Practical aspects, future perspectives of imposition of punishment – administrative arrest Judge of Criminal Case Chamber of Riga Regional Court Juris Stukāns Riga, 30 September 2013

2 How appropriately is to impose administrative arrest for administrative violations? Do actual circumstances of administrative violations comply with harm of administrative offence for determining sentence, related with deprivation of person’s liberty?

3 Administrative violations are distinguished from offences with nature and harm of threats to person or society. Criminal law provides criminal offences, for commitment of which imposition of punishment with deprivation of liberty is not intended, by determining other alternative kinds of punishments. Majority of sanctions for existing criminal offences in Criminal law provides alternative kinds of punishment, thus also opportunity to impose punishment for criminal offence, not related with deprivation of liberty. Above mentioned serves as the basis for recognition that administrative arrest as kind of punishment does not comply with punishment system for administrative violations.

4 Violations on which may be applied administrative arrest as alternative punishment I On trade in prohibited places (second part of section 155.4) On trade of petroleum products in prohibited places (section 155.6) Petty hooliganism (section 167) Illegal acquisition of alcoholic beverages and alcohol (section 170.1) Manufacture (production), storage and transport of illegal alcoholic beverages (section 170.2) Violation of the procedures for the organisation and conducting of meetings, processions and pickets, as well as public entertainment and holiday events (section 174.3)

5 Violations on which may be applied administrative arrest as alternative punishment II In the case of public incitement during a meeting, procession or picket, as well as public entertainment and holiday event, to commit an offence (second part of section 174.5) Intentional non-compliance with a police officer’s, border guard’s or national guard’s lawful order or requirement (section 175) In the case of impersonation when sitting the official language proficiency examination, in order to obtain an official language proficiency certificate for another person (section 175.8) Violation of the regulations regarding the commencement and termination of social organisations’ activities (section 176.1)

6 Violations on which may be applied administrative arrest as alternative punishment III Violation of the police control regulations (section 177) In the case of burning last year’s grass (fourth part of section 179) Contempt towards a court (section ) Violation of a parole given in relation to a criminal case (second part of section ) In total the arrest as alternative punishment is provided in sanctions of 17 AVC sections.

7 Is it reasonably and usefully to send administrative violation case to court, in such a way starting the most expensive process in relation with institution?

8 Reporting period of district (city) court – Section of Latvian AVC Number of examined cases Applied arrest, number of cases % Section part Section Section ,5 Section Section part Section ,5 Section Section 179 part Section In total

9 It should be recognized that only 12% of administrative cases, which are examined in court, have a base for application of administrative arrest, it is not useful and reasonable to burden courts with examination of these cases.

10 Violations on which may be applied administrative arrest as mandatory punishment In the case of driving a vehicle repeatedly within a year, if: 1) there is no driving licence (the driving licence has not been obtained according to the specified procedures or has been suspended); 2) there is a prohibition on the utilisation of the driving licence, which has been applied within the violation point system (section part 7) In the case of a failure to comply with a person’s repeated request to stop the vehicle (for fleeing), who is authorised to inspect the vehicle driver's documents (section149.5 part 4) Driving of a vehicle under the influence of alcohol or narcotic or other intoxicating substances (section parts 3, 4, 5, 6, 7, and 8) In total the arrest as mandatory punishment is provided in sanctions of 3 AVC sections.

11 Driving of a vehicle under the influence of intoxicating substances With driving licence: Currently, Latvian AVC provides mandatory application of one violation three kinds of punishment: arrest, fine and suspension of driving licence. ( Latvian AVC, section ) Without driving licence: Sanction of Criminal law does not provide application of deprivation of liberty (for example, in short-term from 15 days) and fine simultaneously for one violation ( Criminal law, section 262 ). So, there is applied punishment for a person according to Latvian AVC, which is more sever, what is not fairly.

12 With abolishing arrest for administrative violation (driving of a vehicle under the influence of intoxicating substances) and leaving a fine and suspension of driving licence, system of punishment for this offence will be logic and justified. It should be taken into account that cases of administrative violations should be considered as criminal cases in meaning of Convention for the protection of human rights and fundamental freedoms. Is it necessary and reasonable to provide criminal liability for above mentioned administrative violations also further? It is not useful, reasonable and it is not necessary.

13 Already for now by driving a vehicle under the influence of intoxicating substances without driving licence it is provided criminal liability. When driving under influence of intoxicating substances and if it has resulted in bodily injury for the victim, it is provided criminal liability. If also further there will be provided criminal liability for administrative violation, the process will become longer, more complicated and more expensive. In this case it is required to provide special, simplified process.

14 Case examination According to Latvian AVC (duration of examination – 3 months)  protocol;  court of first instance examines the case: - within three working days; or - within15 days after receiving materials (if is required expert’s conclusion);  Court of appellation instance examines the case within around two months. According to CPL (duration of examination – 6-12 months)  protocol (commencement of criminal procedure);  investigational activities;  prosecution;  court of first instance;  court of appellation instance;  court of cassation instance.

15 Thank you for your attention.