On December 20, 2011, representatives of law office INLAT PLUS participated at a meeting held by the Ministry of the Interior Affairs of the Republic of Latvia, which was dedicated to the problem of fake marriages. Some of the issues discussed were outstanding features of fake marriages, prevention of fake marriages, liability for embroilment into fake marriages, etc.
There is no direct paragraph in the Criminal Law allowing bringing to liability for entering into fake marriages, however upon conclusion of such marriages, elements of criminal nature are often present, and namely: human trafficking, involvement of a person in prostitution.
For a person who commits human trafficking, the applicable punishment is deprivation of liberty for a term of not less than three years and not exceeding 15 years, as stated in Paragraph 154.1 of the Criminal Law. For a person who commits involvement of a person in prostitution, the applicable punishment is deprivation of liberty for a term of not less than three year and up to 15 years. Other criminal offenses which may take place are falsification of documents, providing false statement to the government institutions, fraud, infliction of bodily injury.
Even in the case of voluntary fake marriages, people usually may not imagine the possible problems they might face as a result – these are the issues of moral and physical violence, sexual abuse, issues of marriage dissolution, etc.
Law office INLAT PLUS also believes that fake marriages (i.e. marriages entered into without a purpose of creating a family) should be declared invalid as prescribed by the Civil Law and Civil Procedure Law of the Republic of Latvia. According to the second part of Clause 60 of the Civil Law, a marriage that has been entered into fictitiously, i.e., without the intent to create a family, shall be declared annulled. Clause 237 of the Civil Procedure law says that an action for annulment of a marriage may be brought by persons interested or by a public prosecutor. Within the meaning of this clause, interested persons are the spouse’s relatives and members of the family.
Law office INLAT PLUS believes it is unacceptable to enter into a marriage without the intent to create a family and is eager to provide legal assistance in the territory of Latvia and abroad to those who, due to any kind of reasons, have become victims of fake marriages. We are ready to assist in preparing petitions and applications to be submitted to the law enforcement authorities to initiate criminal cases, legal claims, as well as in collecting evidence, representing the parties in the court and contesting court decisions.
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