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Case No 2017-10-01
On Compliance of Section 629 (5) of Criminal Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia and on Compliance of the Second Sentence of Section 631 (3) of Criminal Procedure Law with the First Sentence of Article 91 of the Satversme
Adjudicated
IMEX PROVIDER LTD
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11.10.2017.

13.10.2017.

On Compliance of Section 629 (5) of Criminal Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia and on Compliance of the Second Sentence of Section 631 (3) of Criminal Procedure Law with the First Sentence of Article 91 of the Satversme

Case short name: The Accessibility of Case Materials and the Appealability of a Decision

The Constitutional Court held:

To recognise Section 629(5) of the Criminal Procedure Law, to the extent a court does not have the right to re-examine the legality and validity of the decision taken by the person directing the proceedings on a person’s right to familiarise himself with materials in the case, as being invalid with respect to IMEX PROVIDER LTD as of the moment when the infringement of fundamental rights occurred, taking into consideration the judgement by the Constitutional Court of 23 May 2017 in case No. 2016-13-01.

To recognise the second sentence of Section 631(3) of the Criminal Procedure Law as being compatible with the first sentence of Article 91 of the Satversme.

The judgement by the Constitutional Court is final and not subject to appeal, it shall enter into force on the day of its publication.