Case initiated before the Constitutional Court concerning banning a person from being a forensic expert if a criminal case against the permit was terminated on non-rehabilitating grounds
Following an application by the Senate, a case has been initiated before the Constitutional Court “On the compliance of Section 6(3)(5) of Law on Forensic Experts with Article 101(1) and the first sentence of Article 106 of the Constitution of the Republic of Latvia”.
The contested provision states that a person who previously was charged with a crime, but the corresponding criminal case was then terminated on non-rehabilitating grounds may not be a candidate for becoming a forensic expert.
The applicant is reviewing an administrative case, in which the Forensic Expert Board used the contested provision terminated a forensic expert certificate issued to a person. The applicant believes that the legitimate intention of the restriction of fundamental rights may be achieved through less restrictive means, namely, assessing the matter on a case-by-case basis. Thus, the applicant holds, the contested provision contradicts Article 101(1) and the first sentence of Article 106 of the Constitution, because the restriction of fundamental rights involved in this provision is not proportionate.
The Constitutional Court requested the authority that issued the contested regulation (the Parliament) to submit, by 28 February 2024, a letter with a reply detailing the circumstances of the mater along with the legal rationale.
The deadline for preparing the case is 28 May 2024. The court will decide on the procedure and date for hearing the case once the case is prepared.
Linked case: 2023-47-01