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PENITENTIARY CODE OF THE REPUBLIC OF BELARUS

of January 11, 2000 No. 365-Z

(as amended on 06-01-2021)

It is accepted by the House of Representatives on December 14, 1999

Approved by Council of the Republic on December 22, 1999

General part

Section I. Basic provisions of the criminal and executive legislation of the Republic of Belarus

Chapter 1. General provisions

Article 1. Criminal and executive legislation of the Republic of Belarus

The criminal and executive legislation of the Republic of Belarus consists of of this Code *) and other acts of the legislation of the Republic of Belarus determining procedure and conditions of execution and serving sentence, and equally in application of other measures of criminal liability.

*) Parts of Articles (except for having one part) in this Code are numbered by the Arab figures with point, Items of parts of Articles - the Arab figures with bracket.

Article 2. Tasks and contents of the criminal and executive legislation of the Republic of Belarus

1. The criminal and executive legislation of the Republic of Belarus according to the purposes of criminal liability has the tasks regulation of execution and serving condemned punishment and other measures of criminal liability, determination of means of goal achievement of criminal liability and social adaptation of convicts in the course of its realization, protection of the rights and legitimate interests of convicts.

2. According to objectives this Code establishes general provisions and the principles of execution of the punishment and other measures of criminal liability provided by the Criminal code of the Republic of Belarus; procedure and conditions of execution and serving of the specified criminal law action measures, and also applications concerning the condemned means of corrective and preventive impact; legal status of convicts and system of guarantees of protection of their rights and legitimate interests; procedure for activities of the bodies and organizations performing punishment and other measures of criminal liability, and equally in participation of state bodies, other organizations, public associations and citizens in correction of convicts; procedure for release from punishment and assistance exempted in social adaptation.

3. The Council of Ministers of the Republic of Belarus, republican state bodies within the competence has the right to adopt the regulatory legal acts based on the law concerning execution of the punishment and other measures of criminal liability. By these regulatory legal acts restrictions for convicts cannot be set if those are not provided by the law.

Article 3. Criminal and executive legislation and international legal acts

1. The criminal and executive legislation of the Republic of Belarus is based on the Constitution of the Republic of Belarus, the conventional principles and rules of international law, international treaties of the Republic of Belarus relating to execution of the punishment and the treatment of convicts.

2. If the international treaty of the Republic of Belarus establishes other rules of execution of the punishment and the treatment of convicts, than those which are provided by the criminal and executive legislation of the Republic of Belarus then are applied directly rules of the international treaty, except cases when follows from the international treaty that application of such regulations requires the publication of the interstate act.

3. According to the Constitution of the Republic of Belarus, the principles and rules of international law the criminal and executive legislation of the Republic of Belarus and practice of its application are based on strict observance of guarantees of protection against tortures, violence and another the cruel or degrading human dignity treatment of convicts.

Article 4. Operation of the criminal and executive legislation in space and time

1. Execution of the punishment and other measures of criminal liability in the territory of the Republic of Belarus is performed according to this Code and other acts of the legislation of the Republic of Belarus.

2. The procedure and conditions of execution and serving sentence and other measures of criminal liability are determined by the criminal and executive legislation existing during their application.

Article 5. Bases of execution of the punishment and other measures of criminal liability

1. The bases of execution of the punishment and other measures of criminal liability are the conviction or the changing its determination or the court order which took legal effect, and equally in the act of amnesty or the act of pardon.

2. The bodies and organizations performing punishment and other measures of criminal liability no later than ten days after receipt of the court order with the copy or the statement from sentence (determination, the resolution) inform court on acceptance him to execution.

Article 6. Principles of the criminal and executive legislation of the Republic of Belarus

The criminal and executive legislation of the Republic of Belarus is based on the principles of legality, humanity, democratism, equality of convicts before the law, differentiation and individualization of execution of the punishment and other measures of criminal liability, rational application of enforcement measures and cures of convicts, stimulations of their right obedient behavior, combination of enforcement powers to educational impact.

