Finality Without Effective Review

Abstract

Finality Without Effective Review examines the relationship between prosecutorial finality, evidentiary assessment, and effective legal protection under Latvian criminal procedure. The study focuses on the legal consequences of Section 373(7) of the Latvian Criminal Procedure Law, which renders a prosecutor’s ruling on a complaint against a refusal to initiate criminal proceedings non-appealable, while Section 373(8) simultaneously preserves a prosecutor’s power to assess the legality and validity of such a refusal ex officio. Based on a documented procedural record, the publication examines whether procedural finality may become a barrier to meaningful legality control where potentially material evidence is excluded or remains substantively unaddressed. Particular attention is given to the duty to provide reasons, the distinction between civil disputes and potentially criminal conduct, and the treatment of new evidence after ordinary appeal rights have been exhausted. The study further considers Article 92 of the Constitution of Latvia and, conditionally upon the applicability of EU law, Articles 47 and 51 of the Charter of Fundamental Rights of the European Union. The publication does not allege that any person or company committed a criminal offence. It is an independent documentary and legal analysis intended for academic, professional, and rule-of-law discu