Kriminālprocesa likuma 455. panta ceturtā daļa, aktualitātes un izaicinājumi tiesu praksē

The article is dedicated to the right of the court, enshrined in paragraph 4 of Article of 455 the Criminal Procedure Law, to legitimately deteriorate the situation of the accused. The purpose of this article is to examine the substance of paragraph 4 of Article 455 of the Criminal Procedure Law and the possibilities of that institute in the framework of the fundamental principles of criminal proceedings. The author examines the principles arising from a fair trial, equality of arms, reformatio in peius, an element of the rights of the defence, the right to be informed, and the function of upholding the prosecution and adjudicating. The application of provision set in paragraph 4 of Article 455 of the Criminal Procedure Law may lead to a conflict between those principles and functions. The article therefore focuses on the content of each of the principles and functions named, as well as the interaction between the functions of defence, prosecution and judiciary.