Document from CIS Legislation database © 2003-2017 SojuzPravoInform LLC

CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of November 28, 2001 No. Z-132/2001

About compliance of the Constitution of provisions of Items 20 and 21 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of April 10, 1992 No. 1 "About court practice on cases on bribery"

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z.

with participation of representatives:

Council of Ministers of the Republic of Belarus - Romanovich I. P.;

The Supreme Court of the Republic of Belarus - Mintz I. N.

No. 1 "About court practice on cases on bribery" considered in proceeding in open court case "About compliance of the Constitution of provisions of Items 20 and 21 of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of April 10, 1992.

Took part in judicial session: Miklashevich P. P. is the First Deputy Chairman of the Supreme Court of the Republic of Belarus, Ivanovsky A. V. - deputy attorney general of the Republic of Belarus, Petrash A. S. - First Deputy Minister of Justice of the Republic of Belarus.

According to part four of article 116 of the Constitution of the Republic of Belarus the Constitutional Court according to offers of the bodies specified in this Article draws, in particular, the conclusions about constitutionality of acts of the Supreme Court of the Republic of Belarus.

Check provisions of Items 20 and 21 of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of April 10, 1992 were subject to No. 1 "About court practice on cases on bribery" (with changes of January 18, 1993, on December 18, 1997 and on March 29, 2001).

According to Item 20 of this resolution "release from criminal liability based on racketing of bribe or the voluntary statement for bribery (the note to Art. 431 of UK of the Republic of Belarus) does not exclude criminal nature of the actions made earlier by the briber. Therefore he is not recognized to the victims from crime such cases. Owing to this fact the money and other values which were bribe subject are subject to the address to the income of the state".

According to Item 21 of the specified resolution "the withdrawn money and other values which are subject of bribe and recognized by physical evidences are subject to the address to the income of the state based on Art. 98 of the Code of Criminal Procedure. If the money and other values transferred in bribe type were not found, the cash equivalent of superficially acquired benefit is collected from the defendant in the income of the state. Money and other values if they were mistakenly returned to the briber, can be collected from him in the income of the state in the claim of the prosecutor according to the procedure of civil legal proceedings".

In the offer of Council of Ministers made in connection with the address of the Minister of Internal Affairs the question of check of constitutionality of provisions of these Items of the resolution of the Plenum of the Supreme Court of April 10, 1992 is raised No. 1. According to the initiator of the offer, they are not based on regulations of the penal and criminal procedure legislation, put in unequal position the persons who bribed, but subject to release from criminal liability according to the note to article 431 of the Criminal code of the Republic of Belarus (in further UK), and the persons who committed other crimes, also subject to release from criminal liability in connection with their active repentance. The address to the income of the state of the subject of bribe belonging on the property right to the person who bribed, but subject to release from criminal liability in connection with the racketing of bribe taking place or the voluntary statement of the guilty person for bribery according to Council of Ministers does not promote disclosure of such dangerous crime as taking of a bribe.

Having heard the judge-speaker Sarkisova E. A., agents of the parties, expert Lukashov A. I. - the doctoral candidate of Ministry of Internal Affairs Academy of the Republic of Belarus, Candidate of Law Sciences, the associate professor, having analysed provisions of the Constitution, Criminal and Criminal procedure codes of the Republic of Belarus, the resolution of the Plenum of the Supreme Court of April 10, 1992 No. 1 "About court practice on cases on bribery", investigative and court practice, and also other case papers, the Constitutional Court established the following.

Full text available with active License only!

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 36000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.