with the Road Traffic Safety Directorate in the name of the offender
Download07.10.2003. Decision of the Department of Criminal Cases, case No SKK-549/2003 A person who participates in a case, but does not know the language of the proceedings, must inform an investigating authority, a prosecutor, a judge or a court about this fact and request to be provided with an assistance of an interpreter
Download07.10.2003. Decision of the Department of Criminal Cases, case No SKK-571/2003 In accordance with Section14, Paragraph two, Clause 1 of the Latvian Criminal Procedure Code, in a district (city) court, a judge and two lay judges collegially examine criminal cases on charges of particularly serious crimes in a criminal case. If the court has examined the criminal case in an unlawful composition, the judgment shall be annulled in any case according to Section 451, Paragraph two, Clause 1 of the Latvian Criminal Procedure Code
Download07.10.2003. Decision of the Department of Criminal Cases, case No SKK-572/2003 A judgement of a court of first instance is annulled because the court did not comply with the provisions of Section 276.1, Paragraph one of the Latvian Criminal Procedure Code regarding the fact that it is allowed not to carry out the examination of evidence during judicial investigation in cases of criminal offences, less serious crimes and serious crimes
Download06.10.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-540/2003 According to Section 43, Paragraph one of the Criminal Law, only a citizen of another country or a person who has a permanent residence permit in another country can be deported from the Republic of Latvia
Download30.09.2003. Decision of the Department of Criminal Cases, case No SKK-434/2003 A decision of a court of appeal was annulled because the court did not comply with the provisions of Section 19 of the Latvian Criminal Procedure Code regarding a complete, comprehensive and objective investigation of the case
Download29.09.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-542/2003 An unappealed judgement of a first-instance court that has entered into force cannot be the basis for the re-examination of a case in accordance with the provisions of Chapter 32.A of the Latvian Criminal Procedure Code and if the basis for submitting an application specified in Section 393.3 of this Code is also missing
Download25.09.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-534/2003 In accordance with the provisions of Section 37 of the Convention on the Rights of the Child, imprisonment for minors has to be determined for the shortest possible period of time
Download24.09.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-474/2003 According to Section 52 of the Criminal Law, by aggregating penalties for several criminal offenses in one sentence or according to several sentences, one day of imprisonment corresponds to eight hours of forced labour. According to Section 40, Paragraph three of the Criminal Law, when forced labour is replaced by arrest, two working hours count as one day of arrest
Download24.09.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-557/2003 In accordance with the provisions of Section 51 of the Criminal Law, the court adds to the additional sentence determined in the new judgment, in whole or in part, the sentence that has not been served after the previous judgment, but not the entire additional sentence that was determined by the previous judgment
Download23.09.2003. Decision of the Department of Criminal Cases, case No SKK-403/2003 If, in case of arbitrary cutting of trees, the forest and its environment suffer material damage to a large extent (at least 50 minimum monthly wages), this is considered a significant damage
Download23.09.2003. Decision of the Department of Criminal Cases, case No SKK-J-460/2003 According to Section 40, Paragraph three of the Criminal Law, in regard to a person sentenced to forced labor, the court can replace the unserved sentence with arrest only if it is established that this person has maliciously avoided serving the sentence of forced labor
Download23.09.2003. Decision of the Department of Criminal Cases, case No SKK-527/2003 In cases that can be initiated only following a victim's complaint, the limitation period for criminal liability provided for in Section 56, Paragraph one of the Criminal Law shall be calculated from the day when the criminal offense was committed until the day when the complaint was submitted to the court
Download23.09.2003. Decision of the Department of Criminal Cases, case No SKK-532/2003 When examining a criminal case without an examination of evidence in accordance with Section 276.1 of the Latvian Criminal Procedure Code, parties must have their say in the debate. At the court session, parties may terminate the examination of the criminal case for the examination of evidence, indicating the reasons for which the examination of evidence is necessary
Download15.09.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-499/2003 In accordance with Sections 300 and 316 of the Latvian Criminal Procedure Code, a court must decide who is to be obliged to cover court costs. The court must also decide on the recovery of the advocate's salary expenses from a convicted person in favour of the state
