DURATION OF CRIMINAL PROCEEDINGS: HUMAN RIGHTS AND JURISDICTION ASPECTS

Abstract

Duration of criminal proceedings is one of the most important issues in the theory and practice of Latvian criminal proceedings. Unlike the limitation period for persons in pre-litigation proceedings, the Criminal Procedure Law does not contain such a time limit for proceedings. This raises the question of the possible improvement of the legal framework, from a jurisdictional point of view and from a human rights point of view.

The Article analyzes the standards of length of proceedings, their impact on the rights of the involved persons and legitimate interests’ realization, as well as the impact on jurisdiction. Methods used to create an Article: analytical sociological observation method, induction and literature analysis method.

The final conclusion is that in the course of the lengthy proceedings, there are risks to the parties right to a fair hearing within a reasonable time, the role of the prosecutor in preparing the case for trial, as well as the problem of the organisation of work in the courts of first instance. Amendments to the Criminal Procedure Law and Law “On Judicial Power” are proposed.