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On Compliance of Section 49.2 (1) of the Sentence Execution Code of Latvia with the Second Sentence of Article 91 and Article 96 of the Satversme of the Republic of Latvia

The Constitutional Court held:
1) To recognise Section 492(1) of the Sentence Execution Code of Latvia, insofar it does not envisage for sentenced persons who serve their sentences on the lowest regime for serving the sentence at a closed or partly-closed prison, to leave temporarily the territory of the institution for deprivation of liberty in connection with the death of a close relative, as being incompatible with Article96 of the Satversme oft he Republic of Latvia.
2) With respect to the submitter of the constitutional complaint Juris Krasovskis, to recognise Section 492(1) of the Sentence Execution Code of Latvia, insofar it does not envisage for sentenced persons who serve their sentences on the lowest regime for serving the sentence at a closed or partly-closed prison, to leave temporarily the territory of the institution for deprivation of liberty in connection with the death of a close relative, as being incompatible with Article96 of the Satversme of the Republic of Latvia and void as of the date when the infringement on his fundamental rights occurred.