Public Prosecutor's Office Law



Chapter I
Objectives, functions and principles of operation of the Public Prosecutor's Office


Article 1. Public Prosecutor's Office and its objective


(1) Public Prosecutor's Office shall be an integral institution of judicial power that shall carry out supervision of law abeyance independently, within the limits of authority established by this law.

(2) The basic objective of the Public Prosecutor's Office shall be to react in the event of any violation of law and to ensure review of such violation in accordance with procedures set by the law.

(3) Public Prosecutor shall be such official of the Public Prosecutor's Office who hold any position mentioned in Article 30 of this law.


Article 2. Functions of the Public Prosecutor's Office.


The Public Prosecutor's Office shall:

1) supervise activities of inquiry institutions and operative activities of other institutions;

2) organize, conduct and perform pre-trial investigation;

3) initiate and carry out criminal prosecution;

4) prosecute on behalf of the State;

5) supervise implementation of penalties;

6) protect rights and lawful interests of persons and the State in accordance with procedures established by law;

7) submit claims and applications to courts in cases stipulated by law;

8) take part in court review of cases when required by law.


Article 3. Legal basis of activities of public prosecutor


The legal basis of activities of the public prosecutor shall be the Constitution, this law and other laws and regulatory acts.


Article 4. Organization principles of the Public Prosecutor's Office


(1) The Public Prosecutor's Office shall be a uniform centralized system of three level offices; it shall be administered by the Prosecutor General.

(2) Public Prosecutors of counterpart positions shall be mutually exchangeable. During temporary absence of the Prosecutor General, upon his/her instruction, one of Department Head Prosecutor shall act as the Prosecutor General. During temporary absence of any Head Prosecutor the Prosecutor General may instruct any public prosecutor of the respective Public Prosecutor's office to substitute for such prosecutor.

(3) Under the supervision of the Public Prosecutor's Office, In accordance with special laws, may be state institutions which do not execute the functions of the Public Prosecutor's Office but within the framework of its competence, using legal authority, promote the realization of criminal procedure tasks. The supervision of such state institutions is determined by this law and special laws.


Article 5. Basic principles of activities of public prosecutors
.

Any public prosecutor when considering any case, shall make his/her decisions independently and individually, based on his/her conviction and the law, and following the principles of equality of persons under the law and before the Court, presumption of innocence, the truth and lawfulness.


Article 6. Independence of public prosecutor


(1)In their activities public prosecutors shall be independent from any influence by any other institution or official of neither legislative nor executive branch and shall obey to laws only.

(2) It shall be prohibited to the Saeima, the Cabinet of Ministers, institutions of state or local government institutions, civil servants of state or local government institutions, enterprises and organizations of any type, and to persons to interfere in activities of Public Prosecutor's Office while it is investigating cases or performing any other functions of Public Prosecutor's Office.

(3) Complaints on activities of the public prosecutor may be submitted in cases referred to and in accordance with the procedure established by this law and procedural laws. Complaints on issues which are only under the authority of the Public Prosecutor's Office shall be submitted to the Head Prosecutor of the higher for one level Public Prosecutor's Office and regarding activities of the public prosecutor of the Prosecutor General Office - to the Prosecutor General. Decisions adopted by those officials shall be final.

(4) Senior public prosecutors shall have the right to take over under their jurisdiction any case; however, they may not instruct any prosecutor to perform any activity that is against his/her conviction.

(5) Public prosecutor shall be entitled to refuse to release any information on any examination or investigation materials that are under the review by Public Prosecutor's Office.

(6) It shall be prohibited to have demonstrations, pickets and other actions organized in the premises of Public Prosecutor's Offices.

(7) For attempts to influence public prosecutors by unlawful methods or to interfere in activities of the Public Prosecutor's Office, persons shall be liable according to law.


Article 7. Immunity of public prosecutors


(1) Initiation of criminal prosecution, detention, arrest, appearance by force and subjection to search of public prosecutors shall be performed in accordance with the procedure set by the law, immediately informing the Prosecutor General on the above.

(2) Public prosecutors shall not be detained in accordance with procedures set by the administrative procedural law. For administrative offenses committed, disciplinary penalties shall be imposed on public prosecutors.

(3) Information systems, means of communication including electronic means of communication, may be controlled, copied and interfered only with consent by the Prosecutor General.


Article 8. Rejection of public prosecutor
.

(1) Public prosecutor shall not participate in court proceeding concerning any case, and the public prosecutor shall not examine any application, where the judge or counsel in the respective case or any person whose activities are investigated by such public prosecutor on the basis on any application, is the spouse of such public prosecutor or any direct relative with no degree limitation of the same or his/her spouse, or related to such public prosecutor by side-line relation in first three degrees, or related to such public prosecutor in first two degrees of in-law relation, as well as in the cases anticipated in the Corruption Prevention Law. In the above mentioned cases such public prosecutor shall reject him/herself.

(2) In the event such public Prosecutor has not rejected him/herself any person whose rights or legitimate interests may be infringed, may initiate revocation of such public prosecutor that shall be submitted to any senior public prosecutor or to the Court.

(3) Application on revocation of such public prosecutor shall be reviewed in accordance with the procedure set by the law.


Article 9. Compulsory nature of public Prosecutor's requests
.

