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Chapter 2. Basic Principles of Criminal Proceedings (Sections 6-25)

30.04.2021. Decision of the Department of Criminal Cases, case No SKK-J-263/2021 Right of the court to correct the punishment stipulated in the agreement protocol when applying Section 51 of the Criminal Law

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10.02.2021. Decision of the Department of Criminal Cases, case No SKK-92/2021 Assessment of the admissibility of a secretly recorded conversation made by the police officer in connection with a person's right not to testify and not to provide self-incriminating (accusing) information

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13.05.2021. Decision of the Department of Criminal Cases, case No SKK-89/2021 Use of indirect evidence in proving

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28.01.2021. Decision of the Department of Criminal Cases, case No SKK-2/2021 Assessment of the principle of inadmissibility of double jeopardy (ne bis in idem)

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02.02.2021. Decision of the Department of Criminal Cases, case No SKK-1/2021 Assessment of the content of a disposition of the criminal offence provided for in Section 219 of the Criminal Law; Obligation of a court in criminal proceedings regarding a criminal violation to assess the admissibility of the use of information obtained in a measure of operational activity

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2021. Decision of the Department of Criminal Cases, case No SKK-[H]/2021 Trial of a criminal case in the appellate instance court in written procedure during the emergency situation and ensuring of the right to a fair trial; Admissibility of the testimonies if the minor victim has been interrogated in violation of the provisions of Paragraph 4 of Section 152 of the Criminal Procedure Law

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17.12.2020. Decision of the Department of Criminal Cases, case No SKK-489/2020 Inappropriate notification to the accused of the time and place of the court hearing in a criminal case submitted in accordance with the settlement procedure as a substantial violation within a meaning of Paragraph three of Section 575 of the Criminal Procedure Law

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03.11.2020. Decision of the Department of Criminal Cases, case No SKK-466/2020 Ensuring of the right of an accused to state guaranteed-defense in the appellate instance court

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14.05.2020. Decision of the Department of Criminal Cases, case No SKK-256/2020 Application of the presumption of innocence in the assessment of evidence; Assessment of the reliability of evidence

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30.10.2020. Krimināllietu departamenta lēmums lietā Nr. SKK-59/2020 Right to submit a cassation complaint in the interests of the owner of property infringed during criminal proceeding; The right to be heard applied to the owner of the property infringed during criminal proceeding; More beneficial law within a meaning of Paragraph two of Section 5 of the Criminal Law; Assessment of the effect of a procedural error to the legality of court ruling; Right to the examination of a matter in objective court; The effect to presumption of innocence of public statements of the prosecutor and judge

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30.10.2020. Krimināllietu departamenta lēmums lietā Nr. SKK-59/2020 Right to submit a cassation complaint in the interests of the owner of property infringed during criminal proceeding; The right to be heard applied to the owner of the property infringed during criminal proceeding; More beneficial law within a meaning of Paragraph two of Section 5 of the Criminal Law; Assessment of the effect of a procedural error to the legality of court ruling; Right to the examination of a matter in objective court; The effect to presumption of innocence of public statements of the prosecutor and judge

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17.06.2020. Decision of the Department of Criminal Cases, case No SKK-38/2020 Liability provided for in Paragraph one of Section 185 of the Criminal Law for intentionaly destruction of and damage to property and determination of the value of the object of these criminal offences; Separation of procedural functions

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14.02.2020. Decision of the Department of Criminal Cases, case No SKK-33/2020 Threatening to disclose defamatory information concerning the victim or relatives of the victim within a meaning of the Section 183 of the Criminal Law; Duty of the court to assess the arguments of the defence about possible police incitement

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26.02.2020. Decision of the Department of Criminal Cases, case No SKK-29/2020 Duty of the court to examine and decide the amended accusation which is maintained in the court

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12.06.2020. Decision of the Department of Criminal Cases, case No SKK-23/2020 Language to be used in the criminal proceedings

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30.09.2019. Decision of the Department of Criminal Cases, case No SKK-600/2019 Assessment of ensuring the right to defence

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31.10.2019. Decision of the Department of Criminal Cases, case No SKK-266/2019 Unjustified trial of a criminal case without the participation of the accused

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31.01.2019. Decision of the Department of Criminal Cases, case No SKK-28/2019 Objections of the defense counsel against examination of the case in a written procedure in the appellate instance court

