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Latvia and Implementation of framework decision No.947 on transfer of community sanctions

Imants Jurevičius

State Probation Service of Latvia

Head of Supervision Division

January 2013

Some facts about Probation Service in Latvia

Functions:

– Supervision of persons conditionally released from criminal liability, conditionaly sentenced (suspended sentence), on conditional release from prison (parole), and with additional punishment –probation’s supervision

– Preparation of pre-sentence and parole reports

– Mediation in criminal matters

– Organization of community work service (adults + children)

– Correction of social behaviour – development and implementation of probation programs

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Some facts about Probation Service in Latvia

• Institution under Ministry of Justice

• Number of staff:year 2007 – 513 year 2010 – 389 year 2008 – 551 year 2011 - 374year 2009 – 359 year 2012 - 376

• Number of probation clients in all functions:year 2007 – 19 492 year 2010 – 19 434year 2008 – 25 921 year 2011 – 20 601year 2009 – 21 361

Implementation of framework decision - Latvia

Latvia is ready for transfer!

National legislation came in force on

1st July 2012

(Law on Criminal Proceedings)

Central authority – Ministry of Justice

Competent authority - Court4

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Implementation of framework decision - Latvia

Central/competent authority of other

EU state

Latvian Ministry of Justice

Latvian court

Probation Service Probation Service

Other EU state Latvia

Article No.802 stipulates the basis for execution of sentence made in other EU state:

• Received documents: (1) sentence on alternative sanction or its approved copy and (2) special certificate;

• Offender has permanent residence and is situated in Latvia;

• Decision of Latvian court on sanction.

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Other EU state Latvia

Article No.802:

• In case where offender don’t have permanent residence in Latvia, sentence must be recognized and executed in Latvia, if:

(1) Offender has legal employment in Latvia;

(2) Offender has family relationships in Latvia;

(3) Offender is receiving education in Latvia.

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Other EU state Latvia

Article No.759 and 760 stipulates that judge his decision on transfer of sanction make in 2 steps:

1. Decision on recognition of sentence and its execution

(in written procedure)

2. Decision on sanction to be executed in Latvia

(in written procedure, if offender and solicitor don’t object to that during 10 days after judge informed them on decision to transfer sanction)

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Other EU state Latvia

Article No.803 describes causes of refusal to execute sanction in Latvia:

• Certificate is missing or it’s filled in inappropriately or doesn’t correspond to the content of sentence;

• Offence isn’t mentioned in 2nd annex of Latvian Law on Criminal Proceedings (same as listed in Article No.10 of FD 947)) and isn’t criminal according to Latvian law;

• Offender don’t have pemanent residence in Latvia or isn’t reachable in Latvia;

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Other EU state Latvia

Article No.803 causes of refusal (continued):

• With execution of sanction rule on preclusion of double-conviction would be violated;

• Offence isn’t criminal according to Latvian law;

• Criminal procedural immunity is present;

• Time for execution of sanction lapsed and offence is in jurisdiction of Latvia;

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Other EU state Latvia

Article No.803 causes of refusal (continued):

• Offender hasn’t reached age of criminal liability (14 years);

• Community sanction is too short (6 months or less);

• Sanction prescribes medical treatment impossible in Latvia;

• Offender was sentenced in absentia (with exception of offender being informed about his court hearing (sentencing)).

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Other EU state Latvia

Article No.806 stipulates that execution of sanction can be stopped, if:

• Offender don’t have anymore permanent residence in Latvia or isn’t reachable in Latvia;

• Offender evade from execution of sanction and there is a reason to believe he isn’t in Latvia anymore;

• New criminal proceeding started on offender in coresponding EU state and this state asks to return back execution of sanction.

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Other EU state Latvia

Article No.806 (continued):

• If execution of sanction stopped, Latvian court:

(1) Informs Latvian Probation Service about decision;

(2) Requests Latvian MoJ to forward court’s decision and linked materials to correspondig EU state.

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Other EU state Latvia

Article No.807 stipulates how decision on punishment must be made, if offender breaches community sanction:

• Probation Service informs Latvian court about breach and court decides whether to execute or not basic punishment;

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Other EU state Latvia

Article No.807 (continued):

• However, Latvian court don’t decide on execution of basic punishment, if:

(1) offender has “conditionally suspended sentence”; or

(2) original sentence don’t prescribe imprisonment in case of breach.

In this case Latvian court materials about breach forwards to Latvian MoJ with request to forward them further to corresponding EU country for a decision

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Latvia Other EU state

Article No.808 stipulates that Latvia can ask other EU state to execute Latvian sentence, if (1) sentence is in force, (2) that will promote offenders rehabilitation, and (3) any 1 of such 4 conditions is present:

• Offender is citizen of that state or has permanent place of residence in that state;

• Offender has property or income in that state;

• Offender is citizen of that state and it exspressed readiness to promote his rehabilitation;

• Latvia will not be able to execute the punishment.16

Thank you!Contact details:Imants JurevičiusState Probation Service of Latvia

Supervision Division

91 Dzirnavu Street, Riga, Latvia, LV-1011

Tel. +371 67021198

Cell +371 28365033

Imants.Jurevicius@vpd.gov.lv

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