of January 20, 2006 No. 74
About the Concept of protection of the victims of criminal activities
Council of Ministers of the Republic of Belarus DECIDES:
Approve the enclosed Concept of protection of the victims of criminal activities.
To the Ministry of Justice to bring the specified Concept to interested.
To provide to the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus implementation of this Concept.
Prime Minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 20, 2006 No. 74
This Concept is developed in pursuance of subitem 9.4 of Item 9 of the State program on strengthening of the fight against crime for 2004-2005 approved by the Presidential decree of the Republic of Belarus of February 13, 2004 No. 75 (The national register of legal acts of the Republic of Belarus, 2004, No. 27, 1/5335).
Adoption of this Concept is caused by negative tendencies in development of crime and integrally related criminal victimization of the population during transition of the country to the market relations, and also need to contrast with them complex of system measures for protection of the victims of criminal activities.
According to the Declaration of the basic principles of justice for the victims of crimes and authority misuse accepted by the United Nations on November 29, 1985 the term "victims" is understood as persons to whom physical, material or moral harm (damage) as a result of the action or failure to act breaking the penal statute is done. Such person is considered the victim irrespective of, the offender is established, arrested, prosecuted or condemned. Close relatives and dependents of the direct victim, and also person to whom the damage was caused in attempt to give help to the victim for prevention of impact of effects of criminal activities treat the victims of crimes in appropriate cases.
In this Concept the term "victim of crime" * according to the criminal procedure legislation of the Republic of Belarus is understood as physical person to which socially dangerous act provided by the penal statute does physical, property or moral harm and concerning which the body conducting criminal procedure issued the decree (determination) on recognition it by the victim (Item 1 of Article 49 of the Code of penal procedure of the Republic of Belarus), and also family members, close relatives or legal representatives on cases on crimes which effect was the death of the victim (item 4 of Article 49 of the Code of penal procedure of the Republic of Belarus).
* Further in this Concept in case of statement of the concept "victim of crime" the terms "the victim from crime", "victim from criminal activities" in relation to the provisions concerning the legislation of the Republic of Belarus will be used.
In the United Nations Declaration about the basic principles of justice for the victims of crimes and authority misuse legal protection of the victims of criminal activities is proclaimed one of priority tasks of the bodies conducting criminal procedure with ensuring broad access to justice mechanisms with it at all stages of criminal procedure, compensation of physical, property and moral harm in the form of restitution and compensation. In many countries of the world community special laws are adopted about protection of the victims of crimes, national services and funds of the help to the criminal victims are created.
Legal status of the victims from crimes in general corresponds to United Nations Declaration provisions of November 29, 1985 and to other international legal documents - to the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child. By the legislation of the Republic of Belarus the victim is the independent participant of criminal procedure allocated with a number of the rights and obligations (Article 49, 50 Codes of penal procedure of the Republic of Belarus). In criminal procedure the regulations providing acceptance by the bodies conducting criminal procedure and court of measures for safety of the victims, witnesses and other participants of criminal procedure are effective.
However possibilities of further enhancement of the status of the victim of crime on the basis of the United Nations Declaration of November 29, 1985 and other international legal documents are implemented in the Republic of Belarus still insufficiently actively, especially taking into account the existing higher requirements of the legislation of developed countries of the world community for protection of the rights of the victims of criminal activities. For example, of November 24, 1983 about compensation of damage to the victims of violent crimes it is provided in the European convention that it is made at the expense of the state if it cannot be provided from other sources, for persons to whom the serious loss is caused to physical condition and health or who were dependent on the dead as a result of such crimes.
United Nations Declaration provisions of November 29, 1985 on protection of the victims of crimes extremely slowly take root into practical activities of the bodies conducting criminal procedure that negatively affects overall performance on crime prevention and impacts of effects of criminal activities on the population.
The risk to fall victim of crime is rather high. Polls of the population showed that more fifth part of respondents were in the past the victims of different categories of crimes, and some of them were those two and more times.
Individual remedies from criminal assaults did not gain due distribution in the Republic of Belarus (gas guns, stun guns, barrels with the paralyzing aerosols). Overwhelming part of the victims from less heavy, heavy and especially serious crimes as showed poll of convicts for these crimes, did not show any actual resistance to criminals.
Suspects, persons accused have the right in case of their detention or application of measure of restraint in the form of detention to get free legal advice bureau of the lawyer even before the first interrogation. Besides, in practice lawyers to destination in many cases (according to the decision of the manager of legal advice bureau or council of Bar, and also the body conducting criminal procedure in which production there is criminal case) give in criminal procedure to the suspect, the person accused legal aid free of charge (part eight of Article 46 of the Code of penal procedure of the Republic of Belarus), at the expense of means according to Bar or the states. The victims from crimes by the legislation of the Republic of Belarus have no rights to free legal aid.
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