(1) Lawful request of the public prosecutor shall be compulsory to all persons in the territory of the Republic of Latvia.

(2) Persons shall be liable, as provided by the law, for failure to comply with any public prosecutor's request.


Article 10. Political neutrality of the public Prosecutor


The position of public prosecutor shall not be compatible with membership in any political party or other political organizations.


Article 11. Restrictions on activities of the public Prosecutor


[Deleted by the law of May 23, 1996]



Chapter II
Authority of the Public Prosecutor


Article 12. Supervision over activities of inquiry institutions and operative activities of other institutions


In accordance with procedures established by the Criminal Procedure Law and other laws, the public prosecutor shall supervise activities of inquiry institutions and operative activities of other institutions.


Article 13. Authority of the public Prosecutor during pre-trial investigation


The public prosecutor shall organize, conduct and carry out pre-trial investigation and provide instruction to inquiry institutions on performance of criminal search and of procedural actions.


Article 14. Prosecution on behalf of the State


(1) The public prosecutor shall prosecute on behalf of the State in all courts of the Republic of Latvia.

(2) It shall be public prosecutor's responsibility to submit protests on unlawful or unfounded court decisions in criminal cases.


Article 15. Supervision over implementation of imprisonment sentences


(1) In accordance with procedures set by the law, the public prosecutor shall supervise implementation of imprisonment sentences and places where the arrested, detained or guarded persons are held; the public prosecutor shall participate in trials on change of the imposed term or conditions of imprisonment.

(2) It shall be the right and the responsibility of the public prosecutor to make immediate decisions and to release from places of imprisonment or liberty restriction places any person illegally held in any of same.

(3) Any protest submitted by the public prosecutor about unlawfulness of any penalty imposed on any person who has been kept in imprisonment place in any liberty restriction institution shall suspend implementation of such penalty until such protest is considered.


Article 16. Protection of rights and lawful interests of persons and the state


(1) Upon discovering any information on violation of any law and in accordance with procedures provided by the law, the public prosecutor shall examine such information when:

1) such information contains any data on any crime;

2) the lawful interests and rights of incapacitated persons, persons with limited capability, handicapped, under age, imprisoned or unable to defend their rights otherwise, have been violated.

(2) It shall be the obligation of the public prosecutor to take all measures required for protection of rights and lawful interests of persons and the State when:

1) the necessity of such examination is confirmed by the Prosecutor General or any Head Prosecutor;

2) it is required by the President of State, the Saeima or the Cabinet of Ministers to examine any facts on any violation of law;

3) it is provided so by any other laws.

(3) The public prosecutor shall also examine the circumstances upon receipt of any application by any person or any violation of such person's rights or lawful interests and when such application has already been reviewed by a competent state institution and such state institution has refused to eliminate such violations or has not replied at all to such application within the period set by law. Such applications shall be submitted to the Public Prosecutor's Office and shall contain the following:

1) physical person's name, surname and place of residence of the applicant; legal entities shall indicate their name and place of location;

2) information on results of previous review of such application;

3) information on the violation;

4) date of submission.

(4) The applicant's signature and replies from any other institution or other documents or copies of same related to the application.

Article 17. Authority of the public Prosecutor while examining application


(1) While examining application in accordance with procedures set by law, the public prosecutor shall be entitled:

1) to require and receive any regulatory acts, documents and other information from state administration institutions, banks, the State Control, local governments, enterprises, institutions and organizations; and to enter premises of such institutions without any restriction;

2) to require examination, audit or expertise to be performed by directors of any institution, enterprise or organization or other officials, and submission of their opinion; and to have specialists' assistance during examinations performed by public prosecutor's;

3) to invite any person and to require any explanation on any violation of law; in the event such person fails to appear before public prosecutor upon invitation, the public Prosecutors may make a decision on appearance by force of such person, that shall be performed by the police.

(2) Upon discovering any violation of law and considering the type of such violations, the public prosecutor shall:

1) warn about impermissibility of such violation of law;

2) submit a protest or application on elimination of such violation of law;

3) submit a claim or application to the Court;

4) initiate criminal case;

5) initiate procedures for administrative or disciplinary liability.


Article 18. Warning by the Public Prosecutor

In the event actions of any person demonstrate indications of any violation of law or indications of any possibility of any unlawful action, the public prosecutor shall express warning in writing to such person on the impermissibility of such violation of law.


Article 19. Protest by the public prosecutor


(1) Protest shall be submitted on any legal enactments enacted by the Cabinet of Ministers, ministries, departments, or any other state administration institutions, banks, the State Control, local government institutions, inspection and state services, enterprises, institutions, organizations and officials, that are inconsistent with the law. Protests shall be submitted to the respective institution or official, who enacted such enactment or any higher institution or any official.

(2) Protest shall be reviewed and the public prosecutor shall be notified of the decisions made, within 10 days from the date such protest is received. In the event such protest is submitted to any collegium institution, the public prosecutor may set longer term for review.

(3) In the event of unreasonable rejection of such protest of failure to submit any reply, the public prosecutor shall be entitled to, within one month from expiration of the period for the public reviewing, to claim to the Court for revoking the unlawful enactment and for calling the responsible person liable according to law. Such claim of the public prosecutor shall suspend the operation of such enactment on which there is such protest submitted.


