Database of Legislation

Chapter 66

Extradition of a Person to a Foreign State

Section 696. Grounds for the Extradition of a Person

(1) 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 law of Latvia and the foreign state, is criminal.

(2) A person may be extradited for criminal prosecution, or trial, regarding an offence the committing of which provides for a punishment of deprivation of liberty the maximum limit of which is not less than one year, or a more serious punishment, if the international agreement does not provide otherwise.

(3) 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, if the international agreement does not provide otherwise.

(4) If extradition has been requested regarding several criminal offences, but extradition may not be applied for one of such offences because such offence does not comply with the conditions regarding the possible or imposed punishment, the person may also be extradited regarding such criminal offence.

Section 697. Reasons for a Refusal to Extradite a Person

(1) The extradition of a person may be refused, if:

1) a criminal offence has been committing completely or partially in the territory of Latvia;

2) the person is being held as a suspect, is accused, or is being tried in Latvia regarding the same criminal offence;

3) a decision has been taken in Latvia to not commence, or to terminate, criminal proceedings regarding the same criminal offence;

4) extradition has been requested in connection with political or military criminal offences;

5) a foreign state requests the extradition of a person for the execution of a punishment imposed in a judgment by default, and a sufficient guarantee has not been received that the extradited person will have the right to request the repeated adjudication of the case;

6) extradition has been requested by a foreign state with which Latvia does not have an agreement regarding extradition.

(2) The extradition of a person shall not be admissible, if:

1) the person is a Latvian citizen;

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 for believing that the rights of the person may be violated due to the referred to reasons;

3) a court adjudication has entered into effect in Latvia in relation to the person regarding the same criminal offence;

4) the person may not, in accordance with a 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) the person has been granted clemency, in accordance with the procedures specified by law, regarding the same criminal offence;

6) the foreign state does not provide a sufficient bail that such state will not impose the death punishment on such person and execute such punishment;

7) the person may be threatened with torture in the foreign state.

(3) An international agreement may provide for other reasons for a refusal of extradition.

Section 698. Person to be Extradited and his or her Rights

(1) A person to be extradited is a person whose extradition has been requested or who has been detained or placed under arrest for the purpose of extradition.

(2) A person to be extradited has the following rights:

1) to know who has requested his or her extradition and regarding what his or her extradition has been requested;

2) to use a language that he or she understands in the extradition proceedings;

3) to provide explanations in connection with extradition;

4) to submit requests, also requests regarding a simplified extradition;

5) to familiarise him or herself with all materials of the examination;

6) to retain an advocate for the receipt of legal assistance.

Section 699. Detention of a Person for the Purpose of Extradition

(1) An investigator or public prosecutor may detain a person for up to 72 hours for the purpose of extradition, if there are sufficient grounds for believing that such person has committed a criminal offence in the territory of another state regarding which extradition has been provided for, or if the a foreign state has announced a search for such person and issued a request for temporary arrest or extradition.

(2) An investigator or public prosecutor shall write a protocol regarding the detention of a person for the purpose of extradition, indicating therein the given name, surname, and other necessary personal data of the detained person, the reason for the detention, as well as when such person was detained and who detained such person. The detaining person and the person to be extradited shall sign the detention protocol.

(3) A detaining person shall inform a person to be extradited regarding the rights thereof, a notation in the detention protocol shall be made regarding such informing.

(4) The Prosecutor General’s Office shall be informed immediately, but not later than within 24 hours, regarding the detention of a person by sending to such Office the detention documents of such person. The Prosecutor General’s Office shall inform the state that announced a search for the person.

(5) If temporary or extradition arrest has not been applied within 72 hours from the moment of the detention of a person, the detained person shall be released or another security measure shall be applied.

Section 700. Grounds for the Application of Temporary Arrest

(1) Temporary arrest may be applied to a person to be extradited on the basis of a request of a foreign state regarding temporary arrest and up to the receipt of an extradition request.

