IN SHORT:
The General Prosecutor’s Office’s inspection evaluated the behavior and timeliness of the responsible officials in fulfilling their duties.
There is a reason to evaluate a possible disciplinary violation by two prosecutors and a possible violation of the code of ethics by one prosecutor.
As a result of the examination, the General Prosecutor’s Office initiated two criminal proceedings against Rusina.
Prosecutors investigating domestic violence cases should be provided with training beforehand.
The General Prosecutor’s Office encourages the creation of social campaigns and a website for victims of violence.
The General Prosecutor’s Office informed that during the inspection, the legality, reasonableness, and timeliness of the actions of the responsible officials of the Prosecutor’s Office, in implementing the duties assigned to them, were intensively evaluated.
Two criminal proceedings have been initiated; alleged misconduct by three prosecutors
In order to draw objective conclusions, a series of explanations from the officials were accepted during the inspection, including the mutual cooperation and communication regarding the progress of the application submitted by the victim to the prosecutor’s office on September 15, 2022, the results of its examination and control, as well as the prosecutor’s communication with the victim’s legal aid provider.
The inspection found that there is a basis for the Prosecutors’ Attestation Commission to submit materials for evaluation regarding possible disciplinary violations by two prosecutors, as well as possible violations of the norms of the Code of Ethics of Latvian Prosecutors by one prosecutor.
As a result of the examination, two criminal proceedings have been initiated at the General Prosecutor’s Office, including for the criminal offenses allegedly committed by Rusiš – stalking and threatening to commit murder and cause serious bodily harm to the victim in the parking lot of the “Selija” shopping center in Jēkabpils.
During the inspection carried out by the General Prosecutor’s Office, two tried criminal cases were examined, in which Rusiņš was found guilty of committing four criminal offenses related to the decision on non-execution of protection against violence; one criminal case at the trial stage, in which Rusiņš is accused of committing eight criminal offenses – failure to comply with a decision on protection against violence; one criminal case under investigation, in which 15 criminal offenses are being investigated, including non-fulfilment of a decision on protection against violence, hooliganism, defamation, stalking, threats to commit murder and serious bodily injury.
Also, during the inspection, an examination of six materials related to Rusiņas’ actions, in which decisions were made on refusal to initiate criminal proceedings, and an examination of 21 materials related to Rusiņas’ actions, for which proceedings of administrative violations were initiated, were made.
Stukans instructs the prosecutors to ensure the quality of the investigation
The review and improvement of management processes continues in the Prosecutor’s Office. Internal legislation is reviewed and evaluated.
On July 21, the order of the Prosecutor General Jura Stukānas was supplemented and clarified, instructing the prosecutors to immediately, from the day of initiation of the criminal proceedings, get involved in the implementation of the criminal proceedings, in order to
to immediately ensure the quality and efficiency of the investigation also in criminal proceedings related to violence or the threat of violence,
if it is committed against a person with whom the perpetrator of the criminal offense is in the first or second degree of kinship, or against a spouse or former spouse, or against a person with whom the perpetrator of the criminal offense is or has been in a permanent intimate relationship, or against a person with whom the perpetrator of the criminal offense the perpetrator has a joint (undivided) farm in the family.
Prosecutors would need additional training
The General Prosecutor’s Office has concluded that it is necessary to develop methodological materials on the separation of Article 168.1 and Article 312 of the Criminal Law, as well as on the rights of the victim in criminal proceedings, which are conducted for the possible commission of the criminal offense provided for in Article 168.1 of the Criminal Law.
“Taking into account that in criminal proceedings in which criminal offenses related to domestic violence are investigated, an official conducting criminal proceedings needs in-depth knowledge and understanding in psychology, it is necessary to understand the behavior of the violent person and the victim of violence, the need has been identified in all structural units of the prosecutor’s office
to determine the specialization of individual prosecutors also in criminal proceedings in which criminal offenses related to domestic violence are investigated, in supervision and criminal prosecution, before providing them with appropriate additional training.”
indicated by the General Prosecutor’s Office.
Encourages to create social campaigns and website
On the other hand, on May 24, the Prosecutor General submitted to the Prime Minister Krišjānis Kariņas (“Jaunā Vienotība”) proposals for ensuring public protection against violence, including a reasoned vision of the need to make amendments to several laws and regulations of the Cabinet of Ministers, which would allow to perfect and improve the mechanism of protecting the victim from the possible guilty person , as well as reduce the recurrence of violent crimes and promote inter-institutional cooperation in the prevention, detection and investigation of such crimes.
The proposals express an opinion on the need to carry out regular social campaigns, the target audience of which are both victims of violence and persons who have committed violence,
and to create a website that together contains clear and detailed information about the rights of these persons, as well as opportunities to receive all kinds of professional help and other measures aimed at public education and awareness.
CONTEXT:
On April 16, a woman born in 1983 was killed in Jēkabpils region in front of her child and mother. The murder was committed by her ex-husband Leon Rusiņš, who threatened and harassed the woman for months; it was regularly reported to the police, but the woman was not protected.
The head of the state police, Armands Ruks, instructed to start the inspection of the service in order to “make sure that the police officers have acted in accordance with the regulatory framework, sufficiently proactively and professionally”. Ruks announced that in connection with the search for Rusinas, the head of the Eastern Zemgale police station, Rolands Bērziņš, has lost his position and the service check is ongoing.
The Rusini police have been searching for the murderers for two months, while it is not excluded that the man may have committed suicide.
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2023-07-28 12:03:00
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