Download15.09.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-529/2003 Re-examination of cases due to significant violations of substantive and procedural legal norms is allowed only in the cases specified by law and following the applications of an exhaustively defined circle of persons
Download09.09.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-510/2003 The concept of the validity of a court decision withing the meaning of Section 299 of the Latvian Criminal Procedure Code means the conformity of court findings and conclusions expressed in the decision with actual circumstances of the case
Download02.09.2003. Decision of the Department of Criminal Cases, case No SKK-384/2003 Indications in the cassation complaint that the conviction was based on assumptions were found to be groundless
Download02.09.2003. Decision of the Department of Criminal Cases, case No SKK-462/2003 There is no basis for establishing a violation of Section 294 of the Latvian Criminal Procedure Code if a court has given the defense counsel time to prepare for the debate following the prosecutor's speech and has not limited the duration of the speech
Download27.08.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-511/2003 By adopting opposing decisions on the same issue in accordance with Section 374 of the Latvian Criminal Procedure Code and substantiating it as the correction of an error, the court has not followed the law
Download26.08.2003. Decision of the Department of Criminal Cases, case No SKK-494/2003 In order to qualify the sowing or cultivation of plants containing narcotic substances according to Section 256, Paragraph two of the Criminal Law as being done in large areas, it is necessary to take into account the size of the area where plants containing narcotic substances are sown or grown, as well as the number of these plants and other circumstances of the specific case
Download26.08.2003. Decision of the Department of Criminal Cases, case No SKK-395/2003 The decision of the appellate court was annulled in the part regarding the penalty because the court decision did not substantiate why, when sentencing a person according to Section 260, Paragraph two of the Criminal Law, an additional penalty (deprivation of the right to drive a vehicle) was not applie
Download26.08.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-479/2003 Section 35 of the Latvian Criminal Code does not restrict courts from evaluating any crime, including one not provided for in Section 7.1 of the Criminal Code, taking into account degree of danger to public safety
Download19.08.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-492/2003 According to Section 47, Paragraph two of the Criminal Law, the court, when determining the penalty, can also take into account mitigating circumstances of the defendant not provided for in the law
Download05.08.2003. Decision of the Department of Criminal Cases, case No SKK-307/2003 A decision of a court of appeal was annulled because the court did not evaluate the sufficiency of the evidence for proving defendant's guilt
Download05.08.2003. Decision of the Department of Criminal Cases, case No SKK-422/2003 The fact that a person is considered unpunished cannot be recognized as a fact that positively characterizes the personality and thus provides a basis for the application of the provisions of Section 41 of the Latvian Criminal Code
Download05.08.2003. Decision of the Department of Criminal Cases, case No SKK-428/2003 A suspended prison sentence does not have to be served only in case no new criminal offense is committed during the probationary period
Download23.07.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-435/2003 If a security measure of detainment is not imposed upon the accused for a criminal offense committed during the probation period, he continues to serve an ancillary penalty until a new sentence is passed
Download09.07.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-404/2003 The repeated theft of property, belonging to different property owners, under different circumstances cannot be considered a continued theft
Download03.07.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-414/2003 Forced labor as a basic penalty, in accordance with Section 40, Paragraph three of the Criminal Law, can be replaced only by arrest. The court had illegally replaced forced labour with deprivation of liberty
Download20.06.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-366/2003 If both parents are alive, the minor litigant's grandmother, who has not been granted custody of her grandson, cannot be liable for material damages caused by her grandson's criminal activity
Download18.06.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-304/2003 The judgment of the court of appeal was annulled because the actions of defendants were unjustly qualified according to Section 231, Paragraph two of the Criminal Law
Download18.06.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-369/2003 The sentence imposed for intentional infliction of minor degree bodily harm, which did not cause a health disorder, was imposed conditionally, taking into account the defendant's poor state of health and disability
Download16.06.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-367/2003 The judgment was amended in the part on determining the final sentence, excluding the application of the provisions of Section 50, Paragraph five of the Criminal Law, because the court did not take into account that the previous conviction was appealed in the appeal procedure and did not come into legal force
