Kriminālprocesā aizskartais mantas īpašnieks: evolūcija un problemātika Latvijas kriminālprocesa tiesībās

The author of this chapter offers an overview of the introduction and development of a relatively new procedural participant in Latvian criminal procedure: the owner of property infringed by criminal proceedings, as a separate legal institution. Step by step, the chapter reflects the results of the legislator’s work, which have been expressed in the text of Section 1111 of the Criminal Procedure Law, and, to the extent possible, reveals the reasons and justification for its introduction and improvement. The chapter also provides insight into specific issues of the application of legal practice, drawn from the author’s personal professional experience in providing legal assistance to clients. Section 1 of the chapter is devoted to an overview of the reasons and grounds, based on which the infringed owner of the property “enters” into the law. Section 2 is dedicated to an overview of the improvement of the rights and obligations of participants in this process, which have arisen in the course of amendments to the law. Inter alia, the section focuses on the issues that, in the author’s view, derive from the circumstances in which restrictions on the disposal of property are imposed. Furthermore, the issues relating to the granting of power of attorney to representatives of the owner of the property are also considered. The chapter closes with a summary of the discussed issues, outlining the circumstances in which, in the author’s view, this legal institution should be developed further.