1 - My rights during the investigation

A. If I am a foreign national, will this affect the investigation?

No, the investigation of criminal proceedings within Latvia's jurisdiction is not affected by the victim's place of residence or citizenship.

B. What are the stages of an investigation?

The purpose of pre-trial criminal proceedings is to establish:

• whether a criminal offence has been committed;
• which individuals should be held criminally liable;
• whether there are grounds for terminating, concluding or forwarding the criminal proceedings to court.

There are two stages in pre-trial criminal proceedings — investigation and prosecution.

The investigation is conducted by various police authorities, including the State Police, the State Security Service, the Military Police, the Prison Administration, the Corruption Prevention and Combating Bureau, the State Border Guard, the Internal Security Department of the State Revenue Service and the Tax and Customs Police, captains of ocean-going vessels, commanders of Latvia's National Armed Forces units abroad and the Internal Security Bureau. The criminal offence in question is investigated by the authority competent to do so. The investigation may also be conducted by the Prosecution Office of the Republic of Latvia.

Criminal prosecutions are conducted by the Prosecution Offices.

The purpose of criminal prosecution is to confirm that a criminal offence has been committed, reach a decision on whether criminal proceedings should be brought against an individual, decide whether to terminate or conclude criminal proceedings, and refer the case to court. Criminal prosecution is conducted by a prosecutor.

i. Evidence-gathering stage/powers of investigators

The investigator has a duty:

1. to examine information indicating the possible commission of a criminal offence, and to initiate criminal proceedings as soon as the grounds and basis specified by law have been established, or to refuse to initiate criminal proceedings if there are no grounds;
2. to conduct investigative actions to determine whether a criminal offence has been committed, who committed it, whether any person should be held criminally liable for it, identify the person in question and obtain evidence that provides grounds for bringing criminal proceedings against them;
3. to take measures to ensure compensation for damage;
4. to choose the simplest type of criminal proceedings appropriate to the specific circumstances, as well as to choose and carry out such procedural actions as to achieve the objective of the criminal proceedings as quickly and economically as possible;
5. to follow the instructions of their direct superior, the supervising prosecutor, a higher-ranking prosecutor or the prescriptions of the investigating judge;
6. to suspend or terminate criminal proceedings if the relevant grounds specified by law are established.

At the same time, in order to fulfil their duties, investigators are entitled to make any procedural decision and carry out any procedural action or assign its execution to another duly authorised official in accordance with the procedures laid down by law.

ii. Detention

Detention is the deprivation of a person's liberty for a period of up to 48 hours without a decision by an investigating judge, provided that detention conditions are met.

A person may only be detained if there are grounds to suspect that they have committed a criminal offence for which a custodial sentence may be imposed, and if one of the following conditions is met:

1. the person has been caught in the act of committing a criminal offence, immediately afterwards, or while fleeing the scene of the criminal offence;
2. the victim or other individual who has witnessed the event or has directly obtained the relevant information in any other way indicates the individual in question as the perpetrator of the criminal offence;
3. obvious traces of the commission of a criminal offence have been found on the person themselves, or on the premises or other objects used by that person;
4. traces left by that person have been found at the scene of the crime.

If the conditions for detention are met, but the criminal offence committed does not carry a custodial sentence, a person may be detained if there are reasonable grounds for believing that it will be impossible to ensure they appear when summoned by the person directing the proceedings because:

1. the person refuses to provide information about their identity, and their identity has not been established;
2. the person has no fixed place of residence or work;
3. the person has no permanent place of residence in Latvia and may attempt to leave the country.

If there are grounds for believing that a serious or an especially serious crime has been committed, a person who is loitering and hiding at or near the scene of a crime and who has no fixed place of residence or work may also be detained provided that there are grounds for assuming they are connected with the crime committed.

If there is an obvious connection between an individual and the commission of a criminal offence for which a custodial sentence may be imposed, and if that person is at the scene of the crime or fleeing the scene or is wanted for the commission of the offence in question, they may be detained by anyone and immediately handed over to the nearest police officer.

