Rights during trial - adequate preparation of defence

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 20. Right to Defence
(1) Each person regarding whom an assumption or allegation has been expressed that such person has committed a criminal offence has the right to defence, that is, the right to know what offence such person is suspected of committing or is being accused of committing, and to choose his or her position of defence.

(4) If a person who has the right to defence has not entered into an agreement on defence, but wishes the participation of the defence counsel, the State shall provide defence thereto and decide on the remuneration of the defence counsel from the State funds by completely or partially exempting the person from this payment.

Section 66. Rights of a Suspect

(1) From the moment when a person is notified that he or she is recognised as a suspect, such person has the fundamental rights determined in Section 60.2 of this Law, as well as the rights:

4) to submit applications regarding the performance of investigative actions and participation thereof;
5) to participate in investigative actions that are performed on the basis of an application of such person or his or her defence counsel, if such participation does not hinder the performance of investigative actions or does not infringe the rights of another person;
6) to receive a reasoned decision if the suspect has been refused participation in the investigative actions that are performed upon his or her request or upon request of his or her defence counsel;
7) to familiarise himself or herself with the decision to determine an expert-examination before transferring it for execution, if the expert-examination applies to such person, and to request the raising of additional questions regarding in relation to which the expert must give a conclusion, except in cases where an expert-examination has been determined during another investigative action;
8) to become familiar with the opinion of the expert-examination after receipt thereof, if the expert-examination has been performed subject to the application of the person;

Section 71. Rights of an Accused in a Court of First Instance

An accused in a court of first instance has the fundamental rights determined in Section 60.2 of this Law, as well as the right:

1) to find out the place and time of the trial in a timely manner;

Section 451. Right to Become Acquainted with the Materials of a Case

(1) An accused, his or her defence counsel, a representative of a legal person, a prosecutor, a victim, and his or her representative shall be permitted to familiarise themselves with materials that have been additionally attached to a criminal case after receipt thereof in a court, make extracts and true copies from such materials, and request the preparation of copies of those case materials, which infringe the interests and rights of this person, except in the cases provided for by law, but if objective necessity exists, such persons shall be permitted to familiarise themselves with all the materials of a criminal case and request the preparation of copies of those case materials, which infringe the interests and rights of this person. If, in completing the pre-trial criminal proceedings, a person has refused to familiarise himself or herself with materials of a case or to receive copies from such materials, it may be the grounds for recusal of the request.

(2) After completion of a case in a court of first instance or an appellate court the persons involved in the
proceedings whose interests are infringed by a particular criminal proceedings have the rights to familiarise themselves with those case materials which have come up in a case during examination thereof in the relevant instance of courts, or to receive copies of these materials.

(3) A representative or defence counsel, who has not participated in the relevant criminal proceedings previously, has the right to familiarise with the materials of a criminal case which refer to a person to be represented or defended by him or her, or to request to make copies of these materials.

Section 504. Completion of a Court Investigation

(2) If the time is necessary for participants to proceedings to prepare for court debates, a court shall take a decision on duration of this time period and shall enter it in the minutes of the court hearing.

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;