Provisional arrest

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 263. Detention

Detention is the deprivation of the liberty of a person, for a period of time of up to 48 hours, without a decision of an investigating judge, if conditions for detention exist.

Section 699. Detention of a Person for the Purpose of Extradition

(1) An investigator or prosecutor may detain a person for up to 72 hours for the purpose of extradition, if there are sufficient grounds to believe that such person has committed a criminal offence in the territory of another country regarding which extradition has been provided for, or if the a foreign country has announced a search for such person and issued a request for temporary arrest or extradition.

Section 700. Grounds for the Application of Temporary Arrest

(1) Temporary arrest may be applied to a person to be extradited upon request of a foreign country regarding temporary arrest and up to the receipt of an extradition request.

(2) If a request regarding temporary arrest indicates a decision of a foreign country on arrest of the person or a valid judgment in relation to such person, or indicates that the foreign country will issue an extradition request and the criminal offence regarding which extradition will be requested, or if information has been provided regarding the person to be extradited or if circumstances are not known that would exclude the possibility of extradition, a prosecutor shall submit a proposal regarding the application of temporary arrest and materials justifying such proposal to the investigating judge in whose territory of operation the person has been detained or the Office of the Prosecutor General is located.

Section 732. Temporary Arrest before the Receipt of a Request for a Takeover of Criminal Proceedings

(1) If a foreign country notifies regarding the intention thereof to submit a request for taking over criminal proceedings, and requests the application of temporary arrest before the receipt thereof, the competent authority shall turn to the investigating judge with a proposal to place a person under arrest until the matter is decided regarding the takeover of criminal proceedings, if all of the following conditions exist:

1) the request indicates that there is a decision issued by the submitting country on application of arrest;
2) The Criminal Law provides a custodial sentence for the relevant offence;
3) there are grounds to believe that the suspect or the accused will evade participation in criminal proceedings or will hide evidence.

(2) A person placed under arrest in accordance with the procedures laid down in Paragraph one of this Section may be released, if:

1) a request for a takeover of criminal proceedings has not been received within 18 days from the day of the application of detention or temporary arrest;
2) documents to be attached have not been received within 15 days from the day of the receipt of the request;
3) a decision has not been taken on application of a security measure - arrest in the taken-over criminal
proceedings within 40 days from the day of the application of detention or temporary arrest;
4) a decision has been taken to reject the request regarding the taking over of criminal proceedings;
5) the takeover of criminal proceedings has been withdrawn;
6) circumstances have become known that exclude the opportunity to hold the person under arrest.

Section 747. Arrest
(1) If there are grounds to believe that a person will attempt to evade criminal proceedings in the country that received a request, the competent authority shall send a request for temporary arrest up to the submission of a request for a takeover of criminal proceedings.

Section 780. Detention of a Person Convicted in a European Union Member State, Application of
Temporary Arrest and Security Measure

If a person convicted in a European Union Member State is in Latvia, such person shall be detained, temporary arrest and security measure shall be applied thereto in accordance with the procedures and within the time period specified in Sections 770, 771 and 772 of this Law.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.