(2) If a request regarding temporary arrest indicates a decision of a foreign state on arrest of the person or a valid judgment in relation to such person, or indicates that the foreign state will issue an extradition request and the criminal offence regarding which extradition will be requested, or if information has been provided regarding the person to be extradited or if circumstances are not known that would exclude the possibility of extradition, a public prosecutor shall submit a proposal regarding the application of temporary arrest and materials justifying such proposal to the investigating judge in whose territory of operation the person has been detained or the Prosecutor General’s Office is located.

Section 701. Application of Temporary Arrest

(1) A judge shall decide on the application of temporary arrest in a court session, with the participation of a public prosecutor and the person to be extradited.

(2) Having heard a public prosecutor, a person to be extradited, and an advocate, if he or she participates, a judge shall take a reasoned decision that shall not be subject to appeal.

(3) Temporary arrest shall be applied for 40 days from the day of the detention of a person, if an international agreement does not specify otherwise.

(4) A public prosecutor may release a person from temporary arrest, if a request of a foreign state regarding the extradition of such person, or a report regarding justified reasons for the delay of such request, has not been received within 18 days after the detention.

(5) A public prosecutor shall release a person from temporary arrest, if:

1) an extradition request is not received within 40 days;

2) an extradition arrest is not applied within 40 days;

3) circumstances have become known that exclude the possibility of extradition.

(6) The release of a person shall not cause impediments to the repeated placing under arrest or extradition of such person, if a request regarding extradition is received later.

Section 702. Extradition Arrest

(1) An extradition arrest shall be applied after a request regarding the extradition of a person has been received along with the following:

1) a request of a foreign state regarding the arrest of such person or a judgment that has entered into effect in relation to the concrete person;

2) a description of a criminal offence or a decision on holding of 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.

(2) If circumstances are not known that exclude the possibility of extradition, the executor of an examination shall submit a proposal regarding an extradition arrest and the materials that justify such proposal to an investigating judge in whose territory of operation the person was detained or the Prosecutor General’s Office is located.

(3) A proposal regarding an extradition arrest shall be adjudicated in accordance with the same procedures as a request regarding temporary arrest.

(4) If a person to be extradited is placed under arrest in Latvia or serving a punishment in Latvia imposed regarding the committing of another criminal offence, the term of the extradition arrest shall be counted from the moment of the releasing of the person.

(5) The term of the arrest of a person to be extradited shall not exceed one year, and, in addition, shall not be longer than the term of a punishment imposed in a foreign state, if such term is less than one year, counting from the moment of the application of the detention or arrest.

Section 703. Informing of a Foreign State regarding Arrest

The Prosecutor General’s Office shall inform the state that submitted a request regarding the arrest, or release from arrest, of a person to be extradited.

Section 704. Examination of an Extradition Request

(1) Having received a request of a foreign state regarding the extradition of a person, the Prosecutor General’s Office shall commence an examination of such request. A public prosecutor shall ascertain whether the grounds for the extradition of a person specified in Section 696 of this Law, and the reasons for the refusal of the extradition of a person specified in Section 697 of this Law, exist.

(2) If a request does not have sufficient information in order to decide a matter regarding extradition, the Prosecutor General’s Office shall request from the foreign state the necessary additional information for determining the term for the submission of information.

(3) An examination shall be completed within 20 days from the day of the receipt of an extradition request. If additional information is necessary for the examination, the term shall be counted from the day of the receipt of such extradition request. The Prosecutor General may extend the examination term.

(4) A public prosecutor shall acquaint a person to be extradited with the extradition request within 48 hours from the moment of the receipt thereof, and provide the relevant person with the opportunity to provide explanations. If the person to be extradited has not been detained or placed under arrest and within 48 hours from the moment of the receipt of an extradition request a public prosecutor has encountered the conditions referred to in Section 697, Paragraph two of this Law, the extradition request shall be presented to the person within 20 days.

(5) During an examination, a public prosecutor may perform all the investigative actions provided for in criminal proceedings.

Section 705. Completion of an Examination

(1) Having assessed the grounds and admissibility for the extradition of a person, a public prosecutor shall take a reasoned decision on following:

1) the admissibility of the extradition of the person;

2) a refusal to extradite the person.

(2) If a decision has been taken on admissibility of the extradition of a person, a copy of the decision shall be issued to such person.

