Application of Expedited Procedure in Context of Ensuring Principle of Inevitability of Punishment

Research output: Contribution to journalArticlepeer-review

Abstract

The aim of the study is to analyse Latvia’s simplified forms of criminal proceedings, particularly the expedited procedure, possibilities for improving its application when evaluating ensuring the principle of inevitability of punishment. It has been concluded in the study that the Criminal Procedure Law provides for sufficiently effective simplified forms of criminal proceedings which allow for the rapid achievement of a fair settlement of criminal legal relations. Simultaneously, practical application of these simplified forms of criminal proceedings should be improved. It is particularly important to promote interinstitutional cooperation by ensuring common understanding of the investigator and the prosecutor, their willingness to work together. The Prosecution Office should take the initiative by creating standards for the application of simplified forms of criminal proceedings, i.e. at the stage of investigation and in their further direction. Effective application of the expedited procedure and other simplified forms of criminal proceedings serves to ensure the principle of inevitability of punishment, as well as to facilitate the exercise of the right to criminal proceedings within a reasonable time. The study looks at Latvia’s regulatory enactments and their application practices, legal literature, statistics of criminal proceedings. The study uses comparative, descriptive, deductive-inductive methods as well as methods for interpreting legislation.
Original languageEnglish
Pages (from-to)245-254
Number of pages10
JournalSocrates
Volume20
Issue number2
DOIs
Publication statusPublished - 2021

Keywords*

  • criminal proceedings
  • expedited procedure
  • principle of inevitability of punishment
  • simplification of criminal proceedings

Field of Science*

  • 5.5 Law

Publication Type*

  • 1.2. Scientific article included in INT1 or INT2 category journal of ERIH database

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