Upon being detained, an individual must immediately be informed why they have been detained and warned that they have the right to remain silent, and that anything they say may be used against them.

An individual may be detained only once in the same criminal proceedings.

At the place of detention or on delivery of the detainee to the detention facility, the detaining officer immediately draws up a detention record in writing.

The detainee is informed of the contents of the record and their rights are explained to them, and they sign the record to that effect.

In addition to the general rights of a person with the right to defence, a detainee has the right:

1. to examine the detention record and receive an extract from the relevant law regarding the rights and obligations of the detainee;
2. to express orally or in writing their views on the justification for the detention;
3. to file an objection;
4. to submit complaints regarding the actions of officials;
5. to request the urgent performance of investigative actions that may result in evidence being obtained to confirm that the suspicions are unfounded.

An image of a detainee recorded as a photograph, video, or by other technical means may not be published in the mass media during procedural actions without the consent of the detainee, unless this is necessary for the detection or prevention of a criminal offence.

Once the detainee has been recognised as a suspect or accused person and, if necessary, questioned, the person directing the proceedings immediately decides whether to release them from the temporary detention facility; however, if the security measure chosen by the person directing the process involves the deprivation of liberty, the person may remain in the temporary detention facility until they are brought before the investigating judge, provided this is done within 48 hours of the person's being detained.

The detainee must be released immediately if:

1. suspicions that this person has committed a criminal offence have not been confirmed;
2. it has been established that there were no grounds and conditions for detention;
3. it is not necessary to apply a security measure involving the deprivation of liberty in respect of the detainee;
4. the statutory time limitation for detention has been reached;
5. the investigating judge has not applied a security measure involving the deprivation of liberty.

A record is drawn up of the release of the detainee, indicating the grounds for release, and the date and time. When the detainee is released, they are given a copy of the detention and release record.

The detainee has the duty:

1. to provide truthful identifying information about themselves;
2. to provide truthful testimony if they exercise the right to testify;
3. to allow themselves to be subjected to expert examination, and provide samples for comparative testing independently of their will.

iii. Hearing

The person conducting the investigation explains to the person being questioned their statutory rights and obligations.

If the testimony involves figures, dates and other details that are difficult to remember, the person being questioned has the right to refer to their documents and notes, and read from them.

At the start of the initial questioning, a person with the right to defence:

1. has their biographical information clarified  — place and time of birth, citizenship, education, marital status, place of work or study, occupation or position, place of residence and criminal record, unless this information has already been established in the course of specific criminal proceedings;
2. has their procedural status explained to them and is provided with a copy of the relevant document, or a notification containing the document's contents, unless this has already been provided in the course of specific criminal proceedings;
3. is issued with an extract from the law stipulating their procedural rights and duties, unless such an extract has already been issued to them in the course of specific criminal proceedings;
4. has their right not to testify explained to them, is warned that anything they say may be used against them, and is informed of the consequences of providing deliberately false testimony.

An adult may not be questioned without their consent for more than eight hours within a period of 24 hours, including breaks.

Any testimony given during questioning is recorded and filed, either as an audio or audio and video recording. At the request of the person being questioned, they may enter their testimony in writing in the file.

The person conducting a procedural operation informs the persons involved in it about the contents of the record of the operation in question and its attachments by reading them out or presenting or playing them back. The record must show any corrections and additions made by the said persons.

The person conducting the procedural operation, the person taking the minutes, and all persons participating in the operation sign the minutes as a whole and each page separately. If a person refuses to sign or is unable to do so owing to physical disability or other reasons, such refusal is noted in the minutes, indicating the reason and motives for the refusal.

Specific rules are provided for the questioning of a minor.

iv. Pre-trial detention

The investigating judge will decide on your detention within 48 hours from the moment of detention. You may be detained if you have committed a criminal offence for which a sentence involving deprivation of liberty is prescribed, and the application of any other type of security measure cannot ensure that you:

• will not evade investigation / court proceedings / the execution of a judgment;
• will not hinder the investigation;
• will not commit a new criminal offence.