(3) A person to be extradited may appeal a decision on admissibility of extradition to the Supreme Court within 10 days of the day of the receipt thereof. If the decision is not appealed, such decision shall enter into effect.

(4) The Prosecutor General’s Office shall notify the relevant person and foreign state regarding a decision on refusal to extradite a person. A prosecutor shall immediately release such person from temporary or extradition arrest.

Section 706. Adjudication of a Complaint Regarding the Admissibility of Extradition

(1) A panel of three judges of the Chamber of Criminal Cases of the Supreme Court shall adjudicate a complaint regarding the admissibility of extradition.

(2) A judge who has been assigned to make an account shall request examination materials from the Prosecutor General’s Office and determine the term of the adjudication of a complaint.

(3) The Prosecutor General’s Office, the submitter of a complaint, and his or her advocate shall be notified regarding the term of the adjudication of the complaint and the right to participate in the court session. If necessary, a court shall request other necessary materials and summon persons for the provision of explanations.

(4) The submitter of a complaint shall be ensured the opportunity to participate in the adjudication of the complaint.

(5) If the advocate of a person to be extradited has not arrived, without a justifiable reason, another advocate shall be summoned for the provision of legal assistance, if the person wishes to receive legal assistance.

Section 707. Court Decisions

(1) Having heard the submitter of a complaint, his or her advocate, and a public prosecutor, a court shall retire to deliberate, and take one of the following decisions:

1) to leave a decision of the public prosecutor unmodified;

2) to revoke a decision of the public prosecutor and find extradition to be inadmissible;

3) to transfer the extradition request for additional examination.

(2) A court decision shall not be subject to appeal.

(3) A court shall send a decision and materials to the Prosecutor General’s Office.

(4) If a court finds extradition to be inadmissible, the relevant person shall immediately be released from arrest.

Section 708. Decision on Extradition of a Person to a Foreign State

(1) The Prosecutor General’s Office shall send a decision that has entered into effect regarding the admissibility of the extradition of a person, together with examination materials, to the Ministry of Justice.

(2) The Cabinet shall take a decision, on the basis of a proposal of the Minster for Justice, on extradition of a person to a foreign state.

(3) The Cabinet may refuse extradition only if one of the following circumstances exists:

1) the extradition of the person may harm the sovereignty of the State.

2) the offence is considered political or military;

3) there are sufficient grounds for believing that extradition is related to the aim of prosecuting the person due to his or her race, religious affiliation, nationality, gender, or political views.

(4) The Ministry of Justice shall inform a person to be extradited, the relevant foreign state, and the Prosecutor General’s Office regarding a taken decision.

(5) The Ministry of the Interior shall fulfil a decision on extradition of a person.

(6) As soon as a decision has been received on refusal to extradite a person, the Prosecutor General’s Office shall immediately release the person from arrest.

Section 709. Extradition on the Basis of a Request of Several States

(1) If the Prosecutor General’s Office has received several extradition requests in relation to one and the same person, an examination of such requests shall be merged in one proceedings, if a decision on following has not been taken:

1) extradition of the person;

2) a refusal to extradite the person;

3) the admissibility of the extradition of the person.

(2) If a decision on extradition of a person has been taken, a request received later shall not be satisfied. The state that submitted the request shall be notified thereof.

(3) If a decision on admissibility of extradition has entered into effect at the moment of the receipt of a request of another foreign state, such decision shall not be submitted to the Cabinet until the completion of an examination of a request received later.

(4) If several foreign states have requested extradition, the Cabinet shall, on the basis of a request of the Minister for Justice and taking into account the nature of the offence, the place of the committing thereof, and the order of the receipt of the requests, determine the state to which the person shall be extradited.

Section 710. Transfer of a Person being Extradited

(1) The Ministry of the Interior shall inform a foreign state regarding the time and place of the transfer of a person being extradited, and also regarding the term during which the person was being held under arrest.

(2) The Ministry of the Interior shall come to an agreement with a foreign state regarding another transfer date, if transfer may not take place on the previously specified date due to reasons that are independent of the will of the states.