Article 7. Correction of convicts and its fixed assets

1. Application of punishment and other measures of criminal liability aims at correction of convicts and the prevention of making of crimes as condemned, and other persons.

2. Correction of convicts is forming of readiness at them to lead right obedient life.

3. Fixed assets of goal achievement of criminal liability in the course of its application are the established procedure of execution and serving sentence and other measures of criminal liability, educational work, socially useful work, obtaining condemned educations, public impact.

4. Cures of convicts are applied taking into account forms of realization of criminal liability, type of punishment, nature and degree of public danger of the committed crime, the identity of the convict and his behavior.

Chapter 2. Legal status of convicts

Article 8. Bases of legal status of convicts

1. The state guarantees protection of the rights, freedoms and legitimate interests of convicts, provides the conditions of application of punishment and other measures of criminal liability established by the law concerning convicts, guarantees of social justice, their social, legal and other security.

2. In case of execution of the punishment and other measures of criminal liability the rights and freedoms of citizens of the Republic of Belarus with the restrictions set by penal, criminal and executive and other legislation of the Republic of Belarus are guaranteed to convicts. Convicts cannot be exempted from accomplishment of the civil obligations except for established by the law of cases.

3. The condemned foreign citizens and stateless persons have the rights and carry out obligations which are established by the legislation of the Republic of Belarus, including international treaties of the Republic of Belarus on legal status of foreign citizens and persons without citizenship, with the restrictions provided by penal, criminal and executive and other legislation of the Republic of Belarus.

4. The rights and obligations of convicts, and also their restriction are determined proceeding from procedure and conditions of execution and serving sentence and other measures of criminal liability.

Article 9. Fundamental obligations of convicts

1. Convicts to punishment and other measures of criminal liability shall carry out the obligations established by the criminal and executive legislation concerning procedure and conditions of serving sentence and other measures of criminal liability legal requirements of the bodies and organizations performing these measures of criminal law action to be on their challenge and to offer explanations concerning execution of sentence. In case of absence on challenge the convict can be subjected to the forced drive.

2. Convicts shall treat politely employees of the bodies and organizations performing punishment and other measures of criminal liability as during stay of convicts in the specified bodies and organizations, and during visit by their employees of these bodies for the residence, work or study.

3. Convicts for whom during the term of criminal record preventive observation is performed shall notify previously the body performing preventive observation on change of the residence, on departure according to personal records to other area for the term of more than one month, to be in the specified body for its challenge and if necessary to give explanations concerning the behavior and conduct of life.

4. Condemned, not carrying out the obligations assigned to it, the official prevention can be declared.

Article 10. Basic rights of convicts

1. Convicts have right to be informed about the rights and obligations, procedure and the terms of serving quoted by court of punishment and other measures of criminal liability. The administration of body or organization, performing punishment and other measures of criminal liability, shall provide to convicts the specified information, and also acquaint them with all its changes.

2. Convicts have the right to the polite address from the employees of body or organization performing punishment and other measures of criminal liability. Convicts shall not be exposed to the cruel, brutal or degrading their advantage address. Enforcement measures can be applied to them precisely based on the law.

3. Convicts cannot be subjected to medical or other experiences irrespective of their consent.

4. No. 55-Z is excluded according to the Law of the Republic of Belarus of 12.07.2013

5. Condemned, including the foreign citizens and persons without citizenship having the right to offer explanations, to correspond, address to administration of body or the organization performing punishment and other measures of criminal liability, court, prosecutor's office with offers, statements and claims on Belarusian, Russian or other languages which they know, and in necessary cases to use translation service. Answers are given to convicts in address language. In the absence of opportunity to give the answer in address language it is given in one of state languages of the Republic of Belarus with transfer into address language.

