You have the right to an oral hearing in at least one instance of the trial. You also have the right to be present at the oral hearings, even if you are defended by a lawyer.
In Latvia, the judge can decide to conduct a written process in the first instance, unless you ask the court to have an oral hearing. There are some decisions (such as decisions on the admissibility of your appeal), which contain purely technical or legal issues. For these types of issues, the court is not obliged to hold an oral hearing as long as you have had the opportunity to submit your arguments and observations in written form.
There is no general right to an oral hearing at any of the subsequent appeals stage of your case in court and it is up to the judge to decide whether an oral hearing is needed. The right to a fair trial also does not automatically entitle you to have an oral hearing in the appeals stage if you have had an oral hearing in the first instance. Your right to an oral hearing in the appeals stage depends on:
- the kinds of issues that are contested before the court of appeal
example Issues involving personal aspects such as your personal attitude towards the offence, your personal motivation and the credibility of witnesses as the key aspects of the appeal proceedings would require your personal appearance or the appearance of witnesses
- the gravity of the charge
- the possible sentence
- the manner in which you are able to protect your interests at both stages of the trial
example If you were not given the opportunity to submit your arguments in a written form to the court of appeal or if the court of first instance refused to hold an oral hearing, the court of appeal must examine your case at an oral hearing.
The right to an oral hearing also involves a duty to attend the hearings at the court’s invitation. According to the Law on Administrative Liability, if you have submitted an appeal to the court and you do not attend two hearings without justification, your appeal may be dismissed.