Article 20. Application by the public prosecutor


(1) In the event it is necessary to stop any unlawful action to eliminate consequences of such action or to prevent any violation, the public prosecutor shall submit an application in writing to the respective institution, enterprise, organization, official or person.

(2) The public prosecutor shall set the term for complying with the requirement expressed in the application and for replying, after considering the type of violation and the time period needed for eliminating the same.

(3) In the event the requirements expressed in such application are not complied with or there is no reply, the public prosecutor shall be entitled to submit a claim to the Court or other institution of respective competency, to determine such persons liable according to law.


Article 21. Other authorities of the Public Prosecutor


(1) In the event the public prosecutor have discovered any violation of law that has no indications of crime and warnings, protests or applications by public prosecutor have not been successful or it has not been possible to reestablish the violated lawfulness, the public prosecutor shall submit to the Court a claim.

(2) When reviewing and deciding cases, the public prosecutor shall also have other rights and obligations provided in procedural laws.


Chapter III
Structure of the Public Prosecutor's Office



Article 22. Public Prosecutor's Offices


The Public Prosecutor's Office shall consist of the Office of the Prosecutor General, public prosecutors' offices of judicial regions, district (republic cities) public prosecutor offices and specialized public prosecutor offices. All the prosecutors' offices referred to in this Article shall have the rights of legal entities.


Article 23. Prosecutor General


(1) The Prosecutor General shall conduct and control the operation of public prosecutors' offices, shall regulate internal structures and number of staff in accordance with finances allotted from the state budget, and shall directly conducted the operation of the Office of the Prosecutor General.

(2) The Prosecutor General shall hire, release, and dismiss public prosecutors in the procedure stipulated by law. Orders, decrees and instructions issued by the Prosecutor General shall be binding on all public prosecutors. Regulatory acts enacted by the Prosecutor General may be revoked by the Senate of the Supreme Court of the Republic of Latvia, when such acts do not comply with the law.

(3) The Prosecutor General shall have the following rights:

1) to revoke unreasonable or unlawful decisions made by public prosecutors of the Office of the Prosecutor General and public prosecutors of judicial regions;

2) to suggest that the Plenum of the Supreme Court provide interpretation on law application;

3) to take part in the Supreme Court Plenum and to express opinions on matters reviewed there;

4) to perform functions of public prosecutor in all courts of the Republic of Latvia;

5) to participate in meetings of the Cabinet of Ministers and to express opinions there on issues discussed;

6) to participate in sessions of the Saeima and to express opinions on issues directly related to the activities of the Public Prosecutor's Office;

7) upon discovering any conflict with the Constitution and laws of any regulatory act enacted by the Cabinet of Ministers, the Prosecutor General shall file an application with the Constitutional Court;

8) to approve the procedure for statistical recording of information on crimes and pre-trial investigation;

9) in person and together with specially authorized prosecutors to inspect state institutions under supervision of the Public Prosecutor's Office;

10) also other rights provided by this law and other regulatory acts.

(4) The Prosecutor General shall inform the President of State, the Saeima and the Cabinet of Ministers of actual violations of law that are discovered and that are of national significance.


Article 24. Office of the Prosecutor General


(1) The Office of the Prosecutor General shall contain departments and divisions.

(2) Departments of the Office of the Prosecutor General shall be administered by department head prosecutors, divisions of the Office of the Prosecutor General shall be administered by division head prosecutors. Personnel of departments and divisions shall be composed of public prosecutors.


Article 25. Departments of the Office of the Prosecutor General


(1) Department head prosecutor of the Office of the Prosecutor General shall conduct activities of public prosecutors of his/her respective department and control the specific area in all public prosecutors offices.

(2) Department public prosecutors shall be entitled to perform the functions of the public prosecutor at sessions of the respective department of the Senate of the Supreme Court and at sessions of the Court Panels of the Supreme Court, in regional Courts and in district (cities) Courts.

(3) Department head prosecutors shall be entitled to participate in meetings of the Cabinet of Ministers and express their opinion there on compliance of regulatory acts reviewed with the Constitution and the law.


Article 26. Public Prosecutors' offices of judicial regions


(1) Public Prosecutors' offices of judicial regions shall be established by the Prosecutor General in accordance with territorial divisions provided by the law "On Judicial Power", such public prosecutors offices shall perform all functions of public prosecutor's office in the territory of each judicial region.

(2) The head prosecutor of regional public prosecutor's office shall conduct activities of regional public prosecutors and control activities of district and republic city public prosecutors' offices located in the territory of such judicial region. Regional public prosecutors' offices with more than 20 public prosecutors may have one deputy head prosecutor.

(3) Regional public prosecutors shall be entitled to perform functions of public prosecutor in cases under jurisdiction of regional Courts, and also in district (cities) Courts of the respective judicial region.

(4) Regional public prosecutors shall be entitled to participate in meetings of local government and its institutions located in the territory of the respective judicial region.


Article 27. District (republic cities) Prosecutors' offices


(1) Public prosecutor's offices of districts (republic cities) shall be established by the Prosecutor General in accordance with the administrative territorial division of the State and in the City of Riga - in accordance with the City of Riga judicial district. They shall perform all functions of the Public Prosecutor's Office in the territory of districts (republic cities) and shall be entitled to perform functions of public prosecutor in all cases under the jurisdiction of districts (republic cities) Courts.