5-1. Condemned, including the foreign citizens and persons without citizenship having the right to address to the state bodies and other organizations which are not specified in part 5 of this Article to individual entrepreneurs according to the procedure stipulated by the legislation the Republic of Belarus about addresses of citizens and legal entities.

6. Convicts have the right to health protection. Medical care by the convict can be provided in out-patient, stationary conditions, in the conditions of department of day stay, and also out of the organization of health care according to the procedure, established by the legislation of the Republic of Belarus.

6-1. Convicts have the right to occupation physical culture and sport.

7. Convicts have right to social insurance including on receipt of pensions according to the legislation of the Republic of Belarus.

8. For receipt of legal aid convicts have the right to use services of the lawyers or other persons having the right to rendering legal aid.

9. The condemned foreign citizens have the right in accordance with the established procedure to keep in contact with diplomatic representations and consular establishments of the states in the Republic of Belarus, and citizens of the states which do not have diplomatic representations and consular establishments in the Republic of Belarus - with diplomatic representations of the states which undertook protection of their interests or with the interstate bodies and the international organizations which are engaged in protection of the specified convicts.

10. The procedure of the rights of convicts is established by this Code and other acts of the legislation of the Republic of Belarus.

11. When implementing the rights of convicts shall not be violated procedure and conditions of serving sentence and other measures of criminal liability, and also to be infringed the rights and legitimate interests of other persons.

Article 11. Right of convicts to personal security

1. Convicts have the right to personal security.

2. In case of threat of personal security of the convict serving sentence in the form of arrest, restrictions of freedom, imprisonment for certain term (further - imprisonment) or lifelong imprisonment, he has the right to file petition for ensuring personal security to any official of the organization performing punishment. In this case the official shall take without delay measures for ensuring personal security of the convict.

3. The chief of the organization performing the punishments specified in part 2 of this Article according to the statement of the convict or on own initiative makes the decision on transfer of the convict to the safe place or other measures eliminating threat of personal security of the convict.

Article 12. Providing religious liberty of convicts

1. Religious liberty is guaranteed to convicts.

2. In the organizations performing punishment, it is allowed to convicts solely or together with other convicts to practise any religion or not to profess any, to express and extend the beliefs connected with the relation to religion, to participate in departure of the religious cults, rituals and ceremonies which are not prohibited by the law. For this purpose convicts can acquire cult objects and religious literature and use them. For departure of religious cults, rituals and ceremonies the administration of the specified organizations allocates the respective room (building). In case of departure of religious cults, rituals and ceremonies Regulations of correctional facilities, and also the rights of other convicts shall not be violated.

3. To the convicts serving sentence in the form of restriction of freedom at their request it can be granted permission for visit of places of church services. At the request of the convicts leaving arrest, imprisonment, lifelong imprisonment, and equally in convicts to capital punishment to them priests are invited.

4. To the convicts containing in solitary confinements, penalties and disciplinary isolation centers of correctional facilities, and also in rooms of chamber type of colonies, priests are allowed on permission and according to the procedure, determined by administration of organization.

Article 13. Addresses of convicts and procedure for their consideration

1. Offers, statements and claims of convicts can be stated in oral or written form. They are considered by administration of the bodies and organizations performing punishment and other measures of criminal liability.

2. Offers, statements and claims of convicts to punishments in the form of arrest, the imprisonments, lifelong imprisonment and capital punishment addressed in bodies and the organizations to individual entrepreneurs who are specified in parts 5 and 5-1 of article 10 of this Code go through administration of the organizations performing punishment.

3. The punishments condemned to other types and measures of criminal liability direct offers, applications and claims independently.

4. Offers, statements and claims of the convicts specified in parts 2 of this Article addressed in the bodies exercising the state control and supervision of activities of the organizations performing these punishments are not subject to censorship and no later than days (except for the output, public holidays and holidays established and announced by the President of the Republic of Belarus non-working) go to destination.

