The Senate Department of Criminal Cases has compiled case-law, conclusions and findings in criminal cases concerning the unlawful crossing of the state border, the unlawful movement of persons across the state border and the facilitation of unlawful residence in Latvia. The compilation analyses the rulings of the Senate and regional courts in cases reviewed between 2020 and 2025.

The aim is to promote a consistent approach to the interpretation of these types of criminal offences and application of law in respect to them and to provide courts and other legal practitioners with an overview of key issues that have been relevant in case-law, when applying Sections 284, 285 and 2851 of the Criminal Law.

The compilation explains the differing meanings of the term ‘state border’ as referred to in the sections of the Criminal Law relating to the unlawful crossing of the state border and the unlawful movement of persons across the state border.

One of the conclusions demonstrates the need to distinguish between different types of criminal offences. When distinguishing between the unlawful movement of persons across the state border and the facilitation of a person’s unlawful stay in Latvia, it is necessary in each case to assess what actions the person has taken, as well as their purpose and the circumstances involved.

The compilation also explains how to distinguish between the issue of preparing to cross a national border and that of attempting to do so.

Issues relating to the imposition of punishment have also been examined. In the mentioned types of cases, the most commonly imposed principal punishment is imprisonment, whilst additional punishments applied include, for example, expulsion from Latvia with a ban on re-entry for a specified period, and restrictions on rights.

The Senate has also addressed the issue of confiscation of items used in the commission of a criminal offence. It has been recognised that the court must assess proportionality and fairness in each specific case, including in instances where the item to be confiscated does not belong to the accused.

The findings presented in this compilation are intended to promote greater consistency in judicial practice and foster a clearer understanding of the application of criminal liability in cases involving illegal border crossings and violations of migration regulations.

 

Information prepared by

Rasma Zvejniece, Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211