Cooperation under procedures of national law

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 9. Criminal Procedural Duty
(1) In initiated criminal proceedings, each person has the obligation to fulfil the requirements of an authorised official for conducting the criminal proceedings and to comply with the procedural order specified in the Law.

(2) The disputing of the legality and validity of a procedural requirement shall be performed in accordance with the procedures laid down in this Law, yet such disputing does not remove the obligation to fulfil such requirement.

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 702. Extradition Arrest

(1) An extradition arrest may be applied after a request regarding the extradition of a person has been received along with the following:

1) a request of a foreign country regarding the arrest of such person or a judgment that has entered into effect in relation to the specific person;
2) a description of a criminal offence or a decision to hold the person criminally liable;
3) the text of the section of the law on the basis of which the person has been held criminally liable or convicted, and the test of the section of the law that regulates a limitation period;
4) information regarding the person to be extradited.

Section 847. Procedures for the Fulfilment of 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 fulfilled in accordance with the procedures laid down in this Law.

Section 851. Performance of an Investigative Action by Using Technical Means
(1) A procedural action may be performed by using technical means upon the request of a foreign country or upon a proposal of the institution fulfilling the request and with the consent of a foreign country. A person who has the right to defence may be examined by using technical means provided that the person agrees to it.

(2) A competent official of the country that submitted a request shall perform, in accordance with the procedures of such country, a procedural action using technical means. If necessary, an interpreter shall participate in the performance of such procedural action in Latvia or a foreign country.

(3) A representative of the institution that fulfils a request shall certify the identity of involved persons and ensure the progress of a procedural action in Latvia and the conformity thereof to the basic principles of Latvian criminal procedure.

(4) If, in performing a procedural action, the basic principles of Latvian criminal procedure are violated, a
representative of the institution fulfilling a request shall immediately take measures in order for such operation to continue in accordance with the referred to principles.

(5) A person who has been summoned to provide testimony has the right to not provide testimony also in a case where such non-provision of testimony arises from the laws of the country that submitted the request.

Section 858. Transfer of an Object to a Foreign Country

An object necessary as material evidence may be transferred to a foreign country upon request of such foreign country. If necessary, the competent authority of Latvia shall request guarantees that the object will be returned.

Section 899. Grounds for the Transfer of a Person to an International Court

(1) A person against whom prosecution has been pursued in an international court or who has been transferred to a court may be transferred for criminal prosecution and trial on the basis of the request of such court.

(3) The legal grounds for the transfer of a person to an international court are the basic document of the
establishment of the international court and the provisions of this Law.

Section 901. Examination, Deciding, and Fulfilment of a Request for the Transfer of a Person

(1) A request regarding the transfer of a person to an international court shall be examined, a person shall be detained, arrested, and all the matters related to the request shall be decided and fulfilled in accordance with the procedures laid down in Sections 698-711 of this Law.

(2) A request of an international court regarding the transfer of a person has priority in comparison with an extradition request submitted by another country. If an international court has not itself specified with a decision that a specific case is only under the jurisdiction of the international court, the order of competing requests shall be determined by the competent authority, in conformity with the provisions of Section 709 of this Law.

Section 902. Assistance to an International Court in the Performance of Procedural Actions

(1) The competent authority shall, upon request of an international court, organise and provide to such court the necessary assistance in the performance of procedural actions in an investigation and criminal prosecution. A request may also provide for co-operation in the execution of protection measures of victims and witnesses and measures for the purpose of confiscation, particularly in the interests of victims.

(4) Officials authorised by an international court have the right to perform the necessary procedural actions in the territory of Latvia independently or in co-operation with a competent international organisation or competent Latvia institution. If procedural actions are not related to the application of a compulsory measure, an official authorised by an international court, after consultations with the competent authority of Latvia, may perform such activities without the presence of a representative of the competent authority.

Rome Statute

Article 88 Availability of procedures under national law

States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

Article 99 Execution of requests under articles 93 and 96

1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.