5. Bodies and officials which directs offers, applications and claims of convicts shall consider them to the Republic of Belarus established by the legislation terms and the made decisions to inform the organizations condemned through administration performing punishment.

6. Offers, statements and claims of convicts concerning decisions and actions of the bodies and organizations performing punishment and other measures of criminal liability do not stop their execution.

Chapter 3. The bodies and organizations performing punishment and other measures of criminal liability. Control of their activities

Article 14. The bodies and organizations performing punishment and other measures of criminal liability

1. Punishment in the form of social jobs and restriction of freedom without the direction in correctional facility of open type is performed by criminal and executive inspectorate for the residence of the convict.

2. Mulctary punishment, and also special confiscation of property are performed by bodies of forced execution if other is not provided by legal acts.

3. Punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities is performed by criminal and executive inspectorate for the residence or work of the convict, correctional facility of open type or correctional facility. Requirements of sentence about deprivation of the right to hold certain positions or to be engaged in certain activities are performed by administration on place of employment of the convict, and also bodies, competent according to the law to cancel permission to occupation the corresponding types of activity.

4. Punishment in the form of corrective works is performed by criminal and executive inspectorate for place of employment of the convict.

5. Punishments in the form of arrest, restrictions of freedom with the direction in correctional facility of open type, imprisonment, lifelong imprisonment and capital punishment are performed by organizations of criminal executive system.

6. Punishment in the form of deprivation of military or special rank is performed by the relevant organs or officials who gave these ranks.

7. The penalty imposed by the serviceman is performed: restriction on military service - command of military units, organizations, bodies and military forming in which the specified military personnel serves; arrest - command of garrisons on guardrooms of military commandant's office for the military personnel.

8. Control of behavior of convicts with delay of execution of the punishment, conditional non-use of punishment and without assignment of punishment is performed by criminal and executive inspections, at the place of residence of specified persons.

8-1. Control of behavior of the military personnel condemned with delay of execution of the punishment, conditional non-use of punishment and without assignment of punishment is performed by command of military units.

8-2. Preventive observation and preventive supervision are exercised by territorial authorities of internal affairs at the place of residence of persons behind whom preventive observation is performed or preventive supervision is established.

9. Control and preventive observation of execution of the measures of criminal liability which are not connected using punishment concerning minor convicts are assigned to inspectorates for minors at the place of residence of convicts.

10. Procedure for activities of territorial authorities of internal affairs for execution of punishments and other measures of criminal liability in the part which is not settled by this Code, and also the document forms used in case of execution of punishments and other measures of criminal liability are determined by the Ministry of Internal Affairs of the Republic of Belarus.

Article 15. Notification on the place of serving sentence

About arrival of the serving sentence condemned to the place the administration of the organization performing punishment shall no later than three days from the date of its arrival send the notification to one of relatives of the convict based on its written application.

Article 16. Application to convicts of enforcement powers of safety and treatment

1. Concerning the persons condemned to arrest, imprisonment, lifelong imprisonment and having chronic alcoholism, drug addiction, toxicomania, persons suffering from mental disturbances (diseases) or acknowledged it is reduced imputed condemned the organizations performing punishment apply the enforcement powers of safety and treatment appointed by court.

2. It is excluded according to the Law of the Republic of Belarus of 25.11.2011 No. 318-Z

3. To other punishments and measures of criminal liability the enforcement powers of safety and treatment appointed by court are applied to convicts in the place of their residence by forced out-patient observation and treatment.

4. If in term of imprisonment and other measures of criminal liability it is determined that the convict has chronic alcoholism, drug addiction, toxicomania, is person suffering from mental disturbance (disease) or it is acknowledged it is reduced imputed, the body or organization performing the specified criminal law action measures take to court idea of appointment to such convict of enforcement powers of safety and treatment.

5. Concerning convicts to the punishments specified regarding 1 this Article, patients with active form of tuberculosis, the HIV-positive people sick with AIDS or not completed full course of treatment of venereal disease, the organization performing punishment in accordance with the established procedure applies obligatory treatment.