(2) Activities of district (republic city) public prosecutors shall be conducted by Prosecutor. District (republic city) public prosecutors' offices with more than 20 public prosecutors may have one deputy head prosecutor.

(3) District (republic cities) public prosecutors shall be entitled to participate in meetings of local governments and their institutions.


Article 28. Specialized public prosecutors' offices


In the event of necessity, the Prosecutor General may establish a specialized branch public prosecutor's office. Specialized branch public prosecutor's offices may have a status of the district public prosecutor's office or the public prosecutor's office of judicial region.


Article 29. Council of Prosecutor General


(1) The Prosecutor General shall create a council in the composition of which are the supreme prosecutors of the Prosecutor General's Office departments and court districts, the administrative director of the Public Prosecutor's Office as well as other prosecutors and managers of the institutions under supervision of the Public Prosecutor's Office may be included.

(2) The Council of the Prosecutor General shall be an advisory collegium institution that shall discuss basic issues related to organization and operation of the Public Prosecutor's Office.

(3) The Council of the Prosecutor General shall establish the commissions for the testing and qualification of public prosecutors, approve regulations of these commissions and state institutions under supervision of the Public Prosecutor's Office and Prosecutor's Ethics Code.


Chapter IV
Public Prosecutors



Article 30. Positions of Public Prosecutors


Public prosecutors' offices shall have the following positions: Prosecutor General, department head prosecutors of the Office of the Prosecutor General, head prosecutor of division of the Office of the Prosecutor General, head prosecutor of judicial region, head prosecutor of district (republic city), deputy head prosecutors and public prosecutors in all levels of the Public Prosecutor's Office.


Article 31. Service ranks of Public Prosecutors


Depending on their positions, knowledge and experience, public prosecutors may be allotted the following service ranks:

1) candidate to justice advisor;

2) junior justice advisor;

3) justice advisor;

4) senior justice advisor;

5) state justice advisor;

6) Head State Justice Advisor.


Article 32. Procedure for allotment of service ranks to public Prosecutor


(1) The first service rank shall be allotted to public prosecutors upon their nomination for position, but each following service rank shall be allotted in relation to their position or outstanding service achievements. Normally, the next rank shall be allotted after a period of three years.

(2) To persons having moved to Public Prosecutor's Office from the Ministry of the Interior, courts, or other law enforcement institutions, upon their appointment for positions, service ranks shall be allotted considering their position, knowledge and experience.

(3) The rank of Head State Justice Advisor shall be allotted to the Prosecutor General by the Saeima upon nomination for the position. Other service ranks shall be allotted by the Prosecutor General on the basis of suggestions by the testing commission.

(4) Depending on the position, the highest service ranks shall be as follows:

Service / Rank / Position

Head State Justice Advisor Prosecutor General

State Justice Advisor department head Prosecutor, division head Prosecutor of the Office of the Prosecutor General

Senior Justice Advisor head Prosecutor of district (republic city), public Prosecutor of the Office of the Prosecutor General

Justice Advisor public Prosecutor of district (republic city) and of judicial region


Article 33. Candidates for positions of public Prosecutors


(1) Any citizen of the Republic of Latvia having the highest education in law (in the University of Latvia or any other higher education institution compatible with the University of Latvia in accordance with the opinion by the Faculty of Law of the University of Latvia), has had an in-service training in any public prosecutor's office and has passed the qualification examination, may apply for positions of candidates to public prosecutor.

(2) The Council of the Prosecutor General shall regulate the procedure for in-service training and on qualification examinations for candidates for positions of public prosecutors.


Article 34. Candidates for positions of district (republic city) head prosecutors, judicial regional public prosecutors and public prosecutors of the Prosecutor General Office


Persons having at least three years of experience in any position of public prosecutor, judge, advocate, investigator, or in the faculty of law in any institution of higher education, or at least five years of experience in the field of law, may be appointed for position of district (republic city) head prosecutor or public prosecutor of judicial region or public prosecutor of the Office of the Prosecutor General.


Article 35. Candidates for positions of department head prosecutor and division head prosecutor in the Office of the Prosecutor General


Appointed as a supreme prosecutor of the Prosecutor General's Office or department can be a person who has no less than three years term of service time in the Public Prosecutor's Office of the Republic of Latvia or in the Supreme Court.


Article 36. Candidate for the position of the Prosecutor General


As the Prosecutor general can be appointed a person who:

1) has worked as a judge of the Constitutional Court for no less than three years;

2) after January 1, 1993 for no less than three years has been working as a judge of the Supreme Court and who has at least the third degree of qualification;

3) for no less than three years has been working as a judge of a regional court and who has at least the third degree of qualification;

4) after September 26, 1990 for no less than five years has been worked at the position of prosecutor at the institutions of Public Prosecutor's Office.


Article 37. Persons who can not be appointed for positions of public prosecutors or for candidates to positions of public prosecutors


Persons who do not meet the requirements set by Paragraphs 1, 3, 5, 6, 7, 8 and 9 of Part 1, and Part 3 of Article 6 of the law "On State Civil Service", can not be appointed for positions of public prosecutors or for candidates to positions of public prosecutors.


