Request for cooperation

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 675. Criminal-legal Co-operation in Competent Authorities

(1) The competent authorities that are specified in laws and regulations shall send and received requests for criminal-legal co-operation, and such institutions shall regulate international co-operation in criminal matters.

Section 675. Criminal-legal Co-operation in Competent Authorities

(3) If an agreement with a foreign country regarding criminal-legal co-operation does not exist, the Minister for Justice and the Prosecutor General have the right, within the framework of the competence specified in this Part of this Law, to submit to the foreign country a request for criminal-legal co-operation, or to receive a request from the foreign country for criminal-legal co-operation.

(4) The officials referred to in Paragraph three of this Section may request from, or submit to, a foreign country a confirmation that reciprocity will be observed in criminal-legal co-operation, that is, that the co-operation partner will hereinafter provide assistance, observing the same principles.

Section 681. Transit of Persons

(1) If criminal-legal co-operation is related to the transportation of a person from a foreign country to Latvia through the territory of a third country, the competent authority of Latvia shall, if necessary, issue a transit request to such third country.

Section 681. Transit of Persons

(4) A transit request shall be written the same as a request for a specific type of criminal-legal co-operation.

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 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 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.

Section 905. Confidentiality of Information

(1) Requests of an international court for co-operation and the documents attached to such request shall be held in secrecy, except where the disclosure thereof is necessary for the execution of a request.

(2) In providing legal assistance, the competent authority may request for an international court to take measures in order not to allow the disclosure of information that might harm the interests of national security, in order to protect Latvian officials, or also to protect other restricted-access information.

(3) The competent authority shall be permitted to provide to international court information provided confidentially by another country only if the country that provided the information has agreed to such provision.

Rome Statute

Article 87 Requests for cooperation: general provisions

1.

(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.

(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.

2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.

3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.

4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.

5.

(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.

(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.

6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.

7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.