Article 17. Control of state bodies

1. State bodies within the competence exercise control of activities of the bodies and organizations performing punishment and other measures of criminal liability.

2. The procedure of control is regulated by the legislation of the Republic of Belarus.

Article 18. Judicial control

1. The organizations performing punishment notify the court which decided sentence, on the beginning and the place of serving condemned punishments in the form of arrest, restrictions of freedom with the direction in correctional facility of open type, imprisonment, lifelong imprisonment.

2. Bodies and organizations shall notify the court which decided sentence on execution of the punishment in the form of social jobs, penalty, deprivation of the right to hold certain positions or to be engaged in certain activities, corrective works, restriction on military service, restriction of freedom without the direction in correctional facility of open type, capital punishment, and also about special confiscation of property.

3. Bodies which according to sentence about deprivation of the right to hold certain positions or to be engaged in certain activities shall cancel permission to occupation the corresponding types of activity, and equally execute sentence regarding deprivation of the condemned military or special rank, notify court on execution of sentence.

4. According to the procedure, established by the legislation of the Republic of Belarus, the court controls execution of the punishment and other measures of criminal liability in case of the solution of questions:

1) parole from punishment or replacement of unexpired part of punishment with milder pinishment;

2) changes of type of correctional facility to the convict serving custodial sanction;

2-1) transfers condemned to punishment in the form of restriction of freedom with the direction in correctional facility of open type for serving sentence in the form of restriction of freedom without the direction in correctional facility of open type;

3) replacements to the minor convict of enforcement power of educational nature by more strict;

4) establishments of additional prohibitions for the minor convict to whom the enforcement power of educational nature in the form of restriction of freedom of leisure is appointed;

5) early termination of stay of the minor in special teaching and educational facility, special medical and educational facility;

6) establishments, prolongation, the terminations of preventive supervision, and also change of the requirements of preventive supervision provided by part 8 of article 80 of the Criminal code of the Republic of Belarus;

7) cancellations of delay of execution of the punishment or conditional non-use of punishment;

8) applications of prescriptive limits of execution of conviction.

5. According to the procedure, established by the legislation, the court considers claims to actions of administration of the bodies and organizations performing punishment and other measures of criminal liability.

Article 19. Departmental control of higher bodies

Departmental control of higher bodies of activities of the bodies and organizations performing punishment and other measures of criminal liability is performed according to the procedure, determined by the legislation of the Republic of Belarus.

Article 20. Public prosecutor's supervision of execution of the legislation

Public prosecutor's supervision of compliance with law by the bodies and organizations performing punishment and other measures of criminal liability is performed by the Attorney-General of the Republic of Belarus and prosecutors subordinated to it according to legal acts of the Republic of Belarus.

Article 21. Control and participation of public associations in work of the bodies and organizations performing punishment and other measures of criminal liability

1. On the basis and according to the procedure, stipulated by the legislation, public associations can exercise control of activities of the bodies and organizations performing punishment and other measures of criminal liability.

2. Public associations take part in correction of convicts, and also render assistance in work to the bodies and organizations performing punishment and other measures of criminal liability.

3. In correction of convicts, and also the supervisory committees under local executive and administrative organs, and concerning minor convicts - and the commissions on cases of minors participate in implementation of public control over activities of the bodies and organizations performing punishment and other measures of criminal liability. The procedure for activities of the supervisory committees and commissions on cases of minors is determined by the legislation of the Republic of Belarus.