Article 38. Procedure for appointment of Public Prosecutors


(1) Upon recommendation of the Chairman of the Supreme Court the Saeima shall affirm the Prosecutor General to office for five years.

(2) Head prosecutors shall be appointed by the Prosecutor General for five years, after considering the opinion of the testing commission.

(3) Other public prosecutors shall be appointed by the Prosecutor General for unlimited terms of authority. Prior to appointment and promotion of public prosecutors, the testing commission shall determine whether such person meets the requirements for such position.

(4) Information about nomination of the Prosecutor General, head prosecutors shall be published in the official newspaper.


Article 39. Releasing of Public Prosecutors


Public prosecutor shall be released from his/her positions in the following event;

1) at his/her own request;

2) upon election or appointment for any other position;

3) due to health condition in the event such problems make it impossible to continue to perform functions of public prosecutor;

4) when his/her term of authority expires.


Article 40. Basis for discharging prosecutors


(1) Public prosecutor shall be dismissed in the event:

1) the Prosecutor General discovers any facts that any requirement referred to in Article 37 of this law has not been observed;

2) the Prosecutor General discovers any facts that any restriction anticipated in the Corruption Prevention Law has not been observed;

3) such public prosecutor refuses to discontinue membership in any political party or political organization;

4) such public prosecutor had been sentenced, and judgment has become effective.

(2) Public prosecutor may be dismissed in the event:

1) of any intentional violation of law or negligence that is related to such person's actions in the capacity of public prosecutor and that has essential effects;

2) of any shameful action that is inconsistent with the status of public prosecutor;

3) such public prosecutor has reached the pension age set by state;

4) in the event it is stated by the testing commission that his/her professional skills are insufficient;

5) for deliberate non-fulfillment of office duties;

6) for grave violations of norms of the Prosecutors' Ethics Code.


Article 41. Procedure for release and dismissal of the Public Prosecutors


Prosecutors and Supreme prosecutors are dismissed or discharged from office by the Prosecutor General in the cases and procedure determined in this law.


Article 41.1 Basis for discharging the Prosecutor General


The Prosecutor General can be discharged from office if in the procedure determined in this law it is discovered that he/she:

1) does not conform to the requirements determined in Article 37 of this law;

2) is a member of a party or of a political organization;

3) did not observe certain of the restrictions determined in the Corruption Prevention Law;

4) when executing official duties has committed a deliberate violation of law or negligence as the result of which substantial harmful consequences have occurred;

5) permitted disreputable activity which is not compatible with his/her position.


Article 41.2 Termination of the authority of the Prosecutor General


(1) The authority of the Prosecutor General shall be terminated without a special decision if:

1) the Saeima has elected, appointed or affirmed him/her to another office simultaneously dismissing him/her from the former office;

2) the term of authority determined by law has expired;

3) a sentencing decision has taken effect;

4) death;

5) after three month from the day when he/she has submitted to the Supreme Court and to the Chairman of the Saeima an application for resignation from office.

(2) The authority of the Prosecutor General is terminated if the Saeima discharges the Prosecutor General from office in accordance with such a state of health which does not permit him/her to further execute the duties and this is affirmed (discovered) by a competent medical commission appointed by the Chairman of the Supreme Court.

(3) The authority of the Prosecutor General is terminated if the Saeima, in the procedure determined in this law, discharges him/her from office.

(4) In all the cases anticipated in this law for the termination of the authority of the Prosecutor General the Chairman of the Supreme Court shall determine which of the Supreme Prosecutors of the departments in the Prosecutor General's Office shall execute the duties of the Prosecutor General until the appointment of a new Prosecutor General.


Article 41.3 Procedure for discharging the Prosecutor General


(1) The Saeima can discharge the Prosecutor General from office if a judge of the Supreme Court especially authorized by the Chairman of the Supreme Court, when performing an investigation, has discovered any of the bases for discharging mentioned in Article 411 and the Senate of the Supreme Court has given a conclusion on it.

(2) An investigation can be recommended upon the initiative of the Chairman of the Supreme Court or upon the demand of the one-third of the Saeima deputies.

(3) In a recommendation shall be indicated:

1) the fact of a specific violation determined in Article 411 of this law;

2) the name and surname of the deputies who submitted the motion and the date of the signing of the motion.

(4) If the Chairman of the Supreme Court, when recommending an investigation, considers that the Prosecutor General's remaining in office can interfere with an unbiased review of the matter, he/she shall dismiss the Prosecutor General from office until the adoption of the final decision, determining which of the Supreme Prosecutors in the departments of the Prosecutor General's Office shall execute the duties of the Prosecutor General during this time.

(5) If the basis for discharging anticipated in Article 411 of this law is discovered, the Chairman of the Supreme Court shall send the materials of the investigation, with his/her and the Plenum's conclusion attached, to the Saeima for review.

(6) If a basis for discharging anticipated by law is not discovered, the Chairman of the Supreme Court shall so inform the Prosecutor General and the deputies who submitted the recommendation.


Article 42. Suspension of Public Prosecutor


In the event any public prosecutor permits a violation to occur that is related to his/her service and which requires dismissal of such public prosecutor, the Prosecutor General may suspend such public prosecutor until the issue is fully decided; and in the event of criminal liability, until decision is passed in such criminal case.


