Problems of Solving Property Issues in Criminal Proceedings in Latvia

Abstract

The need to achieve a fair settlement of criminal law relations in criminal proceedings quite often requires provision of a solution to property issues. Property issues affecting a person’s property, possession and unsufruct rights are also relevant within the framework of criminal proceedings. Property issues in criminal proceedings and related actions are regulated by the Criminal Procedure Law, to which the sixth section of the Law is devoted, entitled “Property issues in criminal proceedings”. Turning to the content chapter, it deals with property issues related to compensation for damage caused by criminal offences, disposition of property obtained by crime, institute for ensuring resolution of property issues, as well as procedural expenses and their reimbursement. The aim of the article is to research regulation of property issues in pre-trial investigations within the framework of the Criminal Procedure Law and in relation to other regulatory enactments and to evaluate application of the regulation established by law in practice and the problems related to application of the existing regulation. Within the framework of the research, such main methods were used as the analytical method and the comparative method. As the result of the research, an existing problem has been identified, suggestions and insights have been provided in the field of settlement of property issues.