Article 22. Visit of the organizations performing punishment

1. On duty have the right to visit the organizations performing punishment without special permission:

1) President of the Republic of Belarus, Prime Minister of the Republic of Belarus, State secretary of the Security Council of the Republic of Belarus, deputies of the House of Representatives, members of council of the Republic of National assembly of the Republic of Belarus;

2) the Attorney-General of the Republic of Belarus and his deputies, and also the prosecutors and prosecutors who are directly exercising supervision of execution of the punishment in the corresponding territory authorized by them;

3) officials of governing bodies of the organizations performing punishment;

4) chairmen, deputy chairmen and the judge of the Constitutional Court of the Republic of Belarus and the Supreme Court of the Republic of Belarus, judges of the courts performing legal proceedings in the territories where the organizations performing punishment are located;

5) deputies of local councils of deputies and members of the commissions of the local executive and administrative organs exercising control of activities of the organizations performing punishment within the corresponding territories.

2. Representatives of mass media and other persons have the right to visit the organizations performing punishment on permission of administration of these organizations or relevant higher bodies of management of the organizations performing punishment.

3. Film, photo and video filming of convicts, their interviewing, including with use of means audio-, video equipment, are permitted by administration of organizations or higher bodies of management of the organizations performing punishment from written consent of convicts.

4. Film, photo and video filming of the objects ensuring safety of organizations and protection of convicts is performed with the permission of administration of organizations or higher bodies of management of the organizations performing punishment.

Special part

Section II. Execution of the punishments which are not connected with isolation of the convict from society

Chapter 4. Execution of the punishment in the form of social jobs

Article 23. Procedure for execution of the punishment in the form of social jobs

1. Punishment in the form of social jobs is performed by criminal and executive inspectorates for the residence of convicts on the objects determined by local executive and administrative organs in coordination with criminal and executive inspections.

2. Convicts to social jobs are involved in serving sentence no later than fifteen days from the date of receipt in criminal and executive inspection of the corresponding court order with the copy or the statement from sentence (determination, the resolution).

3. Criminal and executive inspectorates record convicts, explain them procedure and conditions of serving sentence, determine type of social jobs, approve the list of objects on which convicts leave social jobs with local executive and administrative organs, control will organize and carry out educational work with convicts, keep total account of time worked convicts, make the decision on the drive of the convicts who are not on their challenge, hold initial events for search of convicts. The procedure for the organization and carrying out educational work with convicts to social jobs is determined by the Ministry of Internal Affairs of the Republic of Belarus.

Article 24. Conditions of execution and serving sentence in the form of social jobs

1. Convicts to social jobs shall work at the objects determined for them and fulfill the term of social jobs established by court, follow employment policies and procedures of the organizations for whom they leave social jobs, to treat honesty work, to be on challenge in criminal and executive inspectorate and other services of territorial authority of internal affairs in the specified time for holding conversations, visits of educational actions, and also giving written explanations on the questions connected with serving sentence to inform criminal and executive inspectorate of change of the residence.

2. Provision to the convict of labor leaves on principle place of employment, vacation for academic year does not stop execution of the punishment in the form of social jobs.

3. In case of provision to the convict during serving of social jobs of social leaves in connection with education or in connection with catastrophic crash on the Chernobyl NPP or on reasonable excuses of personal and family nature execution of this punishment stops for the specified leaves. The convict in these cases shall notify criminal and executive inspectorate for the place of serving sentence on receipt of the corresponding leave by it and provide necessary confirmation of it.

4. In case of origin during serving by the convict of social jobs of the circumstances provided by part 4 of article 49 of the Criminal code of the Republic of Belarus, criminal and executive inspection takes to court idea of release of the convict from further serving sentence.

Article 25. Calculation of term of punishment in the form of social jobs

1. Punishment term in the form of social jobs is estimated for hours during which the convict left social jobs.

2. Time of social jobs cannot exceed four hours on the weekend and in days when the convict does not study or is not engaged at the main work, and at the request of the convict – eight hours; in the working days, days of carrying out studies (occupations) – two hours to or after completion of work or study, and at the request of the convict – four hours. Condemned, not getting educations and not taking permanent place of employment, social jobs from their consent can be left over four, but no more than eight hours a day. Time of social jobs within a week, as a rule, cannot be less than twelve hours.

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