Article 43. Disciplinary liability of Public Prosecutor


(1) Public prosecutor may be subject to disciplinary liability according to labor legislative acts, as well as for the following events;

1) intentional violation of law while performing official duties;

2) intentional non-performance of official duties;

3) shameful acts that are not inconsistent with the position of public prosecutor;

4) administrative violation;

5) disregarding the rules of the Prosecutor's Ethics Code.

(2) Judgment of acquittal, of requiring additional investigation in criminal cases, or of revoking procedural decisions, shall not be a cause for disciplinary liability of public prosecutor unless such public prosecutor allow an intentional violation of law or negligence to occur, that caused essential consequences.


Article 44. Disciplinary penalties


(1) For violations anticipated in Article 43 of this law, the following disciplinary penalties may be imposed on public prosecutors:

1) notice;

2) reprimand;

3) reduction of prosecutor's salary up to 20 percent for a period of time which is not longer than six months;

4) demotion in service rank;

5) demotion in position;

6) dismissal (discharge).

(2) Only one disciplinary penalty may be imposed for one violation of law.


Article 45. Procedures for imposing and appealing disciplinary penalties


(1) The Prosecutor General shall be entitled to impose any disciplinary penalty on any public prosecutor.

Head prosecutors may impose notices and reprimands as disciplinary penalties to public prosecutors in their administered offices. In the event of a more serious violation such head prosecutor may submit suggestion to the Prosecutor General to impose other disciplinary penalties.

(2) Official having the right to impose disciplinary penalties shall consider documents delivered to him/her and demand explanations from public prosecutor when necessary, he/she may organize examination of the fact of disciplinary violation.

Prior to demotion in service rank or demotion in position, or dismissal, all materials received shall be submitted to the testing commission for their opinion.

(3) Disciplinary penalties may be imposed no later than one month after the date a violation is discovered, excluding examination period and the period when such public prosecutor has been absent due to an excused reason, but no later than six months after the date such violation is committed.

(4) Order on any disciplinary penalty imposed shall be presented to the responsible public prosecutor and other public prosecutors of respective office. The order shall be attached to the personnel records of such public prosecutor.

(5) In the event no new disciplinary penalty is imposed on such public prosecutor within one year after the first disciplinary penalty, other than dismissal, is imposed, it shall be deemed that no disciplinary penalty has ever been imposed on such public prosecutor. However, the previous service rank or previous position shall be restored only in accordance with testing procedures.

(6) An official having imposed any disciplinary penalty shall have the right to revoke it prior to expiration of the one year term. Such order shall be presented also to all other public prosecutors of respective office.

(7) A person may appeal the imposed to him/her disciplinary penalty to the Court.


Chapter V
Auxiliary Personnel of Public Prosecution Office



Article 46. Administrative director of the Public Prosecutor's Office


(1) The Administrative Director of the Public Prosecutor's Office shall be a state servant to be appointed, released, and dismissed by the Prosecutor General and who shall administer financial and supplies of the Public Prosecutor's Office and manage supplies provision for public prosecutor's offices.

(2) The administrative director shall hire, release, and dismiss service personnel of the public prosecutors' offices, shall organize their work, and shall be the Head of the Finances and Supplies Division of the Office of the Prosecutor General.

(3) A Service of Administrative Director in conformity with a balance of expenditures of institutions under supervision of the Public Prosecutor's Office, fixed salaries for employees and instruction of managers assure the financial and economic activity of those state institutions.


Article 47. Service personnel


Service personnel shall ensure technical and operational activities of the Public Prosecutor's Office. Service personnel shall report to the Public Prosecutor's Office's Administrative Director.


Article 48. Assistant to Public Prosecutor


(1) Assistant to public prosecutor shall meet visitors, accept their applications, take steps related to preparation for review of examination materials and case records, and fulfill other tasks as instructed by public prosecutors. Assistant to public prosecutor shall have no authority of public prosecutor.

(2) In accordance with the structure established by the Prosecutor General, assistant to public prosecutor shall be hired, released, and dismissed by the Prosecutor General upon the recommendation from the manager of the respective institution of the Public Prosecutor's Office.

(3) A person having at least secondary education in law or higher education other than in law may become assistant to public prosecutor.


Article 49. Advisory personnel


When necessary and in accordance with the structure established by the Prosecutor General, the Head prosecutor of the public prosecutor office shall have the right to hire specialists for indefinite periods or, as possible within their budget, for a period necessary to complete a specific task.


Chapter V (1)
State institutions under the supervision of the Public Prosecutor's Office



Article 49.1 Procedure for establishing state institutions under supervision of the Public Prosecutor's Office.


(1) In accordance with the special laws, state institutions under supervision of the Public Prosecutor's Office shall be established, reorganized and liquidated by the Prosecutor General. The Prosecutor General in conformity with allocated state budget funds shall also determine the structure and staff of such institutions.

(2) The regulation of state institutions under supervision of the Public Prosecutor's office shall be affirmed by the Council of the Prosecutor General.


Article 49.2 Procedure for appointing, employing, firing and discharging employees of state institutions under supervision of the Public Prosecutor's Office


(1) The manager of a state institution under supervision of the Public Prosecutor's Office for the term anticipated by law is appointed to office by the Prosecutor General. To discharge the manager of such institution from office during the course of the term of authority, the Prosecutor General may do so only because of the performance of criminal activity, deliberate violation of law or negligence which is connected with his/her professional activity which has caused substantial harm or because of a disreputable offense which is not compatible with status of a manager.

