Extradition of a person in Latvia
Our Law Firm Attorneys provide legal assistance to persons in extradition matters.
A person who is located in the territory of Latvia may be extradited for criminal prosecution, trial, or the execution of a judgment, if a request has been received for temporary arrest or from a foreign state to extradite such person regarding an offence that, in accordance with the Criminal Law of Latvia and the foreign state, is criminal.
Person may be extradited for prosecution or trial regarding the offence, the committing of which provides the punishment of deprivation of liberty the maximum limit of which is not less than one year, or more, if the international agreement does not provide otherwise.
A person may be extradited for the execution of a judgment by the state that rendered the judgment and convicted the person with a punishment that is related to deprivation of liberty for a term of not less than four months.
According to criminal procedure law the extradition of a person may be refused, if:
1) criminal offence has been committed completely or partially in Latvia;
2) person is being held as a suspect, is accused, or is being judged in Latvia regarding the same offence;
3) decision has been taken in Latvia to not commence, or to terminate, criminal proceedings regarding the same offence;
4) extradition has been requested in connection with political or military criminal offences;
5) foreign state requests the extradition of a person for the execution of a punishment imposed by default judgment, 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 state with which Latvia does not have an agreement regarding extradition.
The extradition of a person is not admissible, if:
1) the person is a citizen of Latvia;
2) the request for the extradition of the person is related to the aim of commencing criminal prosecution of such person or punishing such persons due to his or her race, religion affiliation, nationality, or political views, or if there are sufficient grounds to believe that the rights of the person may be violated due to the referred to reasons;
3)the judgment has entered into effect in Latvia in relation to the person regarding the same criminal offence;
4)the person may not, in accordance with Latvian law regarding the same criminal offence, be held criminally liable, tried, or execute a punishment in connection with a limitation period, amnesty, or another legal basis;
5) person has been granted clemency, in accordance with the procedures laid down in law, regarding the same criminal offence;
6) the foreign state does not provide a sufficient guarantee that the state will not impose the death punishment and execute such punishment;
7)the person may be threatened with torture in the foreign state;
8)the execution of the request to extradite a person may harm the sovereignty, security, social order, or other substantial interests of Latvia.
Having received a request of a foreign state regarding the extradition of a person, the Prosecutor General’s Office commences an examination of the request.
To find out more about criminal law and extradition procedure in Latvia, Lithuania and Estonia, please contact our English speaking lawyers at info@gencs.eu.
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