Case No 2017-23-01

On Compliance of the Second and the Third Part of Section 573 of the Criminal Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia

The Constitutional Court held:

1. to recognise the second and the third part of Section (573) of the Criminal Procedure Law, insofar it provides that the matter on initiating cassation proceedings in criminal procedure is decided by one judge, without providing reasoning for refusal to initiate cassation proceedings in criminal procedure, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia.

2. with respect to the applicant, to recognise the second and third part of Section 573 of the Criminal Procedure Law, insofar it does not envisage that in the refusal to initiate cassation proceedings reasoning must be provided, as being void as of the moment when the violation of his fundamental rights occurred.

Press-releases

• The procedure, in which the matter on initiating cassation proceedings in criminal procedure is decided, is incompatible with the Satversme
• A case initiated with respect to norms that define the way, in which in criminal proceedings the issue regarding examination of a judgment in cassation procedure must be decided upon