The investigating judge will hear your opinion when deciding on your detention. You have the right to submit documents proving that your detention would be unjustified. A lawyer and an interpreter will be provided for you.

C. What are my rights during the investigation?

i. What is my right to an interpreter and translation?

You will be provided with an interpreter — this will be arranged by the officials conducting the investigation or the prosecutor. The interpreter will translate everything necessary — documents, the words of the investigator and lawyer, your testimony.

ii. What are my rights regarding information and access to the case file?

You will receive the case material and will be able to examine all the evidence that the prosecutor intends to use against you in court. The prosecutor will provide you with copies of the case material.

iii. What is my right of access to a lawyer and to have a third party informed of my situation?

Throughout the criminal proceedings, any person who has the right to defence has the right to retain a defence counsel of their choice to assist with their defence, or to request the person directing the proceedings to retain a public defence counsel. A defence counsel may be a sworn advocate, an assistant to a sworn advocate, a citizen of a European Union Member State who has obtained the qualification of an advocate in one of the European Union Member States, or a foreign advocate in accordance with an international agreement on legal assistance binding on the Republic of Latvia.

The participation of a defence counsel is mandatory in the following cases:

1. if the right to defence lies with a minor or a person with diminished responsibility;
2. in the event of the imposition of compulsory measures of a medical nature;
3. in the event of an application for the exoneration of a deceased person;
4. if the right to defence lies with a person who, because of a mental disorder or other health impairment, is unable to fully exercise their procedural rights;
5. if the right to defence lies with an illiterate person or a person with such a low level of education that they cannot fully exercise their procedural rights.

During the trial, the participation of a defence counsel is mandatory if the case is heard in the absence of the accused (in absentia) or without their participation.

The following are entitled to exemption from payment for defence counsel assistance, this then being funded by the State:

1. a person whose financial situation means they are unable to pay for defence counsel assistance from their own funds;
2. a person for whom the participation of a defence counsel in criminal proceedings has been mandatory.

If the procedural coercive measure involves deprivation of a person's liberty, the person directing the proceedings must, without delay but within a maximum of 24 hours, inform the person's family or other members of the immediate family and place of employment or study of its application and the location of the person concerned, respecting the person's will and instructions.

If the person concerned is under guardianship, the person directing the proceedings must immediately inform the minor's parents or other close adult relative or guardian of the application of the said coercive measure to the minor.

The person directing the proceedings, with due respect for the person concerned, informs the representation of that country about the application of the said coercive measure to a foreign national through the Ministry of Foreign Affairs of the Republic of Latvia.

iv. What is my right to legal aid?

You are not obliged to use the services of a lawyer, but if you do not speak the local language, it would be advisable to do so, as you might be unfamiliar with the local conditions and laws. You can choose a lawyer yourself or ask the investigator to retain the duty lawyer.

If you are detained, a lawyer who will represent you in the criminal proceedings will be retained no later than 48 hours after your detention. If a foreign lawyer participates in the proceedings, it would be advisable for them to cooperate with one of the local lawyers.

An interpreter will arrive as soon as possible, as their presence is necessary to explain the proceedings to you and assist you during the questioning.

v. Key information about:

a. Presumption of innocence

Nobody is considered guilty until their guilt in committing a criminal offence has been proven in accordance with the procedures laid down in the Criminal Procedure Law.

A person with the right to defence need not prove their innocence.

All reasonable doubts about guilt that cannot be dispelled must be seen as benefitting the person who has the right to defence.

If a public official not involved in the criminal proceedings has in a public statement referred to a person as guilty, thereby breaching the presumption of innocence, the person directing the proceedings publicly announces, based on a reasoned application by the person affected, the violation of the presumption of innocence and sends a copy of the application to an authority competent to decide on the official's liability.

b. Right to remain silent and not to incriminate oneself

Any person giving testimony has the right not to testify against themselves and their immediate family.

A person who has the right to defence also has the right to remain silent, but anything that is said may be used against them. Moreover, this person has a duty to submit to expert examination, and to provide samples for comparative testing independently of their will.

