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Chapter Thirty-six. Review of a judgment under appeal procedure

25.01.2005. Decision of the Department of Criminal Cases of the Senate, case No SKK-25/2005 Regime of serving of sentence may be enforced without protest of  prosecutor, as it is not regulated by the Criminal Law

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07.09.2004. Decision of the Department of Criminal Cases of the Senate, case No SKK-483/2004 Decision of the appellate instance court is quashed, as the court hasn’t examined and assessed all motives mentioned in a complaint

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29.09.1998. Decision of the Department of Criminal Cases, case No SKK-306/1998 After hearing the appeal, the court unjustifiably referred the case for further investigation to determine the circumstances that aggravate the offender's criminal liability

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08.09.1998. Decision of the Department of Criminal Cases, case No SKK-267/1998 The appellate court, when reviewing the correctness of the first instance judgment, must independently examine, evaluate and conclude on the evidence

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09.06.1998. Decision of the Department of Criminal Cases, case No SKK- 206/1998 The offense provided for in Article 139 (3) of the Latvian Criminal Code has been completed despite the fact that one of the perpetrators escaped from the crime scene after part of the robbery was discovered and two other members of the crime were detained by the police during the escape. In the context of an appeal on a defendant's appeal, no more severe penalty may be imposed on the defendant

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09.06.1998. Decision of the Department of Criminal Cases, case No SKK- 1993/1998 The defendant's appeal in cassation has been dismissed because the evidence at the time of the judgment was assessed in accordance with the requirements of the Code of Criminal Procedure and the part of the article of the Criminal Code which should have been applied was classified as his offense.

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28.04.1998. Decision of the Department of Criminal Cases, case No SKK-144/1998 The judgment of the court of appeal shall be drawn up in accordance with the requirements of the Criminal Procedure Law regarding the preparation of the judgment in the court of first instance

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19.02.1998. Decision of the Department of Criminal Cases, case No SKK-59/1998 The examination of the evidence by the appellate court

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10.02.1998. Decision of the Department of Criminal Cases, case No SKK-20/1998 On determination of inpatient forensic psychological psychiatric examination in the court of appeal

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20.01.1998. Decision of the Department of Criminal Cases, case No SKK-9/1998 In order to decide on a request for a forensic psychiatric examination, documents relating to the defendant's mental health status must be requested from the medical institution where the defendant was treated

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13.01.1998. Decision of the Department of Criminal Cases, case No SKK- 2/1998 The fact that two judges of the Civil Court Chamber of the District Court and one judge of the Criminal Court Chamber took part in the hearing of the appeal is not a violation of the Criminal Procedure Law

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13.01.1998. Decision of the Department of Criminal Cases, case No SKK- 1/1998 The judgment was set aside because it did not meet the requirements of the Criminal Procedure Law

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18.12.1997. Decision of the Department of Criminal Cases, case No SKK-357/1997 The judgment was annulled because the appellate court did not comply with the requirements of Section 440 of the Latvian Code of Criminal Procedure, which stipulates that a case shall be heard in an appellate court in accordance with the procedure of a first instance court, except for provided for in Chapter 36 of the Latvian Code of Criminal Procedure. The judgment of the appellate court must also comply with the requirements of Section 313 of the Latvian Code of Criminal Procedure

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06.11.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-322/1997 Adjudication of a case on the merits before the appellate court for both factual and legal reasons

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03.11.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-318/1997 Summoning and interrogating witnesses in the appellate court

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29.09.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-287/1997 The appellate court was right not to summon witnesses heard at the court of first instance, given that the defendant did not challenge the accuracy and completeness of the minutes of the hearing, including the records of the testimony given by the witnesses

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04.08.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-221/1997 An appellate court, by reinforcing the regime of serving a sentence for a convict, has not violated the provisions of Section 446 of the Latvian Code of Criminal Procedure

