Fundamental rights of victims

(Criminal Procedure Law, Article 97.¹)

BASIC RIGHTS OF THE VICTIM

TO RECEIVE INFORMATION ABOUT THE CONDITIONS FOR APPLYING FOR AND RECEIVING COMPENSATION AND TO SUBMIT AN APPLICATION

If you have been recognized as a victim, taking into account the moral harm, physical suffering, and material loss caused to you, you have the right to report the extent of this harm and exercise your right to obtain moral and material compensation. Contact the prosecutor to find out the conditions and procedure for applying for and receiving compensation. For information on the circumstances and procedure for receiving state compensation, see here.

PARTICIPATE IN CRIMINAL PROCEEDINGS USING THE LANGUAGE YOU UNDERSTAND

If you do not understand the language spoken by the investigator or prosecutor, or do not speak that language, you have the right to free interpretation assistance. An interpreter can help you communicate with these persons. In cases and to the extent specified by law, you have the right to receive a written translation of documents. If a written translation is not specified by law, you will be provided with an oral translation of the document or its content.

DO NOT TESTIFY AGAINST YOURSELF AND YOUR RELATIVES

Before testifying, you will be explained your rights and obligations and warned about the responsibility for refusing to testify or for knowingly giving false testimony. You have the right not to testify against yourself and your relatives. A relative, within the meaning of the Criminal Procedure Law, is your fiancé(e), spouse, parents, grandparents, children, grandchildren, brothers and sisters, and persons with whom you live and with whom you have a joint (undivided) household. You will not be asked questions about your intimate life, unless it is absolutely necessary in the interests of the criminal proceedings.

RECONCILING WITH THE PERSON WHO CAUSED YOU HARM

At all stages and in all types of proceedings, you have the right to reconcile with the person who caused you harm. A settlement can only be reached with your consent, so if you wish to settle, ask the prosecutor to provide you with information on the procedure for reaching a settlement and the consequences of a settlement, as in cases provided for by law, a settlement is grounds for terminating criminal proceedings.

INVITE A LAWYER TO PROVIDE LEGAL ASSISTANCE

In order to fully exercise your rights, you can invite a lawyer to provide legal assistance, who will help you understand what is happening in the criminal proceedings and whose services you will pay for. The legal aid provider will have the right to participate in all procedural actions that take place with your participation, and at your request, the legal aid provider may exercise your rights in whole or in part. In cases specified by law, the provision of legal assistance to a minor victim and to you as the representative of a minor victim is mandatory – ask the prosecutor to inform you about these cases. You have the right to ask the prosecutor to explain in which cases and in what manner a representative or lawyer (legal aid provider) is provided in a criminal case.

SUBMIT AN APPLICATION FOR THE PROTECTION OF THE VICTIM, THEIR RELATIVES OR PROPERTY IN THE EVENT OF A THREAT

If there is a real threat to you, your relatives or your property, inform the prosecutor and ask them to ensure the protection of you, your relatives or your property by taking appropriate measures.

SUBMIT AN APPLICATION FOR REIMBURSEMENT OF PROCEDURAL EXPENSES

If you have incurred procedural expenses during criminal proceedings, you have the right to submit an application for reimbursement of these expenses, if such reimbursement is provided for in the Criminal Procedure Law. Procedural expenses include, for example, travel expenses related to traveling to the place where the procedural action is performed and returning to your place of residence, as well as accommodation costs and average wages for the time during which you are unable to perform your work due to your participation in the procedural action.

FILING A COMPLAINT ABOUT A PROCEDURAL DECISION OR THE ACTIONS OF AN OFFICIAL

If a procedural decision or the actions of an official authorized to conduct criminal proceedings are unlawful, unjustified, or disproportionately infringe on your rights, and there are grounds for filing a complaint about a procedural decision or the actions of an official authorized to conduct criminal proceedings, the complaint must be addressed and submitted to the official or institution that has the authority to decide on it. You can also submit a complaint to the official whose actions or decisions you are appealing. You will be notified of the results of the complaint review, explaining the possibility and procedure for further appeal.

GET CONTACT INFORMATION FOR THE SPECIFIC CRIMINAL PROCEEDINGS

From the moment you first contact the investigating authority, you have the right to receive contact information for your case so that you can obtain the information you need to make informed decisions about your participation in the proceedings, facilitating your participation.

GET INFORMATION ABOUT AVAILABLE SUPPORT AND MEDICAL ASSISTANCE

Inform the investigating authority if you need such support and assistance, special medication or special care. A free information helpline is available every day from 12:00 to 22:00 on 116006, where you can receive emotional and psychological support and information about your rights in criminal proceedings, including your rights to compensation for damages and state compensation.

RIGHT TO REQUEST A EUROPEAN PROTECTION ORDER IF THERE ARE GROUNDS FOR ISSUING A EUROPEAN PROTECTION ORDER AS PROVIDED FOR IN THE CRIMINAL PROCEDURE LAW

In order to ensure your protection from a suspect, accused or convicted person, regardless of your location in the European Union, you, your guardian or your representative have the right to request a European protection order at any stage and in all types of criminal proceedings.

AS SOON AS A PERSON IS RECOGNIZED AS A VICTIM, THEY ARE IMMEDIATELY PROVIDED WITH WRITTEN INFORMATION AND, IF NECESSARY, AN EXPLANATION OF THEIR FUNDAMENTAL RIGHTS. THE VICTIM CONFIRMS THIS WITH THEIR SIGNATURE.

If anything is unclear, you can ask for an explanation. By signing, you confirm that you understand the above explanation of your rights and that your questions about your rights have been answered in a way that you understand.

Source: Court Administration

More about the rights and obligations of victims: https://www.tiesas.lv/lv/jaunums/cietusa-celvedis-tiesas-procesa-tiesibas-un-pienakumi