(3) If a foreign state does not take over a person being extradited within 30 days from the specific date of extradition, a public prosecutor shall release such person from arrest.

Section 711. Transfer of a Person for a Term or the Deferral of the Transfer of a Person

(1) If criminal proceedings commenced against a person being extradited must be completed, or a punishment imposed on such person must be fulfilled, in Latvia after a decision has been taken on extradition of the person, the Prosecutor General or Minister for Justice may, in accordance with this Paragraph of the Law, defer the transfer of the requested person to the foreign state.

(2) If the deferral of a transfer may cause a limitation period of the term of criminal liability or hinder the investigation of the criminal offence in a foreign state, and such transfer does not interfere with the performance of court proceedings in Latvia, the Minster for Justice may transfer a person to a foreign state for a term, determining the term for return transfer.

Section 712. Repeated Extradition

If an extradited person evades criminal prosecution or a punishment in a foreign state and has returned to Latvia, such person may be repeatedly extradited on the basis of a request of the foreign state and based on a previously taken decision on extradition.

Section 713. Simplified Extradition

(1) A person may be extradited to a foreign state in accordance with simplified procedures, if:

1) the written consent of the person to be extradited has been received for the extradition thereof in accordance with simplified procedures;

2) the person to be extradited is not a Latvian citizen;

3) [29 June 2008].

(11) A person being extradited has the right to waive his or her rights to be held criminally liable and tried only for the criminal offences regarding which he or she is being extradited.

(2) A person being extradited shall certify his or her consent for extradition in accordance with simplified procedures and waiving of his or her rights to be held criminally liable and tried only for the criminal offences regarding which he or she is being extradited, to a public prosecutor in the presence of an advocate before a decision is taken on admissibility of extradition.

(3) After the receipt of consent, a public prosecutor shall ascertain only that which is referred to in Paragraph one of this Section, and immediately submit to the Prosecutor General the materials related to extradition.

(31) A person being extradited may withdraw his or her consent for extradition in accordance with simplified procedures in accordance with Paragraph four of this Section and waiving of his or her rights to be held criminally liable and tried only for the criminal offences regarding which he or she is being extradited, – until transfer of the person being extradited.

(4) The Prosecutor General shall take one of the following decisions:

1) on extradition of a person;

2) on refusal to extradite a person;

3) on non-application of simplified extradition.

(5) A decision taken by the Prosecutor General shall not be subject to appeal.

(6) A foreign state and a person to be extradited shall be informed regarding the extradition of the person or a refusal to extradite such person, and the relevant decision shall be transferred to the Ministry of the Interior for execution.

Section 714. Extradition of a Person to a European Union Member State

(1) A person located in the territory of Latvia may be extradited to a European Union Member State for the commencement and performance of criminal prosecution, trial, and the execution of a judgment, if the foreign state has taken a European arrest warrant in relation to such person, and the grounds for extradition referred to in Section 696 of this Law exist.

(2) If a person has been extradited regarding an offence referred to in Annex 2 to this Law, and if, regarding the committing of such offence, a punishment of deprivation of liberty is provided for in the state that took the European arrest warrant the maximum limit of which is not less than three years, an examination regarding whether such offence is also criminal on the basis of the Latvian law shall not be conducted.

(3) If a European arrest warrant has been taken in a foreign state regarding a Latvian citizen, then the extradition of such person shall take place with the condition that the person be transferred back to Latvia, after the conviction thereof, for the serving of a punishment of deprivation of liberty imposed on such person. Execution of the imposed punishment shall take place in accordance with the procedures specified in Sections 782-801 of this Law.

(4) The extradition of a person may be refused, if:

1) the reasons referred to in Section 697, Paragraph one, Clauses 1-3 of this Law exist;

2) the person may not, in accordance with a Latvian law regarding the same criminal offence, be held criminally liable, tried, or have a punishment executed due to a limitation period;

3) the offence has been committed outside of the territory of the state that has taken a European arrest warrant, and such offence, in accordance with Latvian law, is not criminal.