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11.08.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-215/1997 Imposition of a more severe penalty on the defendant is permissible only in cases where a protest of a prosecutor or a complaint of a victim is submitted for this reason. The prohibition on increasing the penalty in the case of defendants' complaints applies to both appeal and cassation proceedings

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19.06.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-208/1997 The appeal shall be examined in the amount of the claims expressed therein in accordance with the provisions of Section 446 of the Latvian Code of Criminal Procedure

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26.06.1997. Decision of the Department of Criminal Cases, case No SKK-199/1997 The motives of the defendant indicated in the cassation appeal regarding the restriction of his procedural rights were held to be unfounded

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13.05.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-160/1997 When adjudicating a case in an appellate court, defendants whose interests are affected by the submitted appeal or protest shall be summoned to a hearing

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12.05.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-153/1997 The court has jurisdiction to decide on the requests submitted by the parties at the court hearing

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24.05.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-151/1997 The appellate court unreasonably left the cassation appeal without examination, in fact assuming the functions of the cassation court

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08.04.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-125/1997 The request in the cassation appeal and protest to reevaluate the factual circumstances of the commission of the recognized criminal activity is the motive of the appeal and shall be examined in the appeal procedure

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18.02.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-67/1997 It is not considered a significant violation of the Criminal Procedure Law to hear a case in an appellate court without the presence of victims and witnesses, if the defendant has agreed to it

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18.02.1997. Decision of the Department of Criminal Cases, case No SKK-32/1997 The judgment of the court of appeal shall be drawn up in accordance with the requirements of the Criminal Procedure Law regarding the drawing up of a judgment in the court of first instance

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13.01.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-18/1997 The court may examine the testimony given by victims and witnesses during the pre-trial investigation if the circumstances specified in Section 285 of the Latvian Code of Criminal Procedure exist. These circumstances also apply to the proceedings before the appellate court

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03.01.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-11/1997 In drawing up a new judgment and commuting the sentence imposed on the defendants, the appellate court correctly took into account the fact that both, having previously been convicted and repeatedly committed a serious crime, made a candid cofession, regretted their conduct and with this attitude they helped to clarify the truth in the case

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03.12.1996. Decision of the Department of Criminal Cases, case No SKK-279/1996 On examination of the evidence by the appellate court

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17.12.1996. Decision of the Department of Criminal Cases, case No SKK-270/1996 Renewal of the time-limit for lodging an appeal

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08.11.1996. Decision of the Department of Criminal Cases, case No SKK-249/1996 On summoning of witnesses before the appellate court

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04.09.1996. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-237/1996 On the limits of the proceedings before the appellate court

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30.08.1996. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-224/1996 On the right of an appellate court to summon a victim and a witness to a hearing

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30.07.1996. Decision of the Department of Criminal Cases, case No SKK-185/1996 On the limits of the proceedings before the appellate court

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09.07.1996. Decision of the Department of Criminal Cases, case No SKK-171/1996 On the lawful decision of the appellate court which has referred the case for supplementary investigation

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22.07.1996. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-158/1996 On the right to refer the case for supplementary investigation

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11.06.1996. Decision of the Department of Criminal Cases, case No SKK-112/1996 On the application of the provisions of Section 442 of the Latvian Criminal Procedure Code by the appellate court

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21.05.1996. Decision of the Department of Criminal Cases, case No SKK-92/1996 On the interrogation of witnesses at the hearing of the appellate instance court

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10.04.1996. Decision of the Department of Criminal Cases, case No SKK-69/1996 On the delivery of the judgment of the court of appeal

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27.03.1996. Decision of the Department of Criminal Cases, case No SKK-59/1996 By rejecting the defendant's request to summon and hear witnesses who were not questioned by the court of first instance, the appellate court had significantly restricted defendant’s rights

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27.03.1996. Decision of the Department of Criminal Cases, case No SKK-38/1996 On compliance with the norms of criminal procedure when examining evidence by the appellate court

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