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LAW OF THE REPUBLIC OF BELARUS

of October 16, 2000 No. 430-Z

About enforcement of the Code of penal procedure of the Republic of Belarus

Accepted by the House of Representatives on June 30, 2000

Approved by Council of the Republic on October 2, 2000

Article 1. Enact the Code of penal procedure of the Republic of Belarus accepted on July 16, 1999 (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1999, No. 28-29, of Art. 433; The National register of legal acts of the Republic of Belarus, 2000, No. 47, 2/152) (further - the Code of penal procedure), since January 1, 2001.

Article 2. Due to the enforcement of the Code of penal procedure to recognize invalid:

The code of penal procedure of the Republic of Belarus of December 29, 1960 (SZ BSSR, 1961, No. 1, the Art. 5) (further the Code of penal procedure of 1960), and also all acts of the legislation or their separate provisions which during the period make from December 29, 1960 to January 1, 2001 changes and additions to the Code of penal procedure of 1960 or the concerning applications of its regulations, except for the provisions keeping the action in the cases and procedure provided by this Law then they are considered invalid;

The decree of Presidium of the Supreme Council of the Republic of Belarus of March 13, 1961 "About procedure for enforcement of Criminal and Criminal procedure codes of the Republic of Belarus" (SZ BSSR, 1961, No. 8, the Art. 56);

The resolution of Presidium of the Supreme Council of the Republic of Belarus of March 13, 1961 "About application of the Decree of Presidium of the Supreme Council of the Republic of Belarus of March 13, 1961 "About procedure for enforcement of Criminal and Criminal procedure codes of the Republic of Belarus".

Before reduction of the legislation of the Republic of Belarus in compliance with the Code of penal procedure acts of the legislation of the Republic of Belarus, except for specified in part one of this Article, are applied in that part in which they do not contradict the Code of penal procedure if other is not provided by the Constitution of the Republic of Belarus.

Article 3. Preliminary inquiry and legal proceedings on the criminal cases which are in production of bodies of preliminary inquiry and courts for January 1, 2001 continue according to those bodies of preliminary inquiry and courts in which production they are, with observance of the rules established by the Code of penal procedure if other is not provided by this Law. The carried-out legal proceedings, and also the evidence obtained by bodies of preliminary inquiry and courts according to the Code of penal procedure of 1960 before enforcement of the Code of penal procedure, and in the cases provided by this Law and after enforcement of the Code of penal procedure, are recognized effectual in law.

Article 4. On the criminal cases of private prosecution which are in production of bodies of inquiry for January 1, 2001 preliminary inquiry according to Article 187 of the Code of penal procedure is made.

Article 5. If for January 1, 2001 acquaintance of the victim, civil claimant, civil defendant and their representatives, the person accused, his legal representatives and the defender with criminal case is not finished, then acquaintance term provided by part two of Article 256 and part four of Article 257 of the Code of penal procedure does not extend to them, and if necessary the term of acquaintance is established according to part seven of Article 200 of the Code of penal procedure of 1960.

Article 6. The criminal cases which arrived to the prosecutor with the indictment and are not taken to court before enforcement of the Code of penal procedure return to the investigator or body of inquiry for pronouncement of the resolution on transfer of criminal case to the prosecutor for the direction to court and creation of the reference according to Articles 260, 261 and 262 Codes of penal procedure.

Article 7. Production on criminal cases on which court investigation is begun and is not finished before enforcement of the Code of penal procedure, continues according to the Code of penal procedure of 1960 if trial of case is not postponed or is not suspended.

Article 8. This Law becomes effective since January 1, 2001, except for Article 9, which becomes effective from the date of official publication of this Law.

Article 9. To Council of Ministers of the Republic of Belarus till January 1, 2001:

prepare and introduce in accordance with the established procedure in the House of Representatives of National assembly of the Republic of Belarus offers on reduction of legal acts of the Republic of Belarus in compliance with the Code of penal procedure;

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