Date of the judgment: 23.05.2022.
Official publication: 26.05.2022.
On the compliance of Section 70.11(4) of the Criminal Law and Section 358(1) of the Criminal Procedure Law with the first sentence of Article 91 and with Article 105 of the Constitution of the Republic of Latvia
The Constitutional Court ruled the following:
1. To dismiss proceedings in respect of the claim of the Joint-Stock Company under liquidation “TRASTA KOMERCBANKA” on compliance of Section 70.11, Paragraph Four of the Criminal Law and Section 358, Paragraph One of the Criminal Procedure Law with the first sentence of Article 91 and Article 105 of the Satversme of the Republic of Latvia.
2. To dismiss proceedings in respect of the claim of ERGO TEC LLP, a merchant registered in the United Kingdom, on compliance of Section 70.11, Paragraph Four of the Criminal Law and Section 358, Paragraph One of the Criminal Procedure Law with the first three sentences of Article 105 of the Satversme of the Republic of Latvia.
3. To recognise Section 70.11, Paragraph Four of the Criminal Law and Section 358, Paragraph One of the Criminal Procedure Law as being compatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia.
Press-releases
- The Constitutional Court recognises that confiscation of criminally acquired property within the framework of insolvency proceedings does not infringe the principle of legal equality in relation to the creditor; in the remaining part of the case, the Constitutional Court terminates the proceedings
- A case initiated with regard to the provisions that set out the procedure for confiscating criminally acquired property