Download11.06.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-357/2003 If a conviction of a court of first instance is annulled and a new conviction is rendered then the operative part of the new judgment must also specify the punishment for the convicted person. The wording that leaves the judgment of the court of first instance unchanged in the part regarding the punishment is not permissible
Download10.06.2003. Decision of the Department of Criminal Cases, case No SKK-312/2003 The appellate court, when mitigating the sentence of the first instance court for a particularly serious crime, did not sufficiently assess the nature of the committed crime and the damage caused, the aggravating circumstances and the personality of the perpetrator
Download10.06.2003. Decision of the Department of Criminal Cases, case No SKK-316/2003 If, when reclassifying the legal qualification of criminal acts, carried out by defendants, from Section 117, Clauses 4, 6 and 10 and Section 15, Paragraph four of the Criminal Law to Section 176, Paragraph two and Section 15, Paragraph four of the Criminal Law, no other actual circumstances of the commission of the offense have been established, except those was found by the court of first instance, the court of appeal has made contradictory and incomplete conclusions both regarding the legal qualification of the criminal acts and the nature of the damage caused to the victim
Download09.06.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-345/2003 A decision of a court of appeal was annulled because the court committed a violation of Sections 18 and 98 of the Latvian Criminal Procedure Code. The defendant, who does not know the language of the proceedings, was not provided with a defense counsel
Download03.06.2003. Decision of the Department of Criminal Cases, case No SKK-37/2003
Download02.06.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-336/2003 The victim's illness is clearly a justifying reason for her non-appearance at a court of appeal hearing. The decision of the court of appeal was annulled because the rights of a victim regulated in Section 100 of the Latvian Criminal Procedure Code were restricted
Download30.05.2003. Decision of the Department of Criminal Cases, case No SKK-302/2003 The reading of witness statements at a court hearing in accordance with Section 285 of the Latvian Criminal Procedure Code does not limit the parties to exercise their procedural rights in the adversarial form
Download27.05.2003. Decision of the Department of Criminal Cases, case No SKK-304/2003 Beating wrongly recognized as hooliganism, caused by personal relationships and not related to gross breach of public peace by the perpetrator, as well as to showing obvious disrespect to the public
Download23.05.2003. Decision of assignment sitting of the Department of Criminal Cases of the Senate, case No SKK-328/2003 Civil claim is to be decided pursuant to conditions of the Section 307 of the CPC
Download20.05.2003. Decision of the Department of Criminal Cases, case No SKK-269/2003 Within the meaning of Section 185 of the Criminal Law, the defendant was rightly convicted of intentionally damaging someone else's property
Download13.05.2003. Decision of the Department of Criminal Cases, case No SKK-252/2003 A decision of a court of appeal was left unchanged, because the court correctly recognized that a defendant, being a public official, abusing his official position, committed intentional actions for greedy purposes, causing significant damage to the state
Download09.05.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-299/2003 The basis for referring a criminal case for pre-trial investigation is not only its incompleteness, but also the failure to respect the accused's right to a mandatory defense
Download06.05.2003. Decision of the Department of Criminal Cases, case No SKK-238/2003 The judgment was annulled in the part concerning the determination of the final sentence, as the court unduly recognized the not-yet-expunged criminal record as expunged, and also did not substantiate conditional sentencing in accordance with the requirements of Section 55, Paragraph one of the Criminal Law
Download06.05.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-293/2003 The prosecutor's protest, which was submitted in accordance with Chapter 32.A of the Latvian Criminal Procedure Code, was satisfied due to the fact that the court did not comply with the conditions of Section 51, Paragraph one of the Criminal Law when determining the additional penalty (deprivation of the right to drive vehicles)
Download05.05.2003. Decision of assignment sitting of the Department of Criminal Cases of the Senate, case No SKK-288/2003 On release of an individual from punishment, observing principles of fairness and humanism
Download29.04.2003. Decision of the Department of Criminal Cases, case No SKK-141/2003 According to provisions of Chapter 37 of the Latvian Criminal Procedure Code, the assessment or reassessment of evidence does not fall within the competence of the court of cassation, therefore victims and witnesses cannot be invited to the court of cassation and questioned
