You have the right to defend yourself at all stages of the administrative offences procedure.
This means that you can defend yourself before the court, either in person or through another person. This other person, your defender, does not necessarily have to be a qualified lawyer.
It makes no difference whether you defend yourself, or if you are defended by another person, or by a qualified lawyer. In all cases you will have the same rights, as well as the obligation to comply with all time limits and to submit all the documents required by the law or by the court.
Latvian law does not provide for a free lawyer in the administrative offences procedure. However, there are certain situations where the right to a fair trial requires that you are given a free lawyer. Read more about legal aid.
Appropriate time and facilities
You, or your defender, must be given the appropriate time and facilities to prepare your defence. This means, for example, that:
- all charges must be communicated to you in a timely fashion
- you must be given access to the evidence in your case
- you must have an opportunity to challenge the evidence and give your opinion and arguments
If a decision imposing a penalty is not made at the time of the offence, a decision on launching the administrative proceedings must be prepared. This decision has to contain a description of the circumstances of the offence, your charge, the evidence supporting that charge and where and when the case will be examined. In such a case, a copy of this decision must be sent to you immediately.
In some cases, the responsible state official can prepare a decision declaring that you have committed an administrative offence and give you a penalty on spot even if you are not present. This will usually happen in cases such as violation of parking regulations. In this case the state official must provide you with a copy of that decision and it must be sent to you. Where the person charged with the administrative offence is still a minor, this decision must also be sent to the legal guardians of the minor (for example, the parents or adoptive parents).
You, or your defender, must also be given access to the case file and the opportunity to be present at the hearing of your case in court.