Scholarly record

THE SIGNIFICANCE OF THE PROSECUTION IN THE CRIMINAL PROCEDURE OF LATVIA

M. Sumbarova

Abstract

The improvement of the procedural guarantees of the inviolability of the person in the criminal procedure of Latvia in involving person as accused is associated with the further change of the legal regulation of issues, related to the determination of the grounds and after taking a decision, concerning the involvement as accused and lodging of charges, as well as the rights and obligations of the accused. Without lodging of charges, without the availability of persons in the criminal procedure, in respect of whom the issue of their prosecution is being decided, it is impossible to implement the objectives of the criminal procedure. The definition of the concept of the prosecution in the criminal procedure, its significance, as well as characteristics and analysis of the issues, related to the modification of charges are the key issues of this research. The modification of charges in the criminal procedure represents the possibility more fully, thoroughly, objectively to analyze and to present all facts and evidence, indicating the involvement of the person, in particular the accused in the committed criminal act. Important factors are the factors of the need to determine the role and significance of prosecution at each stage of the criminal procedure. Not only in Latvia, but also in other countries, as the analysis of the criminal cases has shown, it has been established that errors are often made, inaccuracies in drawing up the so-called “initial charge”. But the person, directing the process, the prosecutor has the possibility of their elimination by making changes in the accusation presented. The prosecution in the criminal procedure is the basis of the criminal procedure, contributes to the problem solving of the criminal procedure, the goals of the Latvian Criminal and Procedural Law, which consists in establishing of such an order of the criminal procedure, which provides the effective use of the provisions of the Criminal Law and the fair settlement of the criminal and legal relations without the undue interference in private life. The prosecution represents the subject of the charge, a description of the circumstances of the committed criminal act, the qualification of the criminal act, its nature. During the research suggestions were made on the change of the name of the decision, concerning the bringing of a person to criminal responsibility, as well as the terms of lodging charges and other changes, which will allow qualitatively investigating the criminal procedures and contributing to the further observance of the rights of a participant of the criminal procedure and human.

Publication Impact Profile

No metrics available.

PLUMX see details

DOI resolver: doi.org/10.5593/sgemsocialF2018/1.6/S02.039

Publication details

Back to publication list