Download29.04.2003. Decision of the Department of Criminal Cases, case No SKK-218/2003 The court of appeal’s acquittal was annulled because the court did not comply with the provisions of Section 19 of the Latvian Criminal Procedure Code regarding a complete, comprehensive and objective investigation of the case
Download29.04.2003. Decision of the Department of Criminal Cases, case No SKK-222/2003 The fact that a criminal case has been initiated cannot be an obstacle to taking the measures provided for in the Operational Activities Law in relation to persons who are not suspects or accused in this criminal case
Download28.04.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-197/2003 A court cannot oblige a conditionally convicted person to settle a victim's civil claim satisfied by a judgment within a certain period of time. The judgment of the court in the part on the civil claim is enforceable, observing the conditions of Section 360, Paragraph six of the Latvian Criminal Procedure Code
Download23.04.2003. Decision of the Department of Criminal Cases, case No SKK-184/2003 A decision of a court of appeal was left unchanged, because there was no violation of Section 130.1 of the Latvian Criminal Procedure Code during the pre-trial investigation, and there was no violation of Section 285 of the Latvian Criminal Procedure Code by the court of appeal
Download15.04.2003. Decision of the Department of Criminal Cases, case No SKK-196/2003 Deliberate damage to property as a revenge has not been recognized by the court as hooliganism
Download15.04.2003. Decision of the Department of Criminal Cases, case No SKK-204/2003 An acquittal rendered by a court of appeal was annulled because the court did not assess all the circumstances of the case, which are of fundamental importance for the correct adjudication of the case
Download14.04.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-237/2003 A decision of a court of appeal was annulled because, contrary to provisions of Section 299 of the Latvian Criminal Procedure Code, the court based its decision on evidence that was not examined at the court hearing
Download09.04.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-219/2003 The expungement of a criminal record excludes the incrimination of a criminal offense according to qualifying features
Download08.04.2003. Decision of the Department of Criminal Cases, case No SKK-179/2003 According to requirements of Section 255, Paragraph two of the Latvian Criminal Procedure Code, amendment of an accusation is allowed in court, if it does not worsen the situation of a defendant and does not violate the right to defense
Download08.04.2003. Decision of the Department of Criminal Cases, case No SKK-183/2003 A reference to a testimony of a witness as evidence is excluded from the reasoning part of a decision of a court of appeal, because the testimony was read without the legal basis for reading the testimony of the witness in accordance with Section 285 of the Latvian Criminal Procedure Code
Download08.04.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-192/2003 If the decision to prosecute a person has been canceled, the limitation period shall be calculated from the day the criminal offense was committed until a new final charge for the same offense is brought
Download08.04.2003. Decision of the Department of Criminal Cases, case No SKK-198/2003 The objections expressed in the appeal regarding the violation of Section 451, Paragraph two, Clause 7 of the Latvian Criminal Procedure Code (the last word has not been given) are recognized as unfounded
Download08.04.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-221/2003 Only a citizen of another country or a person who has a permanent residence permit in another country can be deported from the Republic of Latvia
Download02.04.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-215/2003 A decision of a court of appeal was canceled because the court did not find out the circumstances that were of significant importance in deciding the case, thus a violation of Sections 19, 19.1, 446 of the Latvian Criminal Procedure Code was committed
Download01.04.2003. Decision of the Department of Criminal Cases, case No SKK-176/2003 Asking for narcotic substances is not an insitagtion to sale narcotic substances
Download01.04.2003. Decision of the Department of Criminal Cases, case No SKK-185/2003 A conversation recorded on a dictaphone between a bribe giver and a recipient at the time of giving the bribe is not considered a criminal procedure activity to which the requirements of Section 176.1 of the Latvian Criminal Procedure Code apply
Download01.04.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-209/2003 If, in cases of evasion of alimony payment, debt recovery is carried out by a judgment in a civil case, then a civil claim filed on the same basis in a criminal case does not have to be satisfied
Download27.03.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-193/2003 Following the general principles of sentencing, the final sentence determined by the aggregation of crimes is mitigated
Download25.03.2003. Decision of the Department of Criminal Cases, case No SKK-160/2003 A decision of a court of appeal was left unchanged, because the court correctly qualified the criminal offense according to Section 253, Paragraph four of the Criminal Law, observing the requirements of Section 10 of the law On the Procedures for the Coming into Force and Application of the Criminal Law
