Section 697. Reasons for a Refusal to Extradite a Person
(1) The extradition of a person may be refused, if:
1) a criminal offence has been committing completely or partially in the territory of Latvia;
2) the person is being held as a suspect, is accused, or is being tried in Latvia regarding the same criminal offence;
3) a decision has been taken in Latvia to not commence, or to terminate, criminal proceedings regarding the same criminal offence;
4) extradition has been requested in connection with political or military criminal offences;
5) a foreign country requests the extradition of a person for the execution of a sentence imposed in a judgment by default, and a sufficient guarantee has not been received that the extradited person will have the right to request the re-trial of the case;
6) extradition has been requested by a foreign country with which Latvia does not have an agreement regarding extradition.
Section 848. Deciding on the Request of a Foreign Country
(1) The request of a foreign country regarding the provision of assistance in the performance of a procedural action shall be decided immediately, but not later than within 10 days after receipt thereof. If additional information is necessary for deciding of a request, such information shall be requested from the country that submitted the request.
(2) In examining the request of a foreign country, the competent authority shall take one of the following decisions:
1) on possibility of the execution of the request, determining the institution that will fulfil the request, terms, and other conditions;
2) on refusal to fulfil the request or a part thereof, substantiating the refusal.
(2^1) The decision on the possibility to execute the request of a foreign country for legal assistance may also be taken in the form of a resolution.
(3) The country that submitted the request shall be, without delay, informed regarding the decision taken, if the execution of the request or a part thereof has been rejected or if a foreign country has so requested.
Section 875. Notifications to a European Union Member State
(1) In executing the security measure applied, the State Police shall inform the Office of the Prosecutor General regarding:
1) the change in the place of residence of a person;
2) violations of the security measure, as well as other facts, which could be the reason for taking a subsequent decision to amend the security measure;
3) inability to execute a security measure not related to deprivation of liberty, if a person is not reachable;
4) threat that a person may cause to the victim and the society.
(2) The Office of the Prosecutor General shall inform a European Union Member State:
1) regarding a decision on refusal to recognise and execute the decision determining the application of a security measure not related to deprivation of liberty;
2) regarding the conditions indicated in Paragraph one of this Section, as well as the facts, which could be the reason for amending the security measure, determining a time period during which the European Union Member State should take a decision. The Office of the Prosecutor General shall prepare a report on violations of the prohibitions or duties imposed, as well as other facts, which may be the grounds for taking a subsequent decision, filling in the relevant special document provided for in criminal legal co-operation with European Union Member States.
(3) The Office of the Prosecutor General shall inform a European Union Member State and the police authority according to the place of residence of a person regarding the decision taken by the Office of the Prosecutor General to terminate the execution of a security measure because the conditions of Section 873, Paragraph one, Clause 5 of this Law have set it, and for the time period the execution of a security measure shall be taken over by the relevant European Union Member State.
Section 902. Assistance to an International Court in the Performance of Procedural Actions
(3) A request may be rejected, if such request applies to an issuance of documents or a disclosure of evidence that affects the safety of the country, unless a request may be fulfilled with particular conditions or later.
Section 908. Reasons for Refusing Execution of a European Protection Order
(1) Execution of a European protection order may be refused if:
1) the European protection order is incomplete and additionally requested necessary information has not been submitted within the laid down term;
2) the security measure laid down in the European protection order is not related to a prohibition to visit a certain area, place, or territory in which the protected person lives or is visited by, or a prohibition to contact the protected person in any way, or a prohibition to approach the protected person under a certain distance;
3) protection is laid down for such offence which is not criminal in accordance with the Criminal Law;
4) the principle of inadmissibility of double jeopardy (ne bis in idem) would be violated in recognising the European protection order;
5) the immunity from criminal proceedings referred to in Chapter 8 of this Law exists;
6) the limitation period has set in for an offence in relation to which the European protection order was taken;
7) an amnesty act has been adopted which prevents the imposition of a punishment for the relevant criminal offence in relation to which the European protection order was taken;
8) the person to whom a protection measures has been applied has not attained the age at which criminal liability sets in;
9) the protection measure is related to such criminal offence which has been completely or partially committed in the territory of Latvia;
10) the grounds for executing the European protection order laid down in Section 907, Clause 2 of this Law do not exist.
(2) If execution of the European protection order has been refused on the basis of Paragraph one, Clause 3 of this Section, the protected person has the right to request the State Police that it informs the competent authority of the European Union Member State which took the European protection order, regarding violations of the measure laid down in the European protection order.
1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting State.
7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:
(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.
Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.