(5) The extradition of a person shall not be admissible, if:

1) in accordance with Latvian law, the person may not be held criminally liable, tried, or punished in connection with amnesty;

2) the person has been convicted regarding the same criminal offence and has served or is serving a punishment in one of the European Union Member State, or such punishment may no longer be executed;

3) the person has not reached the age at which, in accordance with Latvian law, criminal liability comes into effect.

4) the extradition of a Latvian citizen is requested for the execution of a punishment imposed by a European Union Member State.

Section 715. Conditions related to the Extradition of a Person to a European Union Member State

(1) A person being extradited has the rights referred to in Section 698 of this Law, as well as the right to agree or not agree to an extradition, and the right to be held criminally liable and be tried only regarding criminal offence regarding which he or she is being extradited, except for the cases provided for in Section 695, Paragraph two of this Law.

(2) A person being extradited shall certify his or her consent for extradition and waiving of his or her rights to be held criminally liable and tried only regarding the criminal offences regarding which he or she is being extradited, to a public prosecutor in the presence of an advocate, and a protocol shall be written regarding such certification.

(3) If a person being extradited is a Latvian citizen, such person has the right to waive the rights that guarantee that the Latvian citizen, after the conviction thereof in a European Union Member State, be transferred back to Latvia for the serving of an imposed punishment. If a citizen of Latvia does not waive such rights, the Prosecutor General’s Office shall request the referred to guarantee to the state which has taken a European arrest warrant.

(31) If a person being extradited was not informed beforehand that criminal proceedings have been initiated against him or her in a European Union Member State and an adjudication was taken in his or her absence (in absentia), such person may request that he or she is issued a copy of the judgment. Upon the request of the person being extradited the Prosecutor General’s Office shall request the relevant European Union Member State to ensure the availability of the judgment. Such request of the person being extradited shall not delay his or her extradition.

(4) The course of the term of the execution of a European arrest warrant in relation to a person who has criminal-procedural immunity shall commence from the moment when such person loses the immunity in accordance with the procedures specified by law. The proposal to revoke criminal procedural immunity shall be submitted to the competent authority by the Prosecutor General’s Office.

(5) Latvia shall accept European arrest warrants for execution in the Latvian or English language.

Section 716. Examination in relation to the Extradition of a Person to a European Union Member State

(1) Having received a European arrest warrant, the Prosecutor General’s Office shall organise an examination thereof.

(2) A public prosecutor shall conduct an examination in accordance with the procedures specified in Section 704 of this Law by ascertaining whether grounds exist for the extradition of a person and whether the reasons specified in Section 714 of this Law exist for a refusal of the extradition of the person.

(21) If a person agrees to the extradition, an examination shall be completed within 10 days from the day of receipt of a European arrest warrant.

(3) If the Prosecutor General’s Office has simultaneously received extradition requests from the third countries and a European arrest warrant from European Union Member States in relation to one and the same person, the examination of such decision shall be merged in a single proceeding, if a decision has not been taken on extradition of the person or on refusal to extradite the person. In adjudicating simultaneously received requests regarding the extradition of a person, and in deciding a matter regarding which state is to be given privilege, the seriousness of the offence, the place and time of the committing thereof, and the order of the receipt of the requests shall be taken into account.

Section 717. Detention and Placing under Arrest of a Person to be Extradited to a European Union Member State

(1) The detention of a person for the purpose of extradition shall take place in accordance with the procedures specified in Section 699 of this Law, if there is a sufficient grounds for belief that he or she has committed a criminal offence in the territory of another state regarding which extradition is provided for or, if a European arrest warrant has been taken regarding such person or if a report has been posted in the international search system regarding the existence of such decision.

(2) If circumstances are not known that exclude the admissibility of the extradition of a person, the executor of an examination shall submit a proposal regarding the application of an extradition arrest and a European arrest warrant to the district (city) court in the territory of operation of which the person was detained or the Prosecutor General’s Office is located.

(3) An extradition arrest shall be applied in accordance with the procedures specified in Section 701 of this Law for 80 days from the day of the detention of a person taking into account the provisions of Section 702, Paragraph four of this Law. In exceptional cases, a court may extend such term one more time by 30 days. The Prosecutor General’s Office shall inform the competent authority of the state that took a European arrest warrant regarding the reason for the delay in the execution of the decision.

