General Part
Chapter IV
Punishment
Section 38. Deprivation of Liberty
(1) Deprivation of liberty is the compulsory imprisonment of a person.
(2) Deprivation of liberty shall be determined for a term of not less than fifteen days and not exceeding fifteen years, but for especially serious crimes – for a term not exceeding twenty years.
(2 1) In cases specifically provided for in this Law, temporary deprivation of liberty for a term not exceeding three months may be determined for criminal violations and crimes, for which deprivation of liberty for a term not exceeding five years is provided for in this Law.
(3) In cases specifically provided for in this Law, deprivation of liberty may be determined for life (life imprisonment).
(4) The term of deprivation of liberty shall be determined in years and months, but in cases provided for in this Law, also in days.
General Part
Chapter IV
Punishment
Section 42. Confiscation of Property
(1) Confiscation of property is the compulsory alienation to State ownership without compensation of the property owned by a convicted person. Confiscation of property may be specified as an additional punishment. Property owned by a convicted person, which he or she has transferred to another natural or legal person, may also be confiscated.
(2) Confiscation of property may be specified only in the cases provided for in the Special Part of this Law.
(3) A court, in determining confiscation of property, shall specifically indicate which property is to be confiscated. A court, in determining confiscation of property for a criminal offence against traffic safety, shall relate it to the vehicle.
(4) The indispensable property of the convicted person or of his or her dependants, which may not be confiscated, is that specified by law.
Section 647. Execution of a Sentence after Application of Compulsory Measures of a Correctional Nature
(1) If a minor who has been released from an imposed sentence and on whom a compulsory measure of a correctional nature has been imposed does not fulfil the duties imposed by a court, the sentence imposed on such minor shall be executed.
(2) A matter regarding the execution of a sentence shall be decided by the district (city) court judge according to the place of residence of the minor.
Section 650. Courts that Decide Matters Related to the Execution of a Judgment and Decision
(1) Matters that are related to the execution of a sentence determined in a judgment, as well as doubts and uncertainties that arise in the execution of a court ruling, shall be decided, on the basis of a submission of the executing authority or prosecutor, by a judge of the court of first instance that has made the ruling, except the cases referred to in Sections 638, 642, and 647 of this Law.
(2) If a ruling is being executed outside of the region of operation of the court that has made the ruling, the matters referred to in Paragraph one of this Law shall be decided, by a judge of a court of the same level in the region of operation of which the convicted person is serving the sentence.
Section 673. Types of International Co-operation
(2) Criminal-legal co-operation with international courts and with courts and tribunals established by international organisations (hereinafter - the international court) shall provide for the transfer of persons to international courts, for procedural assistance for such courts, and for the execution of the rulings of international courts.
Section 783. Principles for the Assessment of a Request of a Foreign Country Regarding Execution of a
Fine Imposed
The procedures referred to in Chapter 69 of this Law shall be applied to the evaluation, recognition and execution of a request of a foreign country regarding the execution of a fine imposed, if it has not been specified otherwise in this Chapter.
Section 903. Execution of Rulings of Financial Nature of an International Court
(2) The execution of a fine, or confiscation of criminally acquired property, determined by an international court shall take place in accordance with the procedures provided for in the laws and regulations of Latvia, without harming the bona fide rights of third persons.
(3) The competent authority shall take the measures provided for in this Law in order to regain the value of the income, property, or assets thereof that are to be confiscated on the basis of a decision of an international court. Obtained property or income shall be transferred to the international court.
Section 904. Execution of a Convicting Judgment of an International Court
(1) If an international court has determined that a custodial sentence of the convicted person is to be executed in Latvia, the competent authority shall immediately inform the international court of the possibility of the execution of the sentence or also of circumstances that might substantially influence the execution of the sentence in Latvia.
(2) A sentence shall be executed in accordance with the same procedures as the execution of a sentence imposed in criminal proceedings taking place in Latvia. A convicted person has the right to communicate with an international court without hindrance and confidentially, and the international court has the right to perform supervision of the execution of the sentence.
(3) Only an international court shall be permitted to reduce or change the amount of sentence determined by such court.
(4) During the execution of a sentence, the competent authority shall inform an international court at least 45 days in advance of the fulfilment of previously specified conditions and any circumstances that may substantially influence the provisions or period of imprisonment.
(5) If, after serving a sentence, a person does not have rights or is not given permission to remain in Latvia, such person shall be transported to another country that must accept such person or that agrees to accept such person, respecting the choice of the person.
(6) The criminal prosecution, punishing, or extradition to another country of a convicted person regarding an offence that such person committed before being conveyed for serving a sentence in Latvia may take place only with the consent of an international court, except where the person voluntarily remains in Latvia after serving the sentence for more than 30 days, or has left Latvia and then returned to Latvia.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.