Satversmes 105. pantā garantēto tiesību aizsardzības efektivitāte tiesā pirmstiesas kriminālprocesa laikā

Abstract

Article 105 of the Constitution guarantees the protection of human rights to property. A criminal offence may be directed at the victim’s property and therefore actions must be taken in criminal proceedings to ensure the protection of the victim’s rights. In carrying out this task, the right of the bona fide owner may be infringed. The article analyses the situation, identifies problems and offers solutions to them. The other circle of persons whose rights to property may be limited during criminal proceedings can be the affected owner of the property – the person whose property may be arrested or confiscated. The article offers a proposition aimed at more effective protection of these rights.