Kriminālprocesa likums Satversmes tiesas judikatūrā

The authors explain the key function and case law of the Constitutional Court of the Republic of Latvia in reviewing conformity of Criminal Procedure Law with the norms of higher legal force, namely, the Satversme or Constitution of the Republic of Latvia. Until May 2025, the Constitutional Court had examined 15 cases on compliance of norms of the Criminal Procedure Law. The authors note that a significant part of the case law of the Constitutional Court consists of cases in which legal norms regulating proceedings on criminally acquired property have been assessed. In these cases, the Constitutional Court has assessed and provided findings of issues relating to the right to obtain access to case materials, the right to prove the origin of property, and the right to submit evidence. The Constitutional Court has provided an interpretation of the institution of confiscation of property, explained the relevance of returning the property to the original owner, and assessed the appeal against a court decision. The current chapter also reflects the views of the Constitutional Court on other essential criminal procedural guarantees, such as the right to acquaint with the case materials in the cases on custody and in the cases on access to the investigation (operational activity) materials. The authors explain the principle of collegiality and the principle of reasoning applicable in the appeal procedure, giving insights into the findings of the Constitutional Court about reopening of criminal proceedings due to newly discovered circumstances and the calculation of the time limit for pre-trial criminal proceedings.