The Corruption Prevention and Combating Bureau (KNAB) has sent to the Prosecution Service of Riga court district materials of criminal proceedings initiated in April 2008 related to demand of a 15 000 LVL bribe. The investigator of KNAB suggests starting criminal prosecution against a senior investigator of the Financial Police Department of the State Revenues Service (FPD) and four businessmen acting in the interests of the bribe-taker.
The materials gathered during the investigation reveal that a senior investigator of the FPD, by using intermediaries, has demanded a bribe from an entrepreneur so that an enquiry into activities of his enterprise is not initiated.
Within criminal proceedings, using operational activities, it was established that the requested bribe was taken and provided to the bribe-taker within 2 days in different Latvian cities. Besides, four intermediaries –persons from some enterprises – were involved. The evidence gathered give ground to consider that the investigator of the FPD has used his professional skills as holder of public office to carry out illegal activities, so undermining the possibilities to detect a criminal offence.
The investigator of the FPD was detained on 25 April 2008 after accepting the bribe in the amount of 8 000 LVL. Investigation shows that another part of the bribe – 7 000 LVL – was taken by intermediaries.
Considering that sufficient evidence is gathered during the pre-trial investigation, the investigator of KNAB suggests starting criminal prosecution against the senior investigator of the FPD for committing a serious crime – demanding of bribe and taking of bribe on a large scale (Section 320 (2) of the Criminal Law), while against four suspected businessmen – for intermediation in bribery and misappropriation of bribe (Section 321(1) and Section 322 (1) of the Criminal Law).
To the suspected investigator of the FPD such securities measures not related to deprivation of liberty are applied as prohibition to hold office in the FPD. Also, to the four other suspects securities measures not related to deprivation of liberty are applied.
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Section 320. Accepting Bribes
(1) For a person who commits accepting a bribe, that is, intentionally illegally
accepting the offer of material value, property or benefits of another nature, where
commission thereof is by a State official personally or through an intermediary, for the
performing or failure to perform some act in the interests of the giver or offerer of the
bribe or the interests of other persons by using his or her official position, the applicable sentence is deprivation of liberty for a term not exceeding eight years,
with or without confiscation of property.
(2) For a person who commits the same acts, if commission thereof is repeated or on
a large scale, or if a bribe is demanded, the applicable sentence is deprivation of liberty for a term of not less than three and not exceeding ten years, with confiscation of property.
Section 321. Misappropriation of a Bribe
(1) For a person who commits misappropriation of a bribe which a person has
received in order to provide to a State official, or which he or she has accepted,
pretending to be a State official, the applicable sentence is deprivation of liberty for a term not exceeding four years or with confiscation of property, or community service, or a fine not exceeding one hundred times the minimum monthly wage.
Section 322. Intermediation in Bribery
(1) For a person who commits intermediation in bribery, that is, of acts manifested in
the providing of a bribe received from the giver of the bribe to a person accepting the
bribe, or the bringing together of these persons, the applicable sentence is deprivation of liberty for a term not exceeding six years.