Analytical Center of the office of sworn advocates “Neimane & Partners”
Recently, clients have been seeking opinion in criminal proceedings in which they are involved as owners of the infringing property, persons against whom criminal proceedings have been instituted, witnesses, victims, suspects, as well as accused persons.
In connection with the “overhaul
of the financial sector” in Latvia, which followed criticism of Latvia for
combating money laundering, bank owners became more cautious towards their potential
clients. The Financial Intelligence Unit, in the performance of its state duty,
began to actively freeze funds on the basis of reasonable suspicion based on
reports of suspicious transactions provided by banks and other entities
involved in the Law on the Prevention of Money Laundering and Terrorism and
Proliferation Financing.
This placed an additional burden on the State Police as well as on banks’ clients. If it is presumed that the property has been obtained or related to a criminal offense, the person directing the proceedings shall notify the person that this person may submit information on the legality of the origin of the property within 45 days from the notification, as well as inform the person on the consequences of failure to provide such information, specified in Section 356 of the Criminal Procedure Law.
Therefore, it was obvious that it was necessary to establish and develop an analytical center in order to evaluate and review the submitted information, interpret it and provide clients with an explanation of its content, as well as to transfer the results of this process to the client.
The main functions of the Analytical Center can be divided into the following groups:
• to understand the information obtained and the meaning and relationship of each piece of information to other pieces of information, and process this information objectively to understand it in a broader context, such as the grounds for detention, the search, the jurisdiction of the case, the regulation of legal norms;
• to transfer this comprehension to the client or the advocate representing them, thus ensuring that practical results are obtained in the information processing process by developing a defense strategy in law enforcement agencies/ courts.
The extent of the analysis and its overall reliability depends on the level and accuracy of the information obtained. The Analytical Center specializes in criminal cases, providing an opinion on the actual circumstances of the case and the scope of legal norms at both the national and international levels.
The Analytical Center shall provide the client with legal assistance in preparing a comprehensible, high-quality, legally drafted explanation in order to provide the competent authority with information on the legality of the origin of the property, based on legal and verifiable facts. A transparent, comprehensive analytical work would also make it easier for the person directing the proceedings to make a decision within a reasonable time, ensuring the achievement of the aim specified in the Criminal Procedure Law.
The Analytical Center of the office of sworn advocates "Neimane & Partners" evaluates each case individually, inviting professionals with the relevant qualifications.
Section 126, Paragraph four of
the Criminal Procedure Law stipulates that a person who has the right to
defense in connection with the investigation of this offense shall be indicated
on the circumstances which exclude criminal liability, as well as on the alibi,
unless such information has already been obtained during the investigation.
If the person does not indicate such circumstances or the alibi, the prosecution is not obliged to prove their absence, the court does not have to assess them in the judgment, but the person is denied compensation for damages caused by unreasonable suspicion if the termination of the criminal proceedings or the acquittal of the person is related to the clarification of the referred to circumstances.
The previous experience of the Analytical Center of the office in the course of the thorough analytical work carried out has given a positive result in a case.
Advocacy Law of the Republic of Latvia and the Code of Ethics of the Latvian Sworn Advocates require a sworn advocate to keep a client's case secret. Respecting confidentiality is one of the most important responsibilities of a sworn advocate worldwide.
The client must trust the advocate as an adviser, but this is only possible if the advocate's knowledge, dignity, fairness and honesty are beyond doubt.
The Analytical Center of the office of sworn advocates "Neimane & Partners" can be contacted by phone +371 60003574 or by e-mail [email protected].