General Part

Chapter IV
Punishment

Section 38. Deprivation of Liberty

(1) Deprivation of liberty is the compulsory imprisonment of a person.

(2) Deprivation of liberty shall be determined for a term of not less than fifteen days and not exceeding fifteen years, but for especially serious crimes – for a term not exceeding twenty years.

(2 1) In cases specifically provided for in this Law, temporary deprivation of liberty for a term not exceeding three months may be determined for criminal violations and crimes, for which deprivation of liberty for a term not exceeding five years is provided for in this Law.

(3) In cases specifically provided for in this Law, deprivation of liberty may be determined for life (life imprisonment).

(4) The term of deprivation of liberty shall be determined in years and months, but in cases provided for in this Law, also in days.

General Part

Chapter IV
Punishment

Section 41. Fines

(1) A fine is a monetary amount, which a court or a public prosecutor, shall impose to be paid in favour of the State within 30 days in the amount set out in this Section as a basic punishment, but the court also as an additional punishment.

(2) A fine as a basic punishment proportionate to the harmfulness of the criminal offence and the financial status of the offender shall be determined :

1) for a criminal violation – for an amount of three and not exceeding one hundred times the minimum monthly wage prescribed in the Republic of Latvia ;
2) for a less serious crime – for an amount of five and not exceeding one hundred and fifty times the minimum monthly wage prescribed in the Republic of Latvia ;
3) for a serious crime for which deprivation of liberty for a term not exceeding five years is provided for in this Law – for an amount of ten and not exceeding two hundred times the minimum monthly wage prescribed in the Republic of Latvia.

(2 1) A fine shall be determined for an amount of the minimum monthly wage prescribed in the Republic of Latvia at the time of preparation of the judgment, indicating the amount of the fine in the monetary units of the Republic of Latvia in the judgement. A public prosecutor may impose a fine in the amount of not more than a half of the amount of the maximum fine provided for in Paragraph two of this Section, taking into account the minimum monthly wage prescribed in the Republic of Latvia at the time, when the injunction regarding punishment is drawn up, and indicating the amount of this fine in the monetary units of the Republic of Latvia in the injunction regarding punishment.

(2 2) According to the harmfulness of the criminal offence and the financial status of the offender a court may determine a fine as a basic punishment also for the commission of such serious crime, for which deprivation of liberty for a term not exceeding five years is provided for in this Law, and the commission of an especially serious crime, if the crime has not resulted in death of a human being, has not caused serious bodily injuries or disorders of psychical nature to at least one person or less serious bodily injuries or disorders of psychical nature to several persons, is not related to violence or threat of violence, is not related to illegal handling of narcotic and psychotropic substances and has not been committed in an organised group, for an amount of two hundred and one and not exceeding four hundred times the minimum monthly wage prescribed in the Republic of Latvia.

(3) A fine as an additional punishment proportionate to the harmfulness of the criminal offence and the financial status of the offender shall be determined for an amount of not less than three, and not exceeding one hundred times of the minimum monthly wage prescribed in the Republic of Latvia at the time of preparation of the judgement, indicating the amount of the fine in the monetary units of the Republic of Latvia in the judgment.

(4) The financial status of the offender shall be determined evaluating not only his or her possibilities to pay the fine immediately, but also the possibilities to acquire foreseeable income which could provide the possibility for him or her to pay the fine imposed within the time period prescribed by the Law.

(5) A court or public prosecutor as appropriate may divide the payment of the fine into terms or suspend the payment for a time period which is not longer than a year from a day when a judgement or the injunction regarding punishment has come into legal force.

(6) If a fine is not paid, then, in the cases where the amount specified does not exceed thirty times the minimum monthly wage, temporary deprivation of liberty shall be substituted for it, calculating one minimum monthly wage as four days of temporary deprivation of liberty, however, not exceeding three months of temporary deprivation of liberty ; if the fine has been set for an amount of thirty one and not exceeding two hundred times the minimum monthly wage, deprivation of liberty shall be substituted for it, calculating one minimum monthly wage as four days of deprivation of liberty, however, not exceeding one year of deprivation of liberty ; if the fine has been set for an amount exceeding two hundred times the minimum monthly wage, deprivation of liberty shall be substituted for it, calculating one minimum monthly wage as five days of deprivation of liberty, however, not exceeding five years of deprivation of liberty.

(7) If a fine or a part thereof is paid during the time a convicted person is serving a punishment of deprivation of liberty instead of a fine, the convicted person shall be released, or the term of deprivation of liberty shall be reduced, according to the portion of the fine paid. In reducing the term of the punishment as indicated, the time of deprivation of liberty shall be included in accordance with the proportions determined by a court.

Section 904. Execution of a Convicting Judgment of an International Court
(1) If an international court has determined that a custodial sentence of the convicted person is to be executed in Latvia, the competent authority shall immediately inform the international court of the possibility of the execution of the sentence or also of circumstances that might substantially influence the execution of the sentence in Latvia.

(2) A sentence shall be executed in accordance with the same procedures as the execution of a sentence imposed in criminal proceedings taking place in Latvia. A convicted person has the right to communicate with an international court without hindrance and confidentially, and the international court has the right to perform supervision of the execution of the sentence.

(3) Only an international court shall be permitted to reduce or change the amount of sentence determined by such court.

(4) During the execution of a sentence, the competent authority shall inform an international court at least 45 days in advance of the fulfilment of previously specified conditions and any circumstances that may substantially influence the provisions or period of imprisonment.

(5) If, after serving a sentence, a person does not have rights or is not given permission to remain in Latvia, such person shall be transported to another country that must accept such person or that agrees to accept such person, respecting the choice of the person.

(6) The criminal prosecution, punishing, or extradition to another country of a convicted person regarding an offence that such person committed before being conveyed for serving a sentence in Latvia may take place only with the consent of an international court, except where the person voluntarily remains in Latvia after serving the sentence for more than 30 days, or has left Latvia and then returned to Latvia.