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On Thursday, 13 December, the Saeima in the third and final reading adopted amendments to the Criminal Law, thus significantly reforming the criminal punishment policy by facilitating law abidance and preventing convicts from committing crimes repeatedly.
Amendments to the Law broaden the range of situations in which punishment can be imposed by stating that the aim of punishment is also to protect public safety, restore justice and re-socialise convicts. The courts will be obliged to take into account the interests of victims and therefore thoroughly examine whether the imposed punishment ensures justice. Furthermore, more emphasis will be put on re-socialisation measures because punishment is not a solution; the focus should be shifted towards helping convicts to find their place in society and thus deterring them from committing crimes repeatedly.
The minimum and maximum terms of imprisonment, as well as the classification of crimes, have been changed. A new type of imprisonment, namely, short-term imprisonment for a period from 15 days to three months, has been introduced. This sentence will be imposed as punishment for those who have committed crimes classified as criminal violations.
The amendments also introduce a wider range of alternative measures to imprisonment, thus giving the courts and prosecutors the option to choose the type of punishment that is the most appropriate for the relevant case. The new wording of the Law makes possible broader application of community service; for example, it envisages the possibility to impose community service as basic punishment or additional punishment for offenders who have received a suspended sentence.
Relatively less severe punishments will be imposed on criminal offenders who have committed crimes against property which have not endangered human life or health or have not breached an individual’s sexual inviolability. Pursuant to the new amendments, upon analysis of the circumstances under which the defendant has committed a murder for the first time, a court will be able to punish the defendant with a life sentence. Punishment for a repeated sex crime will be more severe than before – offenders will face prison sentences of up to 20 years.
With the amendments to the Criminal Law, the state abolishes the concept of a series of the criminal offence. Currently the practice is that if an individual commits several thefts, they are often counted as one criminal offence. From now on, the offender will be held liable for each individual crime committed.
The amendments to the Law introduce new criminal offences, such as criminal liability for sham marriages and other contracts concluded on the basis of civil law with the purpose of giving a person an opportunity to reside in Latvia or another European Union country.
The new wording of the Law changes the liability for bribery by declaring it an offence regardless of whether the bribe was or was not accepted.
Furthermore, the amendments envisage the introduction of criminal liability for offering or giving financial or other benefits to staff members of state or municipal institutions who are not public officials. An individual will be held liable if he/she abuses his/her authority by offering or giving benefits as an incentive for a staff member to commence illegal activity in his/her interests or in the interests of any other individual. Such offences will be punished with community service or fines; however, if such an offence is deemed large-scale, it may be punishable with a prison sentence.
The current wording of the Criminal Law still retains several characteristics of the Soviet penal system; for example, it severely punishes individuals who commit crimes against property, and it prescribes imprisonment as punishment for a wide range of criminal offences. That is the reason why among 48 European countries Latvia ranks second in terms of the number of prisoners per 100 thousand inhabitants. The reform of the criminal punishment policy will enable the state to gradually reduce the number of prisoners. That is a significant factor because compared to the cost of other types of punishment, imprisonment is a heavier burden for tax payers.
The new wording of the Criminal Law will take effect on 1 April 2013.
Saeima Press Service