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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of July 9, 1997 No. Z-57/97

About compliance of Item 3 of the Section III "Final provisions" of the Law of May 17, 1997 "About modification and amendments in Criminal and Criminal procedure codes of the Republic of Belarus" to the Constitution and the International Covenant on Civil and Political Rights

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., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., Shabaylova V. I., Cone G. B.

with participation:

representatives of the Supreme Court of the Republic of Belarus which made the offer on check of constitutionality of the Law of May 17, 1997:

Ptashnika V. N. - the vice-chairman of the Supreme Court of the Republic of Belarus;

Chubkovtsa F. I. - judges of the Supreme Court of the Republic of Belarus;

representatives of chambers of the National assembly of the Republic of Belarus which adopted the Law:

Hodnevich T. N. - the vice-chairman of the Commission on homeland security of the House of Representatives of National assembly of the Republic of Belarus;

V.V.'s frost - the chief of department of the criminal law and criminology of Ministry of Internal Affairs Academy of the Republic of Belarus;

Senyuta L. Ya. - chief specialist of Expert legal department of the Secretariat of Council of the Republic of National assembly of the Republic of Belarus;

experts:

Barkova A. V. - head of the department of the criminal law of law department of the Belarusian state university, Candidate of Law Sciences, associate professor;

Lukashova A. I. - chief of department of disclosure and investigation of crimes of Ministry of Internal Affairs Academy of the Republic of Belarus, Candidate of Law Sciences, associate professor

considered in proceeding in open court case "About compliance of Item 3 of the Section III "Final provisions" of the Law of May 17, 1997 "About modification and amendments in Criminal and Criminal procedure codes of the Republic of Belarus to" the Constitution and the International Covenant on Civil and Political Rights".

Took part in judicial session:

Sukalo V. O - Chairman of the Supreme Court of the Republic of Belarus,

Kiselyov A. I. - vice-chairman of Supreme Economic Court of the Republic of Belarus,

Ivanovsky A. V. - deputy attorney general of the Republic of Belarus,

G.N.'s baneberries - Minister of Justice of the Republic of Belarus.

Proceeedings are initiated on June 11, 1997 according to the offer of the Supreme Court of the Republic of Belarus based on article 116 of the Constitution, articles 5 and 6 of the Law "About the Constitutional Court of the Republic of Belarus" and Article 44 of Regulations of the Constitutional Court.

Item 3 of the Section III "Final provisions" of the Law of May 17, 1997 "About modification and amendments in Criminal and Criminal procedure codes of the Republic of Belarus" was subject to check (Zvyazda. On May 29, 1997).

According to the specified Item the sentences which took legal effect concerning persons condemned before enforcement of the Law of May 17, 1997 for making of the crimes listed in Article 7-2, and also provided by parts one, the second and third Article 87, parts one, the second and third Article 88, Article part one 89, parts one and the second Article 90, parts one and the second Article 91, Article 91-1, parts one and the second Article 93, Article 94 and part one of article 96 of the Criminal code of the Republic of Belarus in connection with enforcement of this Law are not subject to revision, except as specified, if penalty is imposed above the maximum limit provided by sanctions of Articles 87, 88 and 90 Criminal codes of the Republic of Belarus in editions of this Law. In such cases review of cases is made by courts according to the procedure of supervision on representation of the bodies knowing execution of punishments.

The law of May 17, 1997 is enacted from the date of its publication.

In the offer on check of constitutionality of Item 3 of the Section III "Final provisions" of the Law of May 17, 1997 "About modification and amendments in Criminal and Criminal procedure codes of the Republic of Belarus" the Supreme Court specified, in particular, the following circumstances.

Application of article 7-2 of the Criminal code in edition of the called Law attracts elimination of criminal liability for number of acts or change of legal qualification on Articles or parts of articles of the Criminal code prescribing milder pinishment. Such law owing to article 104 of the Constitution, Item 1 of article 15 of the International Covenant on Civil and Political Rights, article 6 of the Criminal code has retroactive force, that is extends to the acts made to its edition.

According to the Supreme Court, Item 3 of the specified Final provisions as limiting application of the law eliminating punishability of act or commuting penalty on the sentences which took legal effect concerning persons condemned before enforcement of this Law contradicts article 104 of the Constitution and Item 1 of article 15 of the International Covenant on Civil and Political Rights.

Having heard agents of the parties, experts, witnesses, having studied case papers, having analyzed provisions of the Constitution, the International Covenant on Civil and Political Rights, the Criminal code of the Republic of Belarus, other acts, the Constitutional Court established the following.

The law of the Republic of Belarus of May 17, 1997 "About modification and amendments in Criminal and Criminal procedure codes of the Republic of Belarus", in particular, changes criteria of qualification of some crimes depending on the size of the kidnapped person or the caused damage.

So, petty theft of property according to article 7-2 of the Criminal code plunder on the amount which is not exceeding the tenfold size of the established salary minimum at the time of crime execution is recognized edition of this Law. Before adoption of this law by petty theft of property plunder on the amount which is not exceeding the established salary minimum at the time of crime execution was recognized.

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