Witnesses and victims may be held criminally liable in accordance with Section 300 of the Criminal Law ('Knowingly submitting a false testimony, opinion, translation, explanation and application') and Section 302 ('Refusal to give testimony or an opinion, or to provide a translation') for knowingly providing false testimony or for unjustified refusal to testify respectively. Further, if a person with the right to defence provides false testimony knowingly, this may be considered an aggravating circumstance.

When answering questions, witnesses and victims must provide only truthful information and testify about everything they know concerning the specific criminal offence.

c. Burden of proof

vi. What are the specific safeguards in place for children?

In pre-trial criminal proceedings, the burden of proof lies with the person directing the proceedings, but in court it lies with the prosecutor.

Without the additional performance of procedural actions, the following conditions shall be considered established, unless the opposite is proven during criminal proceedings:

1. generally known facts;
2. facts determined in other criminal proceedings by a court judgment or a penal order issued by the public prosecutor that has entered into effect;
3. the fact of an administrative violation recorded following the procedures laid down in the law, if a person was aware of it;
4. the fact that a person was aware of, or should have been aware of, their statutory duties;
5. the fact that a person was aware of, or should have been aware of, their professional and official duties;
6. the correctness of research methods generally accepted in the fields of contemporary science, technology, art and the craft industries;
7. a fact established by a court decision that has entered into force, stating that property has been criminally acquired or has links with a criminal offence.

It shall also be considered established that a person has violated the copyright, related rights, or trademark rights of the legal owner, unless they can provide a credible explanation or justification as to how such rights were acquired.

If a person involved in criminal proceedings is unable to provide a credible explanation as to the legal origin of the property in question, and if the person directing the proceedings has reason to believe, based on the evidence as a whole, that the property is most likely of criminal origin, it shall also be considered established that the property in question involved in laundering activities was criminally acquired.

If a person involved in criminal proceedings disputes one of these presumed facts, the duty to provide evidence that this fact is not borne out by reality lies with the person involved in the proceedings who makes that claim.

If a person involved in criminal proceedings affirms that the property should not be considered as having been criminally acquired, they must prove the legality of the origin of the property in question. If they fail to provide credible information regarding the property's legal origin within a specific period of time, they are barred from receiving compensation for any damage caused by the restrictions imposed during the criminal proceedings relating to the property in question.

A person with the right to defence concerning the investigation of an offence must indicate circumstances that preclude criminal liability, and must provide an alibi, if such information has not already been obtained during the investigation. If the person fails to indicate such circumstances or provide an alibi, the prosecution need not prove the absence thereof, nor must the court provide an assessment thereof in a judgment, but the person is barred from receiving compensation for losses incurred as a result of being wrongly treated as a suspect, where the termination of criminal proceedings or the person's acquittal is related to the ascertainment of the aforementioned circumstances.

vii. What specific safeguards are in place for vulnerable suspects?

A person who has committed a criminal offence while mentally incapacitated, but who, according to a forensic psychiatric report, is able to participate in criminal proceedings to determine compulsory medical measures, has the same rights as the accused, except the right to refuse counsel and to speak in court proceedings.

In order to fully secure the rights and interests of an individual who has committed a criminal offence while mentally incapacitated, a representative of that individual may participate in the criminal proceedings. When deciding on the person who will act as a representative, the person directing the proceedings must consider the capabilities and willingness of the individual in question to truly defend the interests of the mentally incapacitated person, and take into account the opinion of the person being represented, as far as possible.

In cases concerning the determination of compulsory medical measures, the participation of a defence counsel is mandatory. A person may be exempted from paying for the assistance of a defence counsel if the participation of the latter is provided by the State.

If a forensic psychiatric report concludes that an individual cannot take part in criminal proceedings, their defence counsel and representative shall exercise all of their rights to defence.

A representative of a person who has committed a criminal offence in respect of whom proceedings to determine compulsory medical measures have been initiated owing to the development of mental disorders after commission of the criminal offence may also participate in criminal proceedings.