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2019. Decision of the Department of Criminal Cases, case No SKK-[C]/2019 Compensatory mechanism for violation of the rights to the trial within reasonable time

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2019. Decision of the Department of Criminal Cases, case No SKK-[A]/2019 Assessment of the right to the trial within a reasonable time and compensatory mechanism in case of violation of this right

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06.11.2018. Decision of the Department of Criminal Cases, case No SKK-643/2018 Not admission of guilt and not using of the right to cooperation shall not be the grounds to impose more severe punishment

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29.11.2018. Decision of the Department of Criminal Cases, case No SKK-J-625/2018 Duty of the court to clarify the reason of the refusal of an accused from the defence counsel

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04.10.2018. Decision of the Department of Criminal Cases, case No SKK-540/2018 The requirements for assessment of evidence

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04.09.2018. Decision of the Department of Criminal Cases, case No SKK-337/2018 Trial within a reasonable time

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11.09.2018. Decision of the Department of Criminal Cases, case No SKK-255/2018 Guaranteeing of human rights in imposition of punishment of deprivation of liberty to the person with disabilities

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25.04.2018. Decision of the Department of Criminal Cases, case No SKK-168/2018 Admissibility of a new cassation complaint

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06.02.2018. Decision of the Department of Criminal Cases, case No SKK-47/2018 Criminal proceedings lasting several years, in itself, shall not be grounds to recognise that there have been unreasonable delay and therefore violation of the right to the trial within a reasonable time

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21.09.2017. Decision of the Department of Criminal Cases, case No SKK-343/2017 Use as evidence of testimony of a witness who is not present at the court session

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09.12.2016. Decision of the Department of Criminal Cases, case No. SKK-556/2016 Violation of the right to the adjudication of a matter in a fair court in the last word of the accused

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28.06.2016. Decision of the Department of Criminal Cases, case No. SKK-348/2016 Testimony admissibility conditions; observance of the right to defence in using testimonies as evidence

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20.04.2016. Decision of the Department of Criminal Cases, case No. SKK-260/2016 Conditions for recovery of payment for defender’s work before the appellate court in favor of the state

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09.02.2016. Decision of the Department of Criminal Cases, case No SKK-92/2016 The court, when assessing allegations of the accused regarding violent acquisition of evidence in pre-trial proceedings, must evaluate whether the prohibition for torture and inhuman treating was breached

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04.02.2016. Decision of the Department of Criminal Cases, case No SKK-53/2016 Circumstances, which have been assessed, when deciding whether the incitement to commit the crime occurred

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15.10.2015. Decision of the Department of Criminal Cases, case No. SKK-J-572/2015 Right to fair trial and clarification of reasons of refusal of an accused from the defence counsel

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28.12.2015. Decision of the Department of Criminal Cases, case No. SKK-549/2015 Inadmissibility of evidence, if information on facts is obtained by violation of fundamental principles of criminal procedure

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23.07.2015. Decision of the Department of Criminal Cases, case No. SKK-345/2015 Violation of secret of deliberation room of the court

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02.12.2014. Decision of the Department of Criminal Cases, case No SKK-802/2014 Possibility of limitation of human rights; information on facts, which is obtained by violating fundamental principles of criminal procedure, must be recognised as inadmissible and not to be used in proving

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16.12.2014. Decision of the Department of Criminal Cases, case No SKK-582/2014 Violation of Article 6 §3 (d) of the European Convention for Protection of Human Rights and Fundamental Freedoms  

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28.08.2014. Decision of the Department of Criminal Cases, case No SKK-557/2014 Fundamental principle of criminal procedure – prohibition of torture and humiliation

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09.05.2014. Decision of the Department of Criminal Cases, case No SKK-271/2014 Violation of the right of the accused to defence

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20.03.2014. Decision of the Department of Criminal Cases, case No SKK-110/2014 Right to defence and refusal from the defence counsel

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07.04.2014. Decision of the Department of Criminal Cases, case No SKK-78/2014 Fundamental principles of human rights guarantee and right to fair trial as condition for admissibility of evidences

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16.12.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-758/2013 Right of an accused to defence, if the criminal case has been reviewed in the appellate instance court in written proceedings

