On Thursday, 14 December, the Saeima adopted in the third reading amendments which stipulate more severe criminal liability for joining in an organised group with the aim of carrying out actions directed against the state of Latvia, assisting a foreign state in such activities, as well as espionage. The legislative initiative was submitted by the President of Latvia Edgars Rinkēvičs.

Russia’s war in Ukraine has a direct negative impact on Latvia’s national security. The provisions of the Criminal Law must be commensurate with the existing threats, they must not be disproportionately mild compared to the potential harm to the interests of the state and society, the authors of the draft law say.

A temporary deprivation of liberty and community service will no longer be the sentence for joining in an organised group with the aim of carrying out actions directed against the state of Latvia. The amendments to the law provide that such a criminal offence is to be punished by a term of imprisonment of up to eight years instead of the current five years. It is also envisaged that the perpetrators will also be liable to an additional penalty – confiscation of property. However, if the offence is committed by a public official holding an office in a company or organisation, they may be subject to imprisonment for a period of two to ten years, with or without confiscation of property.

For assistance to a foreigner, an organisation or government of a foreign country in carrying out activities directed against Latvia, the newly adopted penalty is deprivation of liberty from one year to ten years (previously up to five years), with or without confiscation of property. In such cases temporary deprivation of liberty, community service and a monetary fine will no longer apply. In the event that assistance has been provided to a foreign state by a group of persons, an official holding an office in a company or organisation, the perpetrator may be punished with deprivation of liberty for a period of three to twenty years, with or without confiscation of property.

Similarly, in case of espionage, a minimum custodial sentence of one year is established, also providing for the possibility of imposing an additional penalty – confiscation of property. For organising or directing espionage, life imprisonment, imprisonment for a period of eight to twenty years, with or without confiscation of property, and probation supervision for a period of up to three years may be imposed.

The Criminal Law has also been supplemented with a new article, providing for liability in case a person violates the prohibition to organise or perform training for military tactical tasks or to participate in them. It will be possible to impose deprivation of liberty for a period of up to five years, temporary deprivation of liberty, probation supervision or a monetary fine.

However, if a person makes a deliberate false notification regarding the placement of explosive, poisonous, radioactive or bacteriological substances, materials or explosive devices in an institution, company or other facility or site, and this false notification is directed against two or more locations, deprivation of liberty for a period of up to four years, temporary deprivation of liberty, probation supervision or a fine may be applied.

Saeima Press Service