RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of September 26, 2019 No. 3

About practice of application by courts of the regulations of the Code of penal procedure of the Republic of Belarus regulating appeal production

Having discussed results of studying and generalization of court practice, for the purpose of the correct and uniform application by courts of the criminal procedure legislation regulating appeal production, the Plenum of the Supreme Court of the Republic of Belarus DECIDES:

1. Draw the attention of courts that the correct and uniform application of the criminal procedure legislation regulating appeal production is guarantee of constitutional right of citizens for judicial protection, including the right to appeal of court decrees (Article 60 and part three of article 115 of the Constitution of the Republic of Belarus), it is designed to provide legality, justification and justice of court decrees, protection of the rights, freedoms and legitimate interests of the physical persons and legal entities participating in criminal trial to promote increase in efficiency of criminal justice.

Appeal Courts, strictly respecting the rules of the Code of penal procedure of the Republic of Belarus (further - the Code of Criminal Procedure) regulating appeal production, using the powers conferred by the law, shall provide objective check of criminal cases in full concerning all persons accused, without being limited to arguments of appeal (private) claims and protests.

2. Explain to courts that the court verdict of the first instance which did not take legal effect can be appealed in appeal procedure by the person accused, his defender and the legal representative, the victim, the private prosecutor and (or) their representatives, and in the part relating to the civil action, also civil claimant, the civil defendant and their representatives. Not only the prosecutor participating in consideration of criminal case as the state prosecutor but also heads of bodies of prosecutor's office and their deputies within competence irrespective of participation in legal proceedings of criminal case (part 1-4 of article 370 Code of Criminal Procedure, the paragraph the fourth article 3 of the Law of the Republic of Belarus of May 8, 2007 has the right to bring appeal protest on sentence to No. 220-Z "About prosecutor's office of the Republic of Belarus").

The petition for appeal of the legal representative of the minors of the person accused or victim which reached age of eighteen years by day of consideration of criminal case in appeal procedure is subject to consideration on the merits by Appeal Court.

In case of the death of the person accused sentence can be appealed by person recruited in the criminal proceeding as the representative of the died person accused according to the procedure provided by articles 468-14 and 468-15 Codes of Criminal Procedure (Item 15 of part 1 of article 57-2 Code of Criminal Procedure).

Submission of the petition for appeal by person to whom such right is not granted by the law and bringing of appeal protest by the prosecutor outside its competence is equal attract their return to the person who made the complaint or brought protest under the judge's ruling.

3. It is strict to Trial Courts to observe the provisions of the criminal procedure law regulating conditions and procedure for submission of petitions for appeal and bringing of appeal protests, considering that appeal production begins with the moment of their acceptance by the judge of Trial Court. Pronouncement of the proceeding decision on adoption of the claim or protest and the beginning of appeal production is not required.

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