Kriminālprocesa likuma attīstība pierādījumu veidu, to īpašību un krimināllietu iztiesāšanas efektivitātes tvērumā

The approach, enshrined in the second paragraph of Article 131 (2) of the Latvian Criminal Procedure Law, stipulating that police officers’ service reports are ineffective as a testimony, needlessly hinders the trial of criminal cases, in which those officers are interrogated. Furthermore, judicial interrogation of police officers significantly impedes the performance of their daily primary duties. This approach needs to be revised, as the primary purpose of the service reports is to report on the performance of the official duties of police officers in criminal proceedings. These reports can be used as documents in criminal proceedings to prevent indisputable conflicts of interest from occurring, and, moreover, to reduce the need for police officers to be interrogated in court. • The exclusionary rule established in Article 130 (2) of the Latvian Criminal Procedure Law absolutely restricts the use of inadmissible evidence in proving. The Strasbourg Court’s case law treats admissibility from the perspective of fair proceedings, including the use of facts obtained in criminal proceedings. That is, whether the use of such evidence is consistent with a fair proceeding and with the public interest. The condition of inadmissibility laid down in the Article 130 (2) is disproportionate, it does not comply with the standard of use of evidence and fair proceedings enshrined in the European Convention on Human Rights and in the case law of the European Court of Human Rights and, in essence, in criminal matters prevents the use of credible but defectively obtained facts from reaching a fair settlement, including the public and victims’ interest in ensuring that perpetrators of criminal offences are properly prosecuted. • When interrogating a child in criminal proceedings, it is essential to ensure that it is carried out by a competent psychologist. In this way, the child is questioned accurately and responsibly, taking into account their best interests. At the same time, the objective of criminal proceedings is achieved, because the necessary information is obtained from the child in a professional manner and as leniently as possible, and their repeated interrogation is prevented. This generally ensures that the obtained facts are admissible and credible, not procedurally and substantively defective. • Article 489 of the Latvian Criminal Procedure Law contains a very effective tool that allows the parties of the case to agree not to re-interview a witness interviewed in pre-trial criminal proceedings and to use their testimony. Hereby the number of persons to be interrogated in court is significantly reduced. This clearly facilitates faster prosecution. However, the effectiveness of this tool depends on the professional work of the defence and the initiative of the court.