Download25.03.2003. Decision of the Department of Criminal Cases, case No SKK-163/2003 According to Section 19.1 of the Latvian Criminal Procedure Code, the burden of proving the presumption of innocence lies with the accuser. The law has unequivocally exempted the accused from the burden of proof
Download25.03.2003. Decision of the Department of Criminal Cases, case No SKK-167/2003 A pledgee's obligation to compensate a debtor for the damages provided for in the Civil Law does not exempt him from criminal liability when he is found to have committed a criminal offense
Download25.03.2003. Decision of the Department of Criminal Cases, case No SKK-170/2003 A specialist's reference on the circumstances of a car accident is not the same evidence as an expert's opinion established by the decision of the conductor of proceedings
Download20.03.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-182/2003 A court, when recognizing the right of a victim to receive satisfaction of a claim in civil proceedings, in accordance with the meaning of Section 307, Paragraph two of the Latvian Criminal Procedure Code, must itself refer the issue of the claim amount to be examined in civil proceedings
Download18.03.2003. Decision of the Department of Criminal Cases, case No SKK-137/2003 If a defendant, having gotten acquainted with the minutes of a court session, has not taken notes of the minutes, there is no reason to recognize a violation of Sections 87 and 88 of the Latvian Criminal Procedure Code
Download17.03.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-172/2003 Obligations imposed on a person sentenced to probation does not constitute an additional penalty
Download11.03.2003. Decision of the Department of Criminal Cases, case No SKK-119/2003 Section 214 of the Criminal Law provides for a formal continuing criminal offense
Download11.03.2003. Decision of the Department of Criminal Cases, case No SKK-108/2003 There is no reason to believe that the right to defense has been violated if a defendant stated in a court of first instance that he wished to defend himself, but in the court of appeal he was assisted by a sworn advocate
Download11.03.2003. Decision of the Department of Criminal Cases, case No SKK-156/2003 Revoked decision on groundless amendments to security measure and suspension of legal proceedings
Download11.03.2003. Decision of the Department of Criminal Cases, case No SKK-97/2003 Only one person has the right to speak in court debates: a defendant or his/her defence counsel
Download05.03.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-148/2003 If the convicted person commits a new criminal offense after passing the judgement, but before serving the sentence in full, the court adds to the sentence determined in the new judgement, in whole or in part, the sentence that was not served after the previous judgement
Download04.03.2003. Decision of the Department of Criminal Cases, case No SKK-103/2003 The threat to other interests and rights protected by the law specified in Section 23, Paragraph one of the law On the Procedures for the Coming into Force and Application of the Criminal Law can be inflicted both on a person who has suffered material damage as a result of a criminal offense and also on another person who has not suffered material damage
Download04.03.2003. Decision of the Department of Criminal Cases, case No SKK-96/2003 If a court recognizes the criminal offense as continued, the criminal offense is qualified as a large scale offense, summing up values of items stolen in several thefts
Download28.02.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-128/2003 An additional penalty (police control) cannot be applied if a suspended sentence is imposed
Download21.02.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-115/2003 The application of the security measure – detention; the extension of its application period is provided for in two court instances
Download18.02.2003. Decision of the Department of Criminal Cases, case No SKK-86/2003 An acquittal under Section 180 of the Criminal Law was canceled because the court unjustifiably recognized that the theft was not completed
Download14.02.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-98/2003 A decision of a court of appeal was amended in the part of classification of offenses involving narcotic substances in accordance with the amendments to the Criminal Law that entered into force on November 20, 2002
Download06.02.2003. Decision of the Department of Criminal Cases, case No SKK-7/2003 Violations of human rights or procedural law norms have not been found, but the reassessment of evidence does not lie within the competence of the court of cassation
Download05.02.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-80/2003 According to the meaning of the disposition of Section 185, Paragraph one of the Criminal Law, each defendant must answer only for those actions that he has committed. The provision of the mentioned Section does not provide for such a qualifying feature as intentional destruction and damage of property in a group of persons
Download04.02.2003. Decision of the Department of Criminal Cases, case No SKK-J-17/2003 When determining the final sentence in accordance with Section 51 of the Criminal Law, it is not the sentence imposed after the previous sentence that shall be added to the final sentence, but rather the unserved part of it