(2) Other employees of state institutions under supervision of the Public Prosecutor's Office are hired, fired or discharged by the manager of the institution.


Article 49.3 Salaries of employees of state institutions under supervision of the Public Prosecutor's Office

The system of payment for labor in state institutions under supervision of the Public Prosecutor's Office are determined by the Cabinet of Ministers, depending on functions. The social guarantees anticipated for officials apply to employees of such an institution.


Article 49.4 Procedure for realization of supervision


The supervision is executed by the Prosecutor General and his/her especially authorized Prosecutors. During the time of performance of the inspections mentioned, persons have the right to examine all information at the disposal of an institution, its bookkeeping, to demand explanations from employees, to give orders regarding prevention of permitted violations of the laws. If the adopted decisions are unlawful they may be revoked only by the Prosecutor General. The decision of the Prosecutor General may be appealed to the courts.


Chapter 6
Provision of the Public Prosecutor's Office



Article 50. Financing of Public Prosecutor's Office and state institutions under its supervision


The Public Prosecutor's Office and state institutions under its supervision are financed from the state budget and have separate expenditure balances.


Article 51. Supplies and technical supplies of the public Prosecutor's offices


The State shall provide the public prosecutors' offices with office space, means of communication, and adequate supplies and technical supplies.


Chapter VII
Remuneration and Guarantees to Public Prosecutor



Article 52. Remuneration to Public Prosecutors


(1) Remuneration to public prosecutors shall consist of the salary paid for such position, bonuses for the service rank, and other bonuses.

(2) According to their positions, the following salaries are provided to public prosecutors:

1) salary of the Prosecutor General shall be 95% of the salary of the Chief Judge of the Supreme Court and of extra payment for performing obligations of the Chief Judge;

2) salary of departments head prosecutors of the Office of the Prosecutor General shall be 95% of the salary of the Deputy Chief Judge of the Supreme Court and of the extra payment of performing responsibilities of Deputy Chief Judge;

3) salary of divisions head prosecutors of the Office of the Prosecutor General shall be 90% of the salary of the Deputy Chief Judge of the Supreme Court and of the extra payment for performing responsibilities of Deputy Chief Judge;

4) salary of public prosecutor of the Office of the Prosecutor General shall be 90% of the salary of judges of the Supreme Court;

5) salary of head prosecutors of judicial regions shall be 95% of the salary of the Chief Judges of the regional Courts;

6) salary of deputy head prosecutors of judicial regions shall be 95% of the salary of Deputy Chief Judges of the regional Courts;

7) salary of public prosecutor of judicial regions shall be 90% of the salary of judges of the regional Courts;

8) salary of head prosecutors of district (republic cities) public prosecutors offices shall be 95% of the salary of Chief Judges of district (republic city) Courts;

9) salary of deputy head prosecutors of district (republic city) public prosecutors offices shall be 95% of the salary of Deputy Chief Judges of district (city) Courts;

10) salary of district (republic city) public prosecutors shall be 95% of the salary of judges of district (city) Courts.

(3) Bonuses for services ranks of public prosecutors shall be equal to extra payment for qualification grade of judges with the following rate:

1) candidate for justice advisor - the 5th qualification grade;

2) junior justice advisor - the 4th qualification grade;

3) justice advisor - the 3rd qualification grade;

4) senior advisor - the 2nd qualification grade;

5) state justice advisor - the 1st qualification grade;

6) the Head State Justice Advisor - the highest qualification grade.

(4) Salary for candidates to any position of public prosecutor during their in-service training shall be 80% of the salary for district (republic city) public Prosecutor.


Article 53. Other remuneration to Public Prosecutors


As an incentive for public prosecutors, the Prosecutor General may decide on extra payment to them, after considering the effect of activities of each public prosecutor.


Article 54. Vacations for Public Prosecutors


(1) Public prosecutors shall have annual paid vacations for at least five calendar weeks.

(2) According to the prosecutors length of service, after each five years of work at the Public Prosecutor's Office the annual paid vacation shall be extended by three calendar days, yet in total not more than 15 calendar days.


Article 55. Pensions and compulsory insurance for Public Prosecutors


(1) Insurance for public prosecutors shall be covered by the state funds and their long service pension shall be granted according to regulatory acts on pensions.

(2) Long service pension shall be paid only to such persons who have worked as public prosecutors, judges or investigators in total for at least 20 years.

(3) Life and health of public prosecutors shall be subject to state compulsory insurance.


Article 56. Security guaranties to Public Prosecutors


(1) The public prosecutors shall be entitled to have themselves and their family members and their property protected.

(2) The public prosecutors shall have the right to keep and carry their service firearms. When allotting, carrying and applying such firearms, public prosecutors shall follow the regulations and procedure provided for by the law "On Firearms and Special Devices for Self-defense".


Article 57. Providing public prosecutors' apartments with telephone lines


Telephone lines in public prosecutors apartments shall be installed without waiting in


Article 58. Other guarantees


(1) Compensation and social guaranties anticipated in Articles 32-37, 39-41, 49 and 50, of the law "On Civil Service" shall apply to public Prosecutors.

