of July 16, 1999 No. 295-Z
It is accepted by the House of Representatives on June 24, 1999
Approved by Council of the Republic on June 30, 1999
1. The code of penal procedure of the Republic of Belarus, based on the Constitution of the Republic of Belarus, establishes procedure for activities of the bodies conducting criminal procedure and also the rights and obligations of participants of criminal procedure.
2. The procedure for production established by the Code of penal procedure on materials and criminal case is single and obligatory for all bodies and officials conducting criminal procedure and also for other participants of criminal procedure.
3. In case of contradiction between regulations of this Code and the Constitution of the Republic of Belarus Constitution provisions are effective.
4. The international agreements of the Republic of Belarus determining rights and freedoms of man and citizen in criminal procedure are applied along with this Code.
5. If the procedure for rendering the international legal assistance on criminal cases is not defined by the international treaty of the Republic of Belarus, then when rendering such help the procedure established by this Code is applied.
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* Parts of Articles and notes (except for having one part) in this Code are numbered by the Arab figures with exact, Items of parts of Articles - the Arab figures with bracket.
1. Tasks of the criminal procedure law are fixing of due course of law of implementation of criminal procedure, providing legitimate rights and interests of physical persons and legal entities to which the crime does physical, property or moral harm, and also criminal prosecution and protection of persons which are suspected, accused of making of socially dangerous acts provided by the penal statute.
2. The criminal procedure law is designed to promote forming in the society of respect for rights and freedoms of man and citizen, approval of justice.
1. Criminal procedure in all territory of the Republic of Belarus is conducted according to this Code irrespective of the place of crime execution if international treaties of the Republic of Belarus do not establish other.
2. Rules of this Code are applied also in case of production on materials and criminal case about the crime committed in the territory of diplomatic representation and consular establishment of the Republic of Belarus in foreign state in the air, sea or river courts which are outside the Republic of Belarus under flag or with identification marks of Belarus if the called vessels are attributed to the ports of the Republic of Belarus.
1. Production on materials and criminal case about the crimes committed by foreign citizens and stateless persons is conducted in the territory of the Republic of Belarus according to rules of this Code.
2. Concerning persons having rights of diplomatic immunity, the legal proceedings provided by this Code are made only at their request or from their consent. Consent to production of these actions is asked through the Ministry of Foreign Affairs of the Republic of Belarus.
In case of production on materials and criminal case the criminal procedure law existing respectively during inquiry, pretrial investigation, consideration of the case by court and in case of permission of the questions arising in case of execution of sentences is applied.
The concepts containing in this Code and names have if there are no special instructions, the following values:
1) close relatives are the parents, children, adoptive parents adopted (adopted), brothers and sisters, the grandfather, the grandma, grandsons, and also the spouse (spouse);
2) harm - the physical, property or moral harm which is subject to cash measurement;
3) the state prosecutor - the prosecutor holding crown case and performing other procedural activities by consideration of criminal case by Trial Court;
4) pre-judicial production - the accelerated production and production from the date of receipt of the statement, the message on crime before transfer of criminal case to the prosecutor for the direction in court for consideration on the merits or suit abatement, and also preparation of materials on criminal case by the private prosecutor and the party of protection;
4-1) pre-judicial agreement on cooperation – the agreement signed in writing between suspected (person accused) and the prosecutor in whom obligations of suspected (person accused) are determined by rendering assistance to pretrial investigation and conditions of approach of responsibility of suspected (person accused) in case of accomplishment by it of the specified obligations;
5) other area - the area which is outside jurisdiction and the location of relevant organ of criminal prosecution and court or the residence of other participants of criminal procedure;
6) the dwelling - the room intended for permanent or temporary residence of people (the individual house, the apartment, the room in hotel, giving, garden lodge, etc.), and also those its components which are used for rest, storage of property or for satisfaction of other needs of the person (balconies, the glazed verandahs, storage rooms, etc.);
7) legal ownership - objects of ownership of the owner or other lawful ownership;
8) legal representatives are parents, adoptive parents, guardians, custodians of the suspect, the person accused, person who made socially dangerous act, the victim or the civil claimant; representatives of the organizations on which care there are suspect, the person accused, person, the made socially dangerous act, the victim or the civil claimant;
