Search for Persons in Latvia and Abroad

Abstract

People disappear for different reasons: someone avoids legal proceedings or punishment, another one has been kidnapped or killed, lost, or someone else wants to start their life again elsewhere. The aim of this publication is to evaluate the procedure of search for persons, providing an insight into the legal basis for starting search at a national level and describing the conditions for search for persons outside the borders of Latvia. In order to implement the intended, the author evaluates national and international legal norms that affect the process of searching for persons, describes possible problems and provides recommendations for their solution. Incorrect understanding and application of legal norms creates violations of rights. Respect for the rule of law, on the other hand, is a precondition for respect for human dignity, freedom, democracy, equality, and human rights. In performing the set tasks, the author used analytical, comparative, descriptive methods. The study has led to conclusions that at a national level it is possible to initiate search for a person for various purposes within the framework of criminal proceedings, operational activities, administrative offence proceedings, and resoric test. However, the inclusion of data in the SIS is allowed only in the framework of criminal proceedings and operational activities. National regulations should provide for procedure for the implementation of Regulation 2018/1862 alerts for the purpose of “travel ban”. The imprecise legal provisions need to be improved to facilitate cooperation at a national and international level.