(2) Prosecutors are absolved from mandatory military service.


Chapter VIII
Symbols of Public Prosecutor's Office



Article 59. Symbols of Public Prosecutor's Office


Symbols of Public Prosecutor's Office shall be the oath, the uniform, and the service symbol.


Article 60. Oath of the Public Prosecutor


(1) Upon appointment to position, the public Prosecutor shall give the following oath:

"I .........., upon undertaking duties of public prosecutor, realize the responsibility entrusted to me and I solemnly swear to be fair and just, loyal to the Republic of Latvia, always to do my best in discovering the truth, never to betray the truth, to perform my duties of public prosecutor in strict compliance with the Constitution and laws."

(2) The oath by public prosecutor shall be given before the Prosecutor General.

(3) The public prosecutor shall read out the oath in solemn circumstances and sign such text. The official before whom such oath is given shall issue a certificate and a service symbol to such public prosecutor.


Article 61. Uniform and service symbol of the Public Prosecutor


(1) When performing their duties, public prosecutors shall wear a specific public prosecutor's uniform with a service symbol - a badge.

(2) When performing their duties in the Court public prosecutors shall wear prosecutor gowns with the service symbol.

(3) The Cabinet of Ministers shall approve public prosecutors uniforms and service symbols.

(4) The Prosecutor General shall determine procedures for wearing the public prosecutor's uniforms and service symbols.


Article 62. Prosecutor's certificate (card)


The public prosecutor shall be issued a certificate, the sample of which shall be approved by the Prosecutor General.


Article 63. Seal of the Public Prosecutor's Office and state institutions under supervision of the Public Prosecutor's Office


(1) The Public Prosecutor's Office have a seal with a depict of Large State Emblem of the Republic of Latvia and the title of an institution.

(2) Other Public Prosecutor's Office institutions and state institutions under the supervision of the Public Prosecutor's Office have a seal with a depict of Complex Small State Emblem of the Republic of Latvia and the title of the corresponding institution.


Transitional Provisions


1. The re-organization of the Public Prosecutor's Office shall be completed within three months after the day of taking effect of this law.

By taking effect of this law the law "On the Supervision of the Public Prosecutor in the Republic of Latvia" is recognized null and void.

2. Persons who due to re-organization of the Investigation Department of the Ministry of the Interior are moved to the public prosecutors' offices and who have no more than five years of time until receiving the long service pension of the employee of the Ministry of the Interior shall preserve their rights on receiving of this pension.

The length of service in the position of the investigator of the Ministry of the Interior shall be included into the work record granting the right on the long service pension of the public prosecutor for these persons. If a prosecutor simultaneously has the opportunity to receive prosecutor's term of service pension and term of service pension for the employees of the Ministry of the Interior, he/she has the right to receive only one term of service pension of choice.

3. The Prosecutor General of the Republic of Latvia appointed on September 26, 1990 shall continue his duties up to expiration of his authority in the service rank of the Head State Justice Advisor. He shall give a public Prosecutor's oath before the Chief Judge of the Supreme Court. The Prosecutor General shall ensure the re-organization of the Public Prosecutor's Office and for this purpose within three months after taking effect of this law shall:

1) approve the structure and staff list of the Public Prosecutor's Office;

2) determine the procedure for granting the service ranks to public prosecutors, who had been granted the service ranks according to Law "On the Supervision of the Public Prosecutor in the Republic of Latvia";

3) determine the procedure by which the work record in the specialty of the lawyer shall be included;

4) ensure the affirmation of the regulation on testing and qualification commissions and forming of those commissions.

The Prosecutor General is entitled to require the public prosecutors to fulfill duties regardless their present position during the re-organization.

4. Requirements stipulated in Part 1 of Article 33 of this law shall not ascribed to persons employed in the Public Prosecutor's Office at present, as well as to persons employed in the Investigation Department of the Ministry of the Interior at present who are moved to the Public Prosecutor's Office during the re-organization of the Department.

Students who, when the law takes effect, acquire the specialty of the lawyer and are employed in the Public Prosecutor's Office or Investigation Department of the Ministry of the Interior more than one year, may pass a qualification examination and may be appointed to the position of the public prosecutor and other students may continue practical studies as candidates to the position of the district (republic city) public prosecutor until acquiring the higher legal education.

Persons who are already employed in the Public Prosecutor's Office or Investigation Department of the Ministry of the Interior and who are acquired the higher legal education and have the work record in the specialty of the lawyer less than one year shall pass the qualification examination. Other public prosecutors (according to the September 26, 1990 Law "On the Supervision of the Public Prosecutor in the Republic of Latvia") and investigators of the Public Prosecutor's Office shall continue their employment in the Public Prosecutor's Office without passing the qualification examination and investigators of the Investigation Department of the Ministry of the Interior who are moved to the Public Prosecutor's Office shall be subject to testing without passing the qualification examination.

Employees of the Public Prosecutor's Office, who can not hold the position of the public prosecutor in future according to requirements of this law shall be dismissed by paying them the compensation in the amount of the salary for three months.

The law takes effect as of July 1, 1994.

The President of the Republic of Latvia
G.Ulmanis

Translation (C) by the Latvia Law Institute. All rights reserved. Other translations of Latvian laws available. E-mail: latjurinst@parks.lv