If set of evidences provides grounds to hold the view that the property (funds), what has been seized or upon which an arrest has been imposed, is criminally acquired or related to a criminal offence and due to objective reasons the transfer of the criminal case to court is not possible in the near future, the person directing the proceedings takes a decision to initiate proceedings regarding criminally acquired property and transfer the materials to a court.

The judge, having received the decision to initiate proceedings regarding criminally acquired property shall determine the time and place of the court session, to summon the person directing the proceedings and a public prosecutor, as well as the person to whom property has been seized or an attachment has been imposed on the property, or another person who has the right to the property.

Court session has to take place within 10 days after receipt of a decision. Non-arrival of the summoned persons is not an obstacle for taking a decision on criminally acquired property.

The case materials in proceedings regarding criminally acquired property is an investigation secret, and the person directing the proceedings, a public prosecutor and a court examining the case may get acquainted with the case.

Other persons involved in the case may get acquainted with the case materials only with a permission of the person directing the proceedings and in the amount specified thereby.

In examining materials regarding criminally acquired property, a court shall decide:

1) whether the funds are criminally acquired or related to a criminal offence;

2) whether there is information regarding the owner or lawful possessor of the funds;

3) whether any person has lawful rights to the funds;

4) actions with the criminally acquired funds.

If court finds that the connection of funds with a criminal offence has not been proven or funds are not of criminal origin, court takes a decision to terminate the proceedings.

Court decision may be appealed within 10 days in a regional court.

To find out more about criminal procedure law and anti-money laundering matters in Latvia, please contact our lawyers at info@gencs.eu.

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