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The incident with the police when doing business with CBD

Lumos helps AdilCBD

Adil CBD business owner receives pro bono juridical help from LUMOS

Adil receives free (pro bono) juridical help from Latvian law firm LUMOS due to unjustified withhold of our products. Which were executed by the Tax and Customs police administration of the State. 

Our products that don’t contain prohibited substances had been unjustifiably withheld

ADIL CBD founder was informed about the products being withheld by courier service DHL. DHL was responsible for shipping cannabidiol (CBD) containing AdilCBD oils in Latvia.

Although we immediately submitted information about our oil composition to the State administration of public revenue, a criminal procedure was started. After the withdrawal of products, an ingredient examination was arranged. It was concluded with experts approval that the withheld products contain cannabidiol. Which is not a part of Latvia’s controllable narcotic substance, psychotropic substance, and precursor lists.

Taking into account the previously stated, the criminal procedure was ended. Nevertheless, Adil had to come to terms with the products being seized for half a year.  Only after five months after the products had been confiscated the testing finally began where the experts acknowledged that the products contained no illegal substances and within two weeks were returned.

While the products were being held, they were opened to take samples making them not fit for sale. Additional the CBD oil had been held for so long that it passed it expiry date.

From the start of criminal procedure, until the end. ADIL had not been informed that a criminal procedure had been started relating to the property of Adil. There, we were not provided with an opportunity to submit our companies certificates that assure the adequacy of the product normative acts. Due to our situation, LUMOS has submitted an application under our name about compensation of damages done to Adil to the General Prosecutor Office of the Republic of Latvia.

The law provides the right to compensation for damages

The Compensation law means that a company has a right to compensation of damages according to the Compensation of damages made during the criminal procedure and administrative offence documentation law.

The judicature states that the Compensation law’s norms are not followed by a precondition that demand of damage compensation following the listed law can be submitted only by a private person to whom a definite status is assigned during the criminal procedure.

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Companies often face losses or damages of the goods during the shipment.

In the course of criminal procedure, the investigatory institution can also cause damage to a private person if they have not been assigned a status in the specific criminal procedure, i.e., they are not considered as included in the criminal procedure. The private person having no assigned status does not change the context of the institution’s criminal procedure actions. [1]

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Indeed in this stressful time, CBD helped!

Additionally, the Senates judicature admits that the legislators intent of including 2nd clauses second part was to establish a united procedural order. By which any damage done throughout the criminal procedure or administrative offence documentation shall be compensated. Because varied damage compensation order depending on the situation would be against the Republic of Latvia Constitution’s 91st clause. Furthermore, the law’s 4th and 5th clauses overlook only the most common and vital, but not all possible legal damage compensation instances and compensation can also be granted in situations not covered by the previously listed rights norms. [2]

Criminal procedure law 382 clauses first part establishes: “In the criminal procedure the procedure guide chooses and does procedural activities to provide the achievement of the criminal procedure’s goal as soon and economically as possible.” And according to criminal procedure law’s 14th clause’s second part: “The guide of the process chooses the most adequate and simple type of criminal process for the specific conditions and does not allow unjustified interference in the person’s life and unwarranted expenses.”

In case of the damage or confiscation of the goods, the person is advised to refer to a qualified judicial help provider and take into account the further noted:

  • – Compensation law provides the right to receive damage compensation if the institution including State Revenue service or police has damaged the person’s property in the process of withholding or investigation or it has become impracticable;

  • – The person can receive compensation even if they have not been assigned a status in the specific criminal procedure;

  • – Compensation law provides only the most common and vital, but not all possible damage compensation instances in the criminal procedure and administrative offence documentation; therefore the person has a right to receive damage compensation even in cases not provided in the law;

  • – To receive compensation the person must refer with an application to the General Prosecutor Office of the Republic of Latvia; the application is reviewed and an answer is given to the addressee in up to 3 months after its receipt. 

Law firm LUMOS provides clients with judicial assistance in criminal procedures and administrative offence cases in definite instances taking upon themselves the provision of free juridical help. 


References:

[1] Senate of the Republic of Latvia Administrative case department’s 18th October 2019 decision in case Nr. A420255418, SKA-1533/2019

[2] Senate’s 14th November 2018 decision in case Nr. SKA-1081/2018 (ECLI:LV:AT:2018:1114.SKA108118.4.L) points 12 to 13.

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