Section 718. Temporary Operations up to the Taking of a Decision

If a European Union Member State has taken a European arrest warrant in order to ensure the criminal prosecution of a person, the Prosecutor General’s Office shall, before a decision is taken on extradition or non-extradition of the person and on the basis of a request of the competent judicial authority of the Member State, interrogate the person, with the participation of a person chosen by the competent judicial authority of the Member State, or shall agree to the temporary relocation of the person, determining the time of return.

Section 719. Extradition to a European Union Member State of a Person Extradited by a Foreign State

(1) An extradited person may be transferred further to another European Union Member State in cases where the state, in extraditing the person, had agreed to the further extradition of such person.

(2) If a European arrest warrant has been received in relation to a person who has been extradited to Latvia by another state without giving consent for the further extradition of the person, the Prosecutor General’s Office shall turn to the state that extradited the person in order to receive consent for the further extradition of the person to a European Union Member State.

Section 720. Decision on Extradition of a Person to a European Union Member State

(1) The Prosecutor General’s Office shall take a decision on extradition or non-extradition of a person to a foreign state. The decision on extradition of a person shall not be subject to appeal, if the person has agreed to the extradition.

(2) If a person to be extradited does not agree to the extradition, the Prosecutor General’s Office may appeal the decision on extradition to the Chamber of Criminal Cases of the Supreme Court within 10 days from the day of the receipt thereof.

(3) The Chamber of Criminal Cases of the Supreme Court shall adjudicate a complaint regarding a decision of the Prosecutor General’s Office in accordance with the procedures specified in Sections 706 and 707 of this Law, and send the taken decision to the Prosecutor General’s Office within 20 days from the day of the receipt of the complaint.

Section 720.1 Consent of the Competent Authority of Latvia for Further Extradition, Criminal Prosecution and Trial of a Person

The competent authority shall, within 20 days after receipt of a request of a European Union Member State, decide on a consent for further extradition of an extradited person to a European Union Member State, as well as for criminal prosecution, trial and execution of a punishment for other offences committee before extradition.

Section 721. Execution of a Decision on Extradition of a Person to a European Union Member State

(1) The Prosecutor General’s Office shall immediately send to the Ministry of the Interior for execution a decision that has entered into effect regarding the extradition of a person.

(2) The execution of a decision for the extradition of a person shall take place in compliance with the conditions provided for in Section 710, Paragraphs one and two of this Law.

(3) After the taking of a decision on extradition of a person, the Prosecutor General’s Office may defer the extradition of the relevant person to a European Union Member State for the completion of criminal proceedings commenced in Latvia or the serving of an imposed punishment, or due to serious humanitarian reasons, if there is a justified reason for thinking that extradition in the concrete situation would clearly endanger the life or health of the person. The Prosecutor General’s Office shall inform the competent judicial authority of the European Union Member State regarding the decision to defer extradition, and shall come to an agreement regarding another time for the transfer of the person. Upon mutual agreement with the Member State which takes the European arrest warrant, the Prosecutor General’s Office may temporarily transfer the person.

(4) If a person has not been taken over within 10 days from the day when a decision was taken on extradition thereof, or from the day regarding which an agreement was made with the competent judicial authority of a European Union Member State, a person shall be released from arrest.

(5) If a decision has been taken on non-extradition of a person, the Prosecutor General’s Office shall inform the competent judicial authority of a Member State regarding such decision.

Section 722. Transfer of Objects to a European Union Member State

(1) The Prosecutor General’s Office shall seize and transfer the following objects to a European Union Member State on the basis of a request of the Member State or on the basis of the initiative of such Prosecutor General’s Office.

1) objects that are necessary as material evidence;

2) objects that a person to be extradited has acquired as a result of an offence.

(2) Objects that are necessary as material evidence or which a suspected person has obtained as a result of offence shall be transferred even if a European arrest warrant may not be fulfilled due to the death or escape of a person to be extradited.

(3) If objects are necessary for the completion of criminal proceedings commenced in Latvia, a later transfer time may be specified for such objects. In transferring objects, the Prosecutor General’s Office may request that such objects be returned.