9) protection - the procedural activities performed by the party of protection for the purpose of confutation of suspicion or accusation or mitigation of accusation, providing the rights and interests of the suspect, the person accused, person who made socially dangerous act and also person, the detainee or to which the measure of restraint based on the decision on execution of request of body of foreign state, competent to make decisions concerning rendering the international legal assistance on criminal cases, about rendering the international legal assistance on criminal case on the basis of the principle of reciprocity is applied (further - request of body of foreign state) or in connection with stay in the international search for the purpose of issue;
10) the applicant - any person which took a legal action or criminal prosecution authority according to the procedure, established by this Code, behind protection of the valid or expected right or reported about known to it the preparing, made or committed socially dangerous act provided by the penal statute;
11) the petition for appeal - the claim to the sentence which did not take legal effect;
12) appeal protest - protests of the prosecutor, the state prosecutor about cancellation or change of the sentence which did not take legal effect;
12-1) person who was subject to attraction as the suspect, the person accused - person who died after crime execution before excitement concerning its criminal case or during preliminary inquiry of crime if concerning this person criminal case was not brought, but there are sufficient data specifying making of this crime by it;
13) person who made socially dangerous act, – person who made socially dangerous act provided by the penal statute, in condition of diminished responsibility or ached after crime execution with mental disturbance (disease);
13-1) person who is in the international wanted list for the purpose of issue, person concerning whom on a charge of crime execution in the territory of two and more states the complex of the operational search, directory and other events directed to establishment of its location, detention and detention for the purpose of issue is held;
14) materials - the documents and objects which are component of pre-judicial or judicial proceedings or provided for familiarizing with them;
14-1) mediativny agreement - the agreement signed in writing between the person accused and the victim by results of the negotiations held according to the procedure, provided by legal acts, for the purpose of assistance to their conciliation;
14-2) mediator - the person who is not interested in the result of criminal case meeting the requirements of the legislation participating in negotiations of the person accused and victim for the purpose of assistance to their conciliation;
14-3) mediation - negotiations of the person accused and victim with participation of mediator for the purpose of assistance to their conciliation;
15) chief of investigative division - The chairman of the Investigative Committee of the Republic of Belarus, the chief of investigation department, the chief of investigative department or department, and also other division of body of pretrial investigation under which authority questions of pretrial investigation, and their deputies are;
16) night time - period from 22 to 6 o'clock local time;
17) accusation - the approval about the making by certain person of the specific socially dangerous act provided by the penal statute made according to the procedure, established by this Code and also the procedural activities performed by the party of accusation;
18) determination - any, in addition to sentence and the resolution, the decision passed by joint structure of court in case of criminal proceeding;
19) the body conducting criminal procedure - criminal prosecution authority and court;
20) body of inquiry - the state body and the official authorized by the law to perform inquiry;
21) body of pretrial investigation - Investigative Committee of the Republic of Belarus, investigative divisions of the state security agencies;
22) criminal prosecution authority - body of inquiry, the investigator, the prosecutor;
23) the agenda - the written notice of challenge in criminal prosecution authority or in court for production of legal proceedings;
24) the resolution - any, in addition to sentence and determination, the decision passed by the judge either court or criminal prosecution authority in case of production on materials or criminal case;
25) the legal successor - person to whom by law or agreements directly from other person passed the established right;
26) preliminary inquiry - production of pretrial investigation, inquiry on criminal case;
27) the chairman - the judge presiding by joint consideration of criminal case or considering criminal case solely;
28) representatives are close relatives, members of the family of the victim, the civil claimant and the civil defendant, legal representatives; lawyers, representatives of trade-union and other public associations, and also the other persons allowed to participation in criminal case with the permission of the body conducting criminal procedure;
28-1) representatives of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused - close relatives, members of the family of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused or their legal representatives allowed to participation in the production on materials and criminal case under the resolution (determination) of the body conducting criminal procedure, according to the procedure established by this Code;
29) the drive - forced delivery of persons which did not be without valid excuse on challenge in the body conducting criminal procedure;
30) sentence - the decision passed by Trial Court on guilt or innocence of the person accused on application or non-use to it of punishment and on other questions which are subject to permission;
31) production on materials and criminal case:
production on materials - set of the legal proceedings and proceeding decisions made and which are taken out in case of acceptance and consideration of the applications and messages on crime and the accelerated production;
criminal proceeding - set of the legal proceedings and proceeding decisions made and which are taken out on specific criminal case;