Download04.02.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-46/2003 In case of limited accountability, a court must also decide an issue of whether coercive measures of a medical nature should be applied
Download04.02.2003. Decision of the Department of Criminal Cases, case No SKK-67/2003 Provisions of Section 31, Paragraph four of the Criminal Law are applicable only if there is a legal basis for detaining a person and during the detention the person to be detained is harmed due to negligence
Download04.02.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-75/2003 A judgment of a court of appeal was amended, excluding the confiscation of a car – the instrument of the crime
Download29.01.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-62/2003 The decision of the appellate court was amended – the defendant's sentence was reduced due to the fact that data that positively characterize the personality of the defendant were not taken into account when determining the sentence
Download28.01.2003. Decision of the Department of Criminal Cases, case No SKK-35/2003 The obligation imposed by the court provided for in Section 55, Paragraph six, Clause 1 of the Criminal Law must be realistically enforceable
Download28.01.2003. Decision of the Department of Criminal Cases, case No SKK-41/2003 No violation of Section 255 of the Latvian Criminal Procedure Code was found
Download21.01.2003. Decision of the Department of Criminal Cases, case No SKK-J-5/2003 The court's judgement was annulled because the court examined the case in the absence of the defendant, disregarding the requirements of Section 247 of the Latvian Criminal Procedure Code
Download21.01.2003. Decision of the Department of Criminal Cases, case No SKK-6/2003 When rendering an acquittal, the court must state in the judgment the justification for the acquittal and the reasons why the court rejects the evidence used to support the accusation
Download20.01.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-50/2003 A criminal offense was reclassified from Section 253, Paragraph four of the Criminal Law to Section 253, Paragraph two of the Criminal Law, because the new edition of the Criminal Law does not include the qualifying feature – “particularly dangerous” narcotic substance
Download16.01.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-39/2003 A decision of a court of appeal was amended in the part of classification of offenses involving narcotic substances in accordance with the amendments to the Criminal Law that entered into force on November 20, 2002
Download15.01.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-44/2003 The judgement was annulled because the case was considered in the absence of the defendant, but his participation in the proceedings is mandatory in accordance with the provisions of Section 247 of the Latvian Criminal Procedure Code
Download14.01.2003. Decision of the Department of Criminal Cases, case No SKK-12/2003 Provisions of Sections 253 and 253.1 of the Criminal Law (in the wording of the law of October 17, 2002) do not provide for such a qualifying feature as the unauthorized manufacture, purchase, storage, transportation or transfer of particularly dangerous narcotic and psychotropic substances, as well as the unauthorized sale of such substances
Download14.01.2003. Decision of the Department of Criminal Cases, case No SKK-8/2003 A judgment of a court of appeal was annulled because the court unjustifiably terminated the criminal case against the accused in accordance with Section 17, Paragraphs three, four, and six, and with Section 184.1, Paragraph two of the Latvian Criminal Code. The court's conclusion that Section 270 of the Criminal Law does not contain the characteristics of the criminal offense specified in Section 184.1 of the Latvian Criminal Code is incorrect
Download13.01.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-38/2003 According to Chapter 32A of the Latvian Criminal Procedure Code, judgments and decisions that have entered into force can be re-examined if they have not been examined under the cassation procedure due to significant violations of substantive and procedural norms
Download10.01.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-31/2003 Court costs are charged from the state's account if a defendant is acquitted, if a criminal case is terminated, as well as in case of insolvency of a person from whom the costs are to be recovered
Download07.01.2003. Decision of the Department of Criminal Cases, case No SKK-10/2003 If there is a basis for closing a case as specified in Section 58 and Section 59, Paragraph three of the Criminal Law, the court should consider this option, because the law does not provide that the closure of the case is mandatory
Download07.01.2003. Decision of the Department of Criminal Cases, case No SKK-3/2003 The cassation complaint in the part regarding violations indicated in Section 451, Paragraph two of the Latvian Criminal Procedure Code was refused, because the court did not commit the said violations of the criminal procedure
Download06.01.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-J-23/2003 An additional penalty (police control) cannot be applied when imposing a suspended sentence
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