Nosacītas notiesāšanas piemērošanas tiesiskais regulējums un prakse Latvijā

Abstract

The title of the diploma paper is “Legal framework of application of probation and practice in Latvia”. Legislator doesn’t restrict freedom of court to decide about probation, and with this fact it is possible to apply probation for any offence, including very serious crimes, and for any person, including previously judged. There are many mistakes in application of probation in practice: unmotivated application of probation, wrong determination of trial period, imprecisely defined obligations, unanalyzed obligations’ application effect etc. The author states proposals for improvement of application of probation. A one of the proposals is: provide in the Criminal procedure law in the sentence motivation part specially that court shall specify circumstances by which it decide to apply penalty, and reasons, why that special obligations are applied to convicted. The author propose to change first part of article 55 of the Criminal law and delete words “custody, forced labor, fine” because mentioned penalties are effective for coercion of offender as probation in that cases. The trial period should be differenced depending on penalty length and obligations that are applied to offender. Besides it should be provided that probation is possible to apply only once.