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16.12.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-628/2013 Request of an accused to provide counsel defence in the appellate instance court, if the case has been reviewed in written proceedings

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19.09.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-449/2013 Violation of the right of the accused to the fair trial

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18.12.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-381/2013 Taking administrative punishment into account, when determining punishment in criminal case

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11.11.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-375/2013 Assessment of admissibility of information obtained in result of operational activity in criminal proceedings on criminal misdemeanour

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11.11.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-289/2013 Assessment of admissibility of information obtained in result of operational activity

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18.06.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-208/2013 Violation of right to fair trial

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14.05.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-39/2013 Right of a court to re-qualify criminal actions incriminated or to admit actual circumstances of a crime, which are different from accusation, as proved

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06.02.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-30/2013 Translation of an appellate protest

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05.11.2012. Decision of the Department of Criminal Cases of the Senate, case No SKK-642/2012 Obligation of the appellate instance court to call for a defence counsel to an accused to implement defence guaranteed by the State

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16.10.2012. Decision of the Department of Criminal Cases of the Senate, case No SKK-546/2012 Elimination of criminal procedure, if right of an accused to well timed review of a case is violated 

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20.09.2012. Decision of the Department of Criminal Cases of the Senate, case No SKK-443/2012 Right to invite defence counsel chosen by the accused him/herself

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07.03.2012. Decision of the Department of Criminal Cases of the Senate, case No SKK-68/2012 Equivalence of procedural authorities

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04.06.2012. Decision of the Department of Criminal Cases of the Senate, case No SKK-8/2012 Section 405 of the Criminal Procedure Law indicating requirements for content of a charge, should be reviewed in connection with the Paragraph One Section 20 of the Criminal Procedure Law

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11.11.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-480/2011 Inadmissibility to substantiate of a court judgement with evidences included in another criminal proceedings

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23.08.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-J-414/2011 Determination of punishment for an offence committed

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09.06.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-198/2011 Substantiation of court conclusions with evidences, which are not verified in accordance with the law 

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12.05.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-160/2011 Obligation of a court to decide, if a dead accused person in a concrete case has or has not committed an offence

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29.03.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-147/2011 Right of a court to receive evidences by its own initiative

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25.01.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-15/2011 Right of a court to alter charges brought, observing fundamental principles of criminal procedure 

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25.01.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-9/2011 Right of an accused to defence

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28.10.2010. Decision of the Department of Criminal Cases of the Senate, case No SKK-532/2010 Initiation of a criminal procedure for the offence stipulated in the Paragraph One Section 260 of the Criminal Law

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05.11.2010. Decision of the Department of Criminal Cases of the Senate, case No SKK-508/2010 Compensation of harm, set by a court, is not considered to be punishment in understanding of the Section 35 of the Criminal Law or double jeopardy in understanding of the Section 25 of the Criminal Procedure Law

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16.12.2010. Decision of the Department of Criminal Cases of the Senate, case No SKK-66/2010 Translation of a document into language understandable to a person

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08.06.2010. Decision of the Department of Criminal Cases of the Senate, case No SKK-20/2010 Initiation of criminal procedure in case about private public accusation

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19.01.2010. Decision of the Department of Criminal Cases of the Senate, case No SKK-1/2010 Obligation of a court of the first instance to decide, if an accused, who died during period of adjudication of a case, has or has not committed an offence

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13.01.2009. Decision of the Department of Criminal Cases of the Senate, case No SKK-23/2009 Right to compensation for harm caused

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30.01.2009. Decision of the Department of Criminal Cases of the Senate, case No SKK-8/2009 Violation of rights of an accused guaranteed in the Section 20 of the Criminal Law

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02.12.2008. Decision of the Department of Criminal Cases of the Senate, case No SKK-632/2008 Right of an accused to defence

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03.09.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-501/2007 The role of the court in determining the punishment

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27.07.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-442/2007 Violation of the rights of the defence

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31.07.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-395/2007 Examination of evidence by the court of appeal

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23.03.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-J-157/2007 Application of criminal punishment to individual, who was punished disciplinary

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11.01.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-15/2007 Termination of criminal proceedings within reasonable time

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17.05.2006. Decision of the Department of Criminal Cases of the Senate, case No SKK-296/2006 Victims' right to compensation for damage caused

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