Pre-trial investigation and criminal proceedings

Assistance available for the victim during the criminal procedure

Victims of trafficking who agree to cooperate with the law enforcement authorities to initiate a criminal procedure are entitled to support and services, through the Social Rehabilitation Program. 

Victims also have access to support services that are connected to the pretrial investigation or court proceedings the victim is part of. These services can include:

  • Psychosocial assistance, including individual consultations with a lawyer, social worker or psychologist
  • Interpreter services, unless provided within the framework of the criminal process
  • Assistance in drawing up legal documents
  • Representation in court, up to 150 hours per year. The representation can be either legal support or support person services.

If a person has been identified as a victim of human trafficking by the State Police, they have access to free legal aid during the pre-trial investigation and the court proceedings. The legal aid consist of an advocate, free legal advice and help in applying compensation.

Protection of the victim during the criminal procedure

The protection of victims of human trafficking during the criminal procedure is ensured through multiple means in Latvia. These include:

  • A support person. The support person or a psychologist can assist the person during the pre-trial interviews and the court proceedings. The support person is often provided by the social rehabilitation service providers.
  • Permission not to participate to court proceedings. In some cases, victims do not have to participate to court hearings, but can be represented by the support person with the permission of the judge. For child victims, this is always the case. Adult victims might be summoned to be present in the court if the defendant asks it.
  • Utilization of video recordings or written testimonies gathered in the pre-trial investigation. This means can be utilized also for those victims who have already left Latvia before the court proceedings, unless they are available to participate though conference call and the defendant requests their presence. 
  • Barnahus. Barnahus has been introduced in Latvia in October 2023 to assist child victims of crime. Barnahus can be utilized to support the child and record the child’s testimony. There are no currently cases in Barnahus that would be linked to human trafficking.

Receiving compensation

Victims of an intentional criminal offence have the right to receive State compensation for moral injury, physical suffering or financial loss. The State compensation is regulated in the law On State Compensation to Victims.

The maximum amount of the State compensation is five minimum monthly wages determined in Latvia. To receive the State compensation, the victim needs to submit a request to the Court Administration. The request for the State compensation needs to be submitted the latest three years after the person has been identified as a victim. 

Issues of moral compensation or the compensation of unpaid wages are usually addressed in the court. The court may assign the perpetrator to pay compensation to the victim. If a victim has received compensation for the offence committed from the perpetrator or from another person on his or her behalf, the amount of the State compensation will be reduced according to the compensation received.