Cases to determine compulsory medical measures are tried under a special procedure involving a mandatory forensic psychiatric examination of the individual in question. During the trial, a full direct and oral examination of evidence is conducted and, at the court's discretion, a psychiatric expert is also invited to attend the court hearing. The case is tried in a closed court session.

D. What are the legal time limits during the investigation?

The total time for the completion of pre-trial criminal proceedings and restriction of a person's rights (from 6 to 22 months, with a possible extension of a further six months) depends on the seriousness of the criminal offence of which you are suspected. If these time limits are not observed, all security measures and restrictions of rights applied in respect of you and your property must be lifted, but the criminal proceedings will continue until the limitation period for criminal liability expires.

E. What are the pre-trial preparations, including alternatives to pre-trial detention and possibilities to transfer to your country of origin (under a European Supervision Order)?

Once a criminal case has been brought before them, the judge decides on the time and place of the trial of the criminal case. The court commences the trial of the criminal case as soon as possible.

If a security measure involving deprivation of liberty has been applied in respect of the accused, the trial commences no later than four weeks after receipt of the order.

If a security measure involving deprivation of liberty has been applied in respect of an accused minor, the trial of the criminal case commences no later than three weeks after receipt of the order.

If, for objective reasons, it is not possible to comply with these time limits, the judge may set a later date for the commencement of the trial by reasoned decision.

A trial of a criminal case commences no later than four weeks after receipt of the criminal case:

1. in the case of a criminal offence involving violence or threats of violence committed by a person on whom the minor victim is financially or otherwise dependent, or committed by a close relative of the victim, a former spouse, or a person with whom the victim is or has been in a permanent intimate relationship;
2. in the case of a sexual offence against a minor;
3. where a person protected under special proceedings is involved.

Criminal proceedings against a minor take precedence over similar criminal proceedings against an adult in terms of ensuring a reasonable time period.

A detainee, their representative or defence counsel may at any time submit an application to the investigating judge, or to the court of first instance after the commencement of the trial, for an assessment of the need for continued detention. However, it should be noted that an application for an assessment of the need for continued detention may be refused without an oral hearing if less than two months have passed since the last assessment of the need for detention, and the application is not supported by information about facts that were unknown to the investigating judge or the court when deciding on the application of detention or during the examination of the previous application.

If within two months the detainee, their representative or defence counsel has not submitted an application regarding an assessment of the need for continued detention, such an assessment is performed by the investigating judge. The court of first instance performs the assessment after the commencement of the trial in cases where the trial is postponed or an adjournment of over two months is announced.

No such requirement is provided for in legislation, though provision is made for an additional sanction, namely expulsion from the Republic of Latvia. This can only be done by decision (judgment) of a court.

After the trial, you may be sent to your home country of origin if you have been given a custodial sentence, if the competent authority of your home country has requested your extradition and the Ministry of Justice of the Republic of Latvia has agreed to extradite you, or if the Ministry of Justice of the Republic of Latvia has requested that your home country agree that you serve your sentence there. Surrender for the purpose of serving a sentence is not done automatically.

The following conditions must be met:

• you must be either a citizen of the country in which the sentence will be served and which has expressed readiness to facilitate your rehabilitation, or you have permanent residence in that country, or have property or income in that country;
• even if it were to request an individual's extradition, Latvia would not be able to execute the sentence;
• there must be a valid court judgment in effect;
• there must be at least six months remaining until the end of the sentence;
• the criminal offence must also be considered a criminal offence in your home country;
• you must confirm that you wish to serve your sentence in your home country and consent to the surrender.

Within ten days of receiving the order to execute the court judgment, the prison administration will inform you of your right to request surrender for your sentence to be served in your home country. The request must be submitted in writing to the Ministry of Justice.

Within 10 days, the Ministry of Justice will inform you of any requests from your representative or the foreign country regarding the transfer of execution of the custodial sentence to that country. If you do not wish to serve your sentence in your home country, or do not consent to the request by the authorities in your home country for your sentence to be served in your home country, you must submit a written refusal to the Ministry of Justice.