Open access
HUMAN RIGHTS AS A BASIC PRINCIPLE OF CRIMINAL PROCEDURE IN LATVIA
Nataļja SARATOVA1
Present and the Coming Challenges
Publication language: English
Journal article
Transformations No. 3-4 (98-99) 2018, Publication date: 8 December 2018
Keywords: human rights in criminal procedure, guaranteeing human rights, European Court of Human Rights, rights to a fair court
Abstract The essence of the Criminal Procedure Law in Latvia is aimed at ensuring lawfulness and legal procedure in the country, protecting the interests of the society and its individuals. Observance of the basic principles of criminal procedure is required to enable reaching of the objective of the Criminal Law, namely, to establish such order of criminal procedure, which ensures effective enforcement of provisions of the Criminal Law and fair regulation of criminal legal relations without unjustified intervention in the life of a person. Latvia has achieved considerable progress in implementation of human rights standards. The objective of the article is to research the most controversial aspects about guaranteeing human rights in criminal proceedings in Latvia, to recognise the issues and provide the possible solutions. The following interpretation methods of legal provisions are used in the article: systematic interpretation method, to find out the meaning of legal provisions in relation to other legal provision, and teleological interpretation method, to find out the meaning of legal provisions, based on a useful and fair objective to be reached by the respective legal provision.
Daugavpils University, Latvia