32) the prosecutor - the prosecutors acting within the competence Attorney-General of the Republic of Belarus and subordinated to him, their deputies and assistants, chiefs of managements (departments) and their deputies, prosecutors of managements and departments if other is not stipulated in the relevant articles of this Code;
33) No. 199-Z is excluded according to the Law of the Republic of Belarus of 20.07.2022
33-1) protest of the Attorney-General of the Republic of Belarus or person fulfilling its duties - protest of specified persons about cancellation or change of the resolution of the Chairman of the Investigative Committee of the Republic of Belarus, the Chairman of Committee for State Security of the Republic of Belarus or persons fulfilling their duties about application of measure of restraint or production of legal proceedings;
34) the protocol - the document of which make sure the production fact, content and results of legal proceedings constituted according to the procedure, established by this Code;
35) legal proceedings - the actions of the officials authorized on it provided by this Code and made according to its provisions, made in course of production on materials and criminal case;
36) proceeding decisions - taken out during criminal procedure by bodies, competent on that, or officials of the decision, provided by this Code: sentences, determinations, resolutions;
37) relatives - the persons who are in family relation, having general ancestors to the great-grandfather and the great-grandmother, and also spouses (spouse), close relatives of the spouse (spouse);
38) the sanction of the prosecutor - the written decision of the prosecutor or his deputy on carrying out legal proceedings in the cases provided by this Code;
38-1) special production - criminal proceeding concerning the person accused who is outside the Republic of Belarus and evades from appearance in the body conducting criminal procedure;
39) the party - persons performing in criminal procedure on the basis of competitiveness of function of accusation or protection;
40) the party of accusation - the state prosecutor, and also the victim (the private prosecutor), the civil claimant and their representatives;
41) the party of protection - the person accused, his legal representatives, representatives of the died person accused, the defender, the civil defendant and his representatives;
42) court - any court of the Republic of Belarus organized on legal causes considering criminal cases jointly or solely;
43) Trial Court - court, competent to pronounce sentence, determination or the resolution on criminal case;
44) court of appeal (second) instance - the court considering criminal case according to the claim or protest of the party to the sentence, determination or the court order of the first instance which did not take legal effect;
44-1) court of cassation instance - the court considering in cassation procedure criminal case according to the claim or protest of persons authorized by this Code to the sentence, determination or the court order of the first instance which took legal effect, and (or) determination of Appeal Court;
45) Supervisory Court - the court considering according to the procedure of supervision criminal case on protest of persons authorized by this Code on the sentence, determination or the court order of the first or appellate instance which took legal effect;
46) the judge - the professional judge of any court, the juryman;
46-1) requirement of the prosecutor – the obligatory written requirement to consideration to the chief of investigative division, the chief of body of inquiry about elimination of the violations of the law allowed by the body of inquiry, person making inquiry, the investigator in case of acceptance, registration and consideration of the applications and messages on crime during inquiry, pretrial investigation;
47) criminal case - the isolated production which is conducted criminal prosecution authority and court concerning making of socially dangerous act provided by the penal statute;
48) criminal prosecution - the procedural activities performed by body of inquiry, the investigator, the investigator, the prosecutor, the private prosecutor for the purpose of factual determination and circumstances of the making of socially dangerous act provided by the penal statute, and which made his faces and also for ensuring application to such person of punishment or other measures of criminal liability or enforcement powers of safety and treatment;
49) participants of criminal procedure - the judge, the prosecutor, the state prosecutor, the chief of investigative division, the investigator, the chief of body of inquiry, person making inquiry, the suspect, the person accused, the defender, the victim, the private prosecutor, the civil claimant, the civil defendant, legal representatives and representatives, representatives of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused, the court session secretary (the court session secretary - the assistant judge), the witness, the expert, the specialist, the translator, the witness, and also person detained or to which the measure of restraint based on the decision on execution of request of body of foreign state or in connection with stay in the international search for the purpose of issue, and the other persons who are involved in criminal trial according to this Code is applied;
50) the petition - the request turned to the body conducting criminal procedure;
51) the private claim - the claim to determination of Trial Court and the judge's ruling which did not take legal effect;
52) private protest - the prosecutor's protest on the determination of Trial Court and the judge's ruling which did not take legal effect;
53) family members are the close relatives, other relatives, disabled dependents and other persons living together with the participant of criminal procedure and conducting with it general economy.
