Indemnification of Acquitted Persons 11.07.2013
The acquitted person is entitled to apply to the Ministry of Justice for indemnification (Appendix 1) in accordance with the Law on Indemnification against Loss Resulting from Unlawful or Unsubstantiated Actions of the Investigation Entity, Prosecution Office or Court in the following cases:
- verdict of not guilty is given regardless of the motifs of acquittal;
- criminal action is dismissed due to circumstances exculpating the person;
- administrative arrest is declared unlawful, and administrative proceedings are dismissed.
In case of criminal action dismissed during the pre-trial stage, application has to be made to the general Prosecutor’s Office.
Application for indemnification has to be submitted within six months from coming into effect of the verdict of not guilty.
The acquitted person is entitled to apply for indemnification against:
- remuneration not received;
- compensation, if the person was unemployed at the time of arrest or taking into custody, and employment opportunities have been prevented by arrest or taking into custody (compensation for the respective period is paid in the amount of 50 lati per month);
- allowance, scholarship not received;
- full value of the property seized during the pre-trial investigation or confiscated on the basis of court judgment, or full value of damages caused to the property;
- fines and any other amounts collected in the enforcement of court judgment;
- lost revenue (profit) from lawful business, contract agreements and other business operations (lost revenue (profit) is compensated in the amount not exceeding the average annual income of the person according to the certificate of State revenue Service concerning the amount of taxable income gained by the person during the previous taxation year, however not exceeding 5000 lati per full or short year);
- costs of legal assistance provided by Attorney-at-Law, however not exceeding the applicable rates;
- 8. allowance in the form of lump sum if the person’s previous employer has been liquidated, or if no other job can be offered to the person (allowance is paid in the amount of 300 lats);
- 9. compensation of lost right to lease of residential premises if the person has lost the right to lease of residential premises as a result of conviction and the lost right to lease can not be restituted, and no other equal residential premises can be made available instead.
The following documents have to be attached to the application, depending on the requested type of indemnification:
- copy of the verdict of not guilty;
- certificate about the period of time served in prison;
- certificate of the person’s employer about the person’s average remuneration calculated in accordance with the Labor Law, and the amount of remuneration not received;
- certificate of the State Social Insurance Agency about the income registered on the account of socially insured person, and the mandatory social insurance payments (social tax) made for the period from 1 January 1996;
- copy of the declaration of territorial State Revenue Service authority (at the person’s domicile) on wage tax collected during the respective taxation period;
- certificate of the State Social Insurance Agency about the allowances not paid and certificate of education establishment about the scholarship not paid;
- written proofs to the fact that the property seized or confiscated can not be returned to the person;
- documents certifying the damages caused to the seized or confiscated property of the person, and the amount thereof;
- documents certifying the impossibility to restore the person’s employment and right to lease;
- opinion concerning the value of residential premises made by a licensed surveyor of the State Land Service;
- documents verifying ownership title;
- documents verifying the litigation costs collected from the person;
- receipts verifying the costs of legal assistance rendered in criminal case.
Ministry of Justice shall decide on indemnification within three months from the date of application and the attached documents. If the period of three months can not be observed for good reasons, this period may be prolonged for a period not exceeding five months from the date of application and the attached documents.
Decision of the Ministry of Justice may be appealed against to the Administrative District court (Antonijas iela 6, Riga LV-1019) according to procedure provided for in the Administrative Procedure Law within one month from the date of receipt of the decision.
If the indemnity beneficiary brings no appeal against the decision on indemnification, the Ministry of Justice transfers the indemnity amount to the bank account indicated by the beneficiary.