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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of September 30, 1994 No. P-2/94

About Compliance of article 94 of the Criminal code to other regulations of the Republic of Belarus

Constitutional court of the Republic of Belarus as a part of the chairman - the vice-chairman of the Constitutional Court Tikhini V. G., Vasilevich G. A. judges., Kenik K. I., Podgrusha V. V., Seredy N. M., Tishkevich S. I., Fadeyeva V. A., Filipchik R. I., having considered on the initiative in judicial session question of compliance of article 94 of the Criminal code to other regulations of the Republic of Belarus

ESTABLISHED:

Article 94 of the Criminal code of the Republic of Belarus (in edition of March 1, 1994) does not contain list of forms in which the actions recognized by petty theft can be expressed. Thus, article 94 of the Criminal code allows qualification of robbery or robbery as petty theft if the intention of the guilty person covered occupancy by property on the amount to one minimum wage. At the same time specified regulation provides possibility of criminal prosecution for petty theft in case of its making within year after imposing of administrative punishment for the same violation. However, article 51 of the Code of Administrative Offences (in edition of March 24, 1993) contains exhaustive list of forms in which petty theft can be expressed, and does not allow qualification of robbery or robbery as petty theft.

Therefore, the specified laws in this part contradict each other. At the same time from two conflict-of-laws rules first (article 94 UK) contradicts the developed court practice and the theory of the criminal law, and second (article 51 Administrative Code) will be approved with them. Therefore, the Plenum of the Supreme Court of the Republic of Belarus in Item 31 of the resolution N3 of June 17, 1994 "About application of the legislation by courts on cases on plunder of property" made the leading explanation contradicting article 94 UK that "plunder of property by robbery or robbery, irrespective of the size and the cost of the kidnapped person, shall be qualified as robbery or robbery".

DECIDED:

1. Suggest the Supreme Council of the Republic of Belarus to bring article 94 of the Criminal code of the Republic of Belarus into accord with other regulations of the Republic.

2. Send to the copy of this decision to the President of the Republic of Belarus, the Chairman of the Supreme Council of the Republic of Belarus, the Prime Minister of the Republic of Belarus, the Chairman of the Supreme Court of the Republic of Belarus, the Chairman of Supreme Economic Court of the Republic of Belarus, the Attorney-General of the Republic of Belarus, the Minister of Justice of the Republic of Belarus.

 

The chairman - the deputy

Chairman Konstitutsionny

Vessels of the Republic of Belarus

V. G. Tikhinya

 

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