1. Tasks of criminal procedure are protection of the personality, its rights and freedoms, interests of society and state by bystry and complete investigation of crimes, socially dangerous acts deranged, exposures and criminal prosecutions of guilty persons; ensuring the correct application of the law everyone who committed crime was subjected to just punishment and any innocent was not brought to trial and condemned.
2. The procedure for production established by this Code on materials and criminal case is designed to provide legality and law and order, the prevention of crimes, protection against insubstantial accusation or condemnation, illegal restriction of rights and freedoms of man and citizen, and in case of accusation or condemnation of the innocent - immediate and its complete rehabilitation, compensation to it physical, property and moral harm, recovery of the broken labor, pension, housing and other rights.
1. Courts perform justice on criminal cases based on the Constitution of the Republic of Belarus and other regulatory legal acts accepted according to it. If by consideration of specific case the court has doubts in constitutionality of the regulatory legal act which is subject to application, the court before decision puts in the procedure established by the law before the Constitutional Court of the Republic of Belarus question of check of constitutionality of this regulatory legal act.
1-1. The court, criminal prosecution authority in case of production on materials and criminal case shall perform requirements of this Code precisely.
2. Violation of the law in case of production on materials and criminal case inadmissibly also attracts the responsibility established by the law and recognition of decisions not having legal force.
3. The evidence obtained with violation of the procedure established by this Code has no legal force and cannot be the basis for attraction as the person accused and the resolution of sentence.
1. Justice on criminal cases in the Republic of Belarus is performed only by court.
2. Nobody can be found guilty of crime execution, and also will subject to criminal penalty differently as according to the court verdict and according to the law.
1. The court, criminal prosecution authority shall provide protection of the rights and freedoms of persons who are involved in criminal trial to create the conditions for its implementation provided by this Code, to timely take measures for satisfaction of legal requirements of participants of criminal procedure.
2. Restriction of the rights and freedoms of persons who are involved in criminal trial is allowed only on the bases and according to the procedure, the established this Code.
3. Nobody can be forced to fulfillment of duties, not provided by this Code, or to refusal of the rights.
4. Nobody shall be forced to evidence and explanations against himself, members of the family, close relatives.
5. In case of causing by harm crime the criminal prosecution authority, court shall take measures to providing the civil action.
6. The harm done to person as a result of violation of its rights and freedoms in case of criminal proceeding is subject to compensation in the procedure provided by the law.
7. In the presence of sufficient data that to the victim, the witness, the expert or other participants of criminal procedure, and also members of their families, close relatives and other persons whom they reasonably consider relatives are threatened with murder, use of violence, destruction or damage of property or other illegal actions the body conducting criminal procedure shall take the measures for protection of life, health and property of these persons provided by the law within the competence.
1. Nobody can be detained on suspicion of crime execution or house arrest as measure of restraint is taken into custody, and also placed in the organization of health care or forensic-psychiatric expert hospital for conducting examination in case of absence on that legal causes and in defiance of the procedure provided by this Code.
2. The criminal prosecution authority, court shall exempt immediately any illegally detainee or taken into custody, house arrest or illegally the health care placed in the organization or forensic-psychiatric expert hospital and also which is held in custody, house arrest over the term provided by the law or sentence.
3. None of persons who are involved in criminal trial shall be exposed to violence, another to the cruel or degrading human dignity address, and also without its consent to be exposed to medical and other experiences.
4. Content of person to which the measure of restraint in the form of detention is applied, house arrest, and also person detained on suspicion of crime execution shall be performed in the conditions excluding threat of their life and to health.
