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

of March 26, 2003 No. 1

About court practice on cases on the crimes connected with drugs, psychotropic substances, their precursors and analogs strong and toxic agents (st.st.327-334 UK)

(as amended on 31-03-2016)

Having discussed practice of application by courts of the legislation on responsibility for the crimes connected with drugs, psychotropic substances, their precursors and analogs strong and toxic agents for the purpose of its correct and uniform application the Plenum of the Supreme Court

decides:

1. Draw the attention of courts that drug trafficking, psychotropic substances, their precursors and analogs, and also strong and toxic agents promotes spread of drug addiction as socially dangerous phenomenon which attracts harmful effects for health of citizens and exerts impact on rise in crime.

By hearing of cases about the crimes connected with drugs, psychotropic substances, precursors and analogs, strong and toxic agents, courts need to take all measures provided by the law to objective, complete and comprehensive investigation of circumstances, identification of sources of acquisition by guilty persons of such means, substances and the equipment necessary for their production.

2. By hearing of cases about crimes which subject are drugs, psychotropic substances, precursors and analogs, strong and toxic agents it is necessary to be guided by the Art. of Art. 327-334 of UK, the Law of the Republic of Belarus of July 13, 2012 No. 408-Z "About drugs, psychotropic substances, their precursors and analogs", the resolution of the Ministry of Health of the Republic of Belarus of February 11, 2015 No. 19 "About establishment of the Republican list of the drugs, psychotropic substances and their precursors which are subject to the state control in the Republic of Belarus", and in case of their quantitative assessment – the resolution of Council of Ministers of the Republic of Belarus of November 24, 2000 No. 1785 "About approval of the List of drugs, psychotropic substances, their analogs found in illicit trafficking with their quantitative estimates".

3. Courts should mean that determination of drugs, psychotropic substances, their precursors and analogs, and also especially dangerous drugs or psychotropic substances which are subject to the state control in the Republic of Belarus according to the legislation of the Republic of Belarus, international treaties of the Republic of Belarus, the Single convention on drugs of 1961, the Convention on psychotropic substances of 1971, the Convention of the UN on fight against illicit trafficking in drugs and psychotropic substances of 1988 contains in notes to Art. 327 of UK.

Courts should consider that for determination of type of means and substances (narcotic, psychotropic, either their analog especially dangerous drug or psychotropic substance, strong or poisonous), their names and properties, origins, method of production or conversion, and also for establishment of belonging of plants and mushrooms to the cultures containing drugs or psychotropic substances are required special knowledge. Therefore by hearing of cases of this category it is necessary to have the corresponding expert opinions.

Drug trafficking, psychotropic substances, their precursors and analogs, strong or toxic agents is recognized illegal if it is performed in defiance of requirements of the legislation of the Republic of Belarus.

4. Explain to courts that responsibility for plunder of drugs, psychotropic substances, their precursors and analogs (Art. 327 of UK) comes in case of intentional, illegal, non-paid occupancy by them by theft, robbery, robbery, racketing, fraud, abuse of office powers, assignment, waste or use of the computer equipment from legal or adverse possession of legal entities or citizens.

As plunder it is necessary to qualify collection of the plants and mushrooms containing drugs or psychotropic substances (or their parts - boxes, stalks of poppy, hemp stalks, etc.), which are grown up on the parcels of land of agricultural and other enterprises or citizens prohibited to cultivation. Plunder of drugs, psychotropic substances, their precursors and analogs can be committed irrespective of availability or absence at the guilty person of the mercenary purpose.

5. Courts should mean that actions of person who stole drugs, psychotropic substances, precursors and analogs and their conversion, further without sales objective, storage, transportation, transfer are subject to qualification according to Art. 327 of UK and p.1 Art. 328 of UK.

If the guilty person pursued sales objective of the called means and substances, deeds it is necessary to qualify according to Art. 327 of UK and h 2, the 3 or 4 Art. 328 of UK.

6. Draw the attention of courts that in case of condemnation of person for crime execution provided by Art. 327 and Art. 333 of UK in sentence needs to be specified by what of the methods listed in the note to Chapter 29 of UK it is stolen.

The plunder of drugs, psychotropic substances, precursors and analogs of especially dangerous drugs or psychotropic substances, strong or toxic agents committed by robbery is recognized ended from the moment of use of violence or threat of its application for the purpose of direct occupancy by these means or substances, and by racketing - from the moment of the submission of demand about transfer of these means or substances supported with threat of making of the actions listed in Art. 208 of UK.

Plunder of the called means or substances, precursors and analogs otherwise is recognized completed crime if they were withdrawn and the guilty person had real opportunity to dispose of them at discretion. The plunder provided by Art. 333 of UK unlike other alternative acts called in this Article can take place irrespective of availability or lack of sales objective of subject of plunder.

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