2 - My rights during trial

A. Where does the trial take place?

Criminal cases are heard in district or city courts. Usually, the case will be heard in the court in the jurisdiction of which the crime was committed. You will be informed in writing about the location of the trial.

With some exceptions (for example, cases involving sexual offences, criminal offences committed by or against a minor, as well as criminal cases where it is necessary to protect State or adoption secrets, and cases regarding the application of compulsory medical measures), cases are examined in open court hearings.

In a court of first instance, criminal cases are usually examined by a single judge. The decision in the case is made by the judge.

B. Can the charges be changed? If so, what is my right to information in this regard?

During the trial, the prosecutor may amend the charge, changing it to a lesser or more serious charge, both by changing the facts complained of and the classification of the criminal offence.

If the prosecutor amends the charge to a lesser one, without changing the factual circumstances, the new charge is indicated in the minutes of the court hearing.

If the prosecutor amends the charge to a lesser one owing to a change in the factual circumstances, or to a more serious one without a change in the factual circumstances, or to a lesser or more serious one owing to a change in the factual circumstances without a change to the classification of the criminal offence, the new charge may be entered in the minutes of the court hearing. You have the right to request that the prosecutor submit the new charge in writing.

If the prosecutor amends the charge to a more serious one because new factual circumstances relating to the criminal offence have been established during the trial, the court will declare an adjournment at the prosecutor's request, and the prosecutor must submit the new charge to the court within one month. Information about the new charge will be sent by the court to you, your lawyer, the victim and their representative, and the court will notify you of the time of the court hearing.

C. What are my rights during court appearances?

i. Am I required to be present in court? Under what circumstances may I be absent from court proceedings?

You must take part in all court hearings until the judgment is handed down. If the criminal case concerns a criminal offence, a less serious crime or a serious crime for which a custodial sentence of up to five years is prescribed, you may request that the court examine the case in your absence, and the court may also examine the criminal case in your absence if you repeatedly fail to appear at court hearings without good reason. A criminal case may be tried in your absence if you have fallen seriously ill, meaning you are unable to participate in the trial of the criminal case. Also, if the court hearing examines the part of the charge brought against other defendants and your participation in the court hearing is not necessary, a criminal case with multiple defendants may be tried without your taking part, provided that you have informed the court that you do not wish to take part in the court hearing in question.

Section 464. Trial of a Criminal Case in the absence of the accused

(1) A court may try a criminal case regarding a criminal offence, a less serious crime, and a serious crime for which the sentence of deprivation of liberty up to five years is provided for, without the accused taking part, if the accused repeatedly fails to appear at a court hearing without good reason or has submitted to the court a request for the criminal case to be tried without their participation.

(2) A criminal case may be tried without the accused taking part if the accused has fallen ill with a serious illness making it impossible for them to participate in the trial of the criminal case.

(3) A criminal case with several defendants may be tried without some of the defendants taking part if the hearing deals with the part of the charge brought against other defendants, if the participation of the defendants in the court hearing is not necessary and they have notified the court that they do not wish to take part in the relevant court hearing.

If you are in another country, your whereabouts are unknown or your attendance at court cannot be ensured, the case may be heard in your absence (in absentia).

You have the right to participate in the court proceedings via video link from another Member State.

ii. What are my rights to an interpreter and translated documents?

The court will provide you with an interpreter free of charge. The accused is also provided with a written translation of the court decision, except in the following cases:

1. a conviction that has been handed down in a case examined in a court of first instance without verification of evidence;
2. a conviction resulting from a settlement between the victim and the accused;
3. a conviction obtained through a plea agreement;
4. a decision by a court of cassation
5. an abridged judgment.

iii. Do I have the right to a lawyer?

You can decide for yourself whether you need a lawyer. The participation of a lawyer is mandatory in the following cases:

• if you are a minor or have diminished responsibility;
• in criminal proceedings regarding the determination of compulsory medical measures;
• if, owing to a mental disorder or other health impairment, you are unable to fully exercise your procedural rights yourself;
• if you are illiterate or have such a low level of education that you are unable to exercise your procedural rights;
• if the case is examined in your absence (in absentia) or without your participation.

If you have not appointed a lawyer of your choice, the State will provide you with one in the above cases. You have the right to request a change of lawyer if there are legal obstacles to their participation.

iv. What other procedural rights should I be aware of? (For example, the presentation of suspects in court)

During court proceedings, you have the right to raise objections, submit requests and present evidence, explaining why they were not submitted earlier, to confirm your alibi, to point to circumstances that exclude criminal liability, and to contest the prosecution's evidence. You may also submit information testifying to your good character.

On receipt of the criminal case, the judge will invite you or your defence counsel to submit a notification to the court within 10 working days regarding the persons to be questioned. If you indicate in the notification that it is unnecessary to summon a person previously questioned in the criminal proceedings whose testimony is included in the list of evidence to be used in court, it will be considered that you agree that the information recorded in the testimony may be used by the parties to the case in the court debates and the court may use it to substantiate its conclusions in the decision. At the same time, the judge will inform you of your right to submit a list of persons not previously questioned whom you believe should be summoned to the court hearing, indicating which circumstances need to be clarified by inviting them. The court will summon all persons whose testimony is included in the list of evidence to be used in court, unless it receives a notification from you to the contrary.

You and your defence counsel will have the right to question persons who were questioned during the pre-trial proceedings and have been summoned by the court.

During your defence speech in court, you or your defence counsel will be able to give your views on the evidence examined at the court hearing. Similarly, you or your defence counsel will be able to respond to the prosecutor's statement of indictment. Before the court proceeds with handing down its judgment, you will have the right to make a final statement.

D. Possible sentences

The basic and additional penalties for a specific criminal offence are laid down in the relevant section of the Special Part of the Criminal Law; however, they may also be laid down in the provisions of the General Part of the Criminal Law. The type of sentence is chosen based on the nature of the criminal offence, the damage caused, and the personality of the individual found guilty. The extent of the punishment is chosen based on aggravating and mitigating circumstances.

Basic penalties:

• deprivation of liberty — forced detention of an individual in a prison facility;
• probationary supervision — forced participation of an individual in measures to correct social behaviour and in social rehabilitation measures appropriate to their age, psychological characteristics and developmental level;
• community service — forced participation of an individual in work for the benefit of the community appropriate to their age, psychological characteristics, physical abilities and developmental level during their free time, away from their main job or studies, and without remuneration;
• fine — a sum of money imposed by the court or prosecutor to be paid to the State within 30 days of the decision coming into force.

Additional penalties:

• confiscation of property — compulsory transfer to State ownership without compensation of property owned by the convicted person (applied only in cases specified in the Special Part of the Criminal Law);
• deportation from the Republic of Latvia — deportation of a foreign national or a person who has a permanent residence permit in a country other than the Republic of Latvia, if the court finds that their presence in the Republic of Latvia is not permissible based on the circumstances of the case and the personality of the individual found guilty(applied only together with deprivation of liberty or a fine);
• probationary supervision (applied only in cases specified in the Special Part of the Criminal Law, together with deprivation of liberty);
• community service (applied only to a person who has been given a conditional sentence or to whom probationary supervision has been applied as the main punishment);
• fine;
• restriction of rights — deprivation of specific rights or the imposition of a prohibition preventing a person from exercising certain rights, holding a specific position, engaging in a specific professional or other type of activity, or visiting specific places or events.