In Latvia, a child (minor) may bear criminal liability from the age of fourteen. There are specific requirements that must be observed when dealing with a child who is suspected of having committed a crime or is being examined as a witness or victim in criminal proceedings.
Security measures
The person directing criminal proceedings may apply a security measure if there are grounds to believe that a minor who is involved in criminal proceedings as a suspect or accused will continue criminal activities.
A minor may be subject to all the security measures set out in the Criminal Procedure Law, for example, detention on remand. There are, however, two security measures designed specifically for minors as well:
- placement under the supervision of parents or legal guardians
- placement in an educational establishment for social correction
If it is necessary to apply a security measure to a minor, the least restrictive one should be chosen which corresponds most to the minor’s best interests.
example A minor may be placed in an educational establishment for social correction if a security measure needs to be applied to them, without the need to choose detention on remand which would isolating him/her from society,
Read more about the rights and obligations of the accused.
Detention on remand
In addition to the general requirements for detention on remand, there are specific conditions that must be observed to detain a minor on remand. These requirements do not apply to his/her arrest.
Latvian law limits the circumstances in which a minor may be detained on remand. The limitations relate to the gravity of the crime the minor is suspected of having committed and his/her intent or behaviour during criminal proceedings. There are also specific limitations regarding the length of detention on remand for a minor.
example A minor cannot be detained on remand for being suspected of having committed less severe criminal offences.
Penalty
A convicted minor may only be punished with certain types of criminal penalties as provided by the Criminal Law.
The court may release a minor from the punishment and apply compulsory measures of a correctional nature instead if there are particular circumstances that mitigate the minor’s liability. Such measures may, for example, be the obligation to apologize to the victim or placement in an educational establishment for social correction.
Examination of a witness who is a minor
A child can only be examined by a person who has specific knowledge about communication with a child during criminal proceedings. The child may also be examined in the presence of a pedagogue or psychologist, if necessary, or directly by a psychologist. A legal representative, such as a parent or legal guardian, or other trusted person may also participate in the examination.
A child may be examined directly by a psychologist if he/she:
- is younger than 14
- is a victim of violence by a person on whom the child is financially or otherwise dependent
- is a victim of human trafficking or crime against decency or sexual inviolability
In such a situation, the psychologist formulates the questions in a way that is suitable for the child’s psyche and age. This examination is monitored by technical means and the person directing the proceedings and other involved persons may watch this in another room.
The length of the examination of a child must not exceed six hours per day.
Read more about the rights and obligations of witnesses.