In order to ensure that victims or witnesses feel safe and protected regardless of their location within the European Union, a common mechanism is to be introduced in all member states for the protection of victims against persons who pose a threat to them. The victim protection mechanism in Latvia will be introduced by amendments to the Criminal Procedure Law, which the Saeima adopted in the third reading on Thursday, 29 January.
If a member state issues a restraining order against a suspect or a defendant forbidding him or her from approaching or communicating with a victim, the new mechanism will ensure the victim’s protection throughout the EU.
A person under protection is a victim or witness for whose protection a protective measure has been imposed upon a suspect, defendant or convict. The term “protective measure” means a security measure unrelated to imprisonment or alternative sanctions that forbid visiting certain regions, places or territories, as well as contacting or approaching specific individuals.
In Latvia the State Police will have the authority to accept European Protection Orders and recognise protection orders issued by other EU member states.
The State Police will accept European Protection Orders based on a written request from the protected person or his or her representative which also states the information at the disposal of the person about criminal proceedings pertaining to the request. The request must also indicate that the person in question is staying, is planning to stay, is living or is planning to live in another member state for a period of more than 3 months.
The European Protection Order could be useful for Latvian citizens who are married to citizens of other EU member states but who have returned to Latvia because of domestic violence and are still persecuted.
Until now the Criminal Procedure Law did not provide for a mechanism to implement victim protection measures set by another EU member state.
The common victim protection mechanism is being introduced on the grounds of a European directive with the aim to ensure that in a single justice area the protection granted to a natural person by one EU member state is maintained and extended to all other member states to which the person travels.
Saeima Press Service