Pētījumā analizēts, kā Latvijas krimināltiesībās darbojas izlīgums un kā iespējams tā lietojumu paplašināt, lai ne vien pārkāpējs saņemtu sodu, bet tiktu atjaunots taisnīgums un noziedzība mazinātos. Kā viens no efektīviem un citās valstīs lietotiem instrumentiem tiek piedāvāta mediācijas (izlīgšana ar starpnieku) ieviešana arī Latvijā.
Izlīgums Latvijas krimināltiesībās 221
- Autors:Andrejs Judins
- Organizācija:PROVIDUS
- Gads:2005
- Valoda:latviešu
Šobrīd Latvijas krimināltiesību sistēmā galvenokārt fokusējas uz aizdomās turēto vai apsūdzēto personu, bet noziedzīgā nodarījuma upurim pārsvarā ir pasīva loma, kā arī ierobežotas iespējas piedzīt materiālu vai morālu kompensāciju par nodarīto kaitējumu. Pārmaiņas šajā jomā veicinātu cietušā un likumpārkāpēja izlīguma procedūras plašāks un tiesisko seku ziņā daudzveidīgāks pielietojums. Patlaban izlīgums iespējams tikai nelielā noziedzīgo nodarījumu grupā un tas tiek saistīts vienīgi ar iespēju atbrīvot personu no kriminālatbildības. Pie šādiem secinājumiem autors nonācis, analizējot statistikas datus par izlīguma piemērošanu, pētot sakarā ar izlīgumu izbeigto krimināllietu materiālus, kā arī aptaujājot prokurorus un policijas darbiniekus.
Pētījums ietver rekomendācijas situācijas uzlabošanai, tajā skaitā ierosināts Kriminālprocesa likumā paredzēt mediācijas procedūru un tās tiesiskās sekas, konkrētāk regulēt izlīgumu Krimināllikumā u.c. Sniegti arī ieteikumi krimināllietu virzītājiem, tiesām un probācijas dienestam, lai sekmētu izlīguma pielietošanu.
(pdf Izlīgums Latvijas krimināltiesībāspdf) (291.33 KB)
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