A search can be applied only with the permission of the investigative judge or a court, in the form of a decision, while a seizure can be allowed by the decision of the person directing the proceedings, usually the investigator.

You can therefore:

  • appeal the decision by the investigative judge, court or the person directing proceedings if you do not agree that the search or seizure was necessary and see it as a disproportionate intrusion into your private life
  • challenge the action itself which was carried out by the investigator or other competent officials if the action itself was carried out, but not in accordance with the decision of the competent authority, relevant legal provisions and/or in a disproportionate, intrusive way

Appealing the decision of the investigative judge, court or person directing the criminal proceedings

You can appeal the decision taken by the investigative judge, to the chairperson of a court of general jurisdiction. The chairperson of a court of ordinary jurisdiction will make the final decision, which cannot be appealed.

If the decision was made by a court, you can appeal it to the next, higher level court of general jurisdiction. Further, the decision taken by a person directing criminal proceedings, who is usually an investigator, can be challenged before a supervising public prosecutor.

You can complain in either written or oral form, and in the latter case, your oral arguments should be entered in the minutes and signed by you and the person who prepared them. If you do not understand Latvian, the language in which the criminal proceedings and decisions take place, you have the right to submit your complaint in the language that you understand.

You can file a complaint at any time during the pre-trial criminal proceedings before the criminal case has been submitted to the court.

Challenging the investigative action

The person directing the proceedings, usually the investigator, or institutions and persons assigned by him/her, are empowered to carry out special investigative actions.

You can appeal to:

  • the person directing the proceedings, namely, the investigator if the action has been performed by another person acting under the investigator’s assignment (a member of an investigative group or the executor of a procedural task).
  • the supervising public prosecutor if the action was performed by the investigator.

If you do not agree with the decisions taken by either the supervising public prosecutor or the person directing the proceedings, you can appeal to a public prosecutor of higher rank whose decision is final and not subject to appeal.

You can complain in either written or oral form, and in the latter case, your oral arguments should be entered in the minutes and signed by you and the person who prepared them. If you do not understand Latvian, the language in which the criminal proceedings and decisions take place, you have the right to submit your complaint in the language that you understand.

You can file a complaint at any time during the pre-trial criminal proceedings before the criminal case has been submitted to the court.

Human Rights Guide

A European platform for human rights education