of June 24, 2005 No. P-186/2005
About offers on application of regulations of the legislation on amnesty
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z., having considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus addresses of convicts with claims to non-use to them of amnesty, established the following.
Article 10 of the Law of the Republic of Belarus of January 8, 2004. "About amnesty of some categories of persons who committed crimes" the possibility of release from punishment partially for a period of one year is provided:
persons to whom custodial sanction is imposed;
persons to whom penalty in the form of restriction of freedom (article 55 of the Criminal code of the Republic of Belarus is imposed (further - UK), and persons who are conditionally condemned to imprisonment with obligatory involvement of the convict to work (article 23-1 UK of 1960);
persons to whom unexpired part of imprisonment is replaced with punishment in the form of restriction of freedom or corrective works (article 91 UK), and persons which are conditionally exempted from places of detention with obligatory involvement of the convict to work (article 51-2 UK of 1960);
the military personnel to whom penalty in the form of the direction in disciplinary military unit is imposed.
The specified Article provides also possibility of release from punishment of above-mentioned persons who on the date of consideration of materials about application of amnesty before the termination of term of punishment have less than one year.
According to article 13 of the above-named Law the persons who committed crimes about day of entry into force of this Law, both condemned, and are not condemned by courts of the Republic of Belarus, person concerning which sentences are considered in cassation or supervising procedure fall under its action. The convicts who committed crimes about day of entry into force of this Law and concerning which sentences are decided before the termination of term, the stipulated in Clause 22 same Laws fall under operation of article 10 of this Law.
Similar provisions contain in the relevant articles of the Law of the Republic of Belarus of May 5, 2005. "About amnesty in connection with the 60 anniversary of the Victory in the Great Patriotic War of 1941-1945".
In the Constitutional Court claims of convicts to non-use of amnesty to them in the form of reducing term of serving of the imposed penalty for one year arrive when sentences concerning them were pronounced before adoption of law on amnesty or during its execution, and then were cancelled in supervising procedure and new sentences were decided after the expiration which is taken away on execution of the law on amnesty.
On the questions connected using the laws on amnesty, the Constitutional Court already made decisions which found support of both Parliament of the Republic of Belarus, and Prosecutor's office of the Republic of Belarus and in subsequent received realization in the laws on amnesty.
In the decision of November 17, 2000. The constitutional court formulates line item according to which convicts concerning whom sentences did not take legal effect in connection with their cassation appeal (protest) have the right to amnesty. The decision of January 11, 2002. The constitutional court confirms the right to amnesty of convicts concerning whom the sentences which took legal effect were reviewed according to the procedure of supervision.
Due to the receipt in the Constitutional Court of claims of convicts to non-use of article 10 of the Law of the Republic of Belarus to them of January 8, 2004. "About amnesty of some categories of persons who committed crimes" (further - the Law of January 8, 2004) in those cases if the sentences pronounced concerning them before entry into force of the law on amnesty or during its execution were reviewed, and new sentences were decided after the expiration which is taken away on execution of the law on amnesty, the Constitutional Court made the decision of November 9, 2004 which is sent to the Attorney-General of the Republic of Belarus. In the decision the attention that persons who committed crimes about day of entry into force of the law on amnesty and convicts to or during execution of this law have the right to amnesty even if afterwards sentences concerning them were reviewed is again paid. This line item of the Constitutional Court is supported by Prosecutor's office of the Republic of Belarus, and the issue of application of amnesty is resolved positively concerning particular persons according to whose claims the specified decision (the letter of February 10, 2005 No. 17/102-2004 is made (4,5-2005).
At the same time the claims of convicts continuing to arrive in the Constitutional Court confirm refusal by it in the right to amnesty in the above-stated cases. So. and T. were condemned on December 24, 2003, that is even before adoption of law of January 8, 2004, but the sentence concerning them is cancelled in supervising procedure, and the new sentence is decided after completion date of the specified Law. The court of Zheleznodorozhny district of Gomel which pronounced repeated sentence concerning these persons applied to them article 10 of the Law providing reducing term of punishment for one year. The judicial board on criminal cases of the Gomel regional court also agreed with such decision. However the presidium of the same court excluded from sentence specifying on application to. and T. amnesties, having referred to the fact that the repeated court verdict was pronounced after six months, that is the term allotted for execution of the law on amnesty. Claims of convicts in the Supreme Court of the Republic of Belarus and in Prosecutor's office of the Republic of Belarus on non-use of article 10 of the Law to them of January 8, 2004 are left without satisfaction.
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