1. In case of production on materials and criminal case the actions and decisions degrading honor and belittling advantage or creating danger to life and health of participants of criminal procedure are prohibited.
2. Effects and material compensation of the moral harm done in case of crime execution or actions of officials of the body conducting criminal procedure are eliminated and made according to the procedure, established by this Code.
1. Everyone has right of defense from illegal intervention in his private life, including from infringement of the secrecy of its correspondence, telephone and other communications. Nobody can in case of production on materials and criminal case to be deprived of the specified right or is limited in it differently as on the bases and according to the procedure, the established this Code.
2. The search, seizure of post and cable and other departures, their survey and dredging in organizations of communication, listening and record of the negotiations which are conducted on technical communication channels and other negotiations can be made only in the cases and procedure provided by this Code.
1. Inviolability of home and other legal ownerships of physical persons and legal entities is guaranteed by the law. Nobody has the right to enter the dwelling and other legal ownership of person against its will.
2. The search, dredging, survey of rooms, production of other legal proceedings connected with invasion into the dwelling and other legal ownerships can be made only on the bases and according to the procedure, the provided this Code.
1. The state guarantees everyone protection against criminal encroachments.
2. State bodies, officials, representatives to perform criminal prosecution, shall take within the competence necessary measures for detection of crimes and identification of persons which made them to initiation of legal proceedings, involvement of guilty persons to the responsibility provided by the law and creation of conditions for the resolution by court of lawful, reasonable and fair sentence.
1. Person accused of crime execution is considered innocent until his guilt in crime execution is proved in the procedure provided by this Code and will be established by the court verdict which took legal effect.
2. The person accused shall not prove the innocence. The criminal prosecution authority, court has no right to shift proof obligation onto the person accused.
3. Doubts in justification of the brought charge are interpreted for benefit of the person accused.
4. The sentence cannot be based on assumptions.
1. The suspect, the person accused have right of defense. They can perform this right as personally, and by means of the defender according to the procedure, established by this Code.
2. The criminal prosecution authority and court shall explain to the suspect, the person accused of their right and to provide opportunity to be protected by the means and methods established by the law, and also to provide protection of their personal and property rights.
3. In the cases of person provided by the law, conducting production on materials and criminal case, shall provide participation of the defender of the suspect, person accused, and equally in the defender for implementation of protection of the rights and legitimate interests of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused.
4. In the cases provided by this Code legal aid to the suspect, the person accused appears at the expense of means of the local budget.
5. In the cases provided by this Code protection of the rights and legitimate interests of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused is performed at the expense of means of the local budget.
1. The criminal prosecution authority shall take all measures for comprehensive, complete and objective investigation of circumstances of criminal case provided by the law, collect the proofs both catching, and acquitting the person accused, to establish the circumstances important for the correct permission of case, protection of the rights and legitimate interests of persons who are involved in criminal case.
2. Court, keeping objectivity and impartiality, provides to the parties of accusation and protection necessary conditions for realization of their rights. The decision on guilt or innocence of the person accused takes out court only on the basis of the mathematical evidences subjected to comprehensive, complete and objective investigation and assessment.
3. Coercion to evidence and explanations by violence, threats and other illegal measures is forbidden.
1. The court, criminal prosecution authority estimate proofs, being guided by the law and the internal belief based on comprehensive, complete and objective investigation of all circumstances of criminal case in their set.
2. No proofs for body of inquiry, the investigator, the prosecutor, court have predefined force.
1. All persons who are involved in criminal trial are equal before the law and have the right without any discrimination to equal protection of their rights and legitimate interests.
2. Production on materials and criminal case is performed on the basis of equality of citizens before the law irrespective of their origin, social, official and property status, racial and national identity, political and other convictions, the relation to religion, floor, education, language, sort and nature of occupations, the residence and other circumstances.
3. Nobody can take the advantages and privileges contradicting the law. Exceptions according to the procedure of production on materials and criminal case concerning separate categories of persons are established by this Code.
4. Everyone has the right in course of production on materials and criminal case to legal aid for implementation and protection of the rights and freedoms, including the right to use in the cases and procedure provided by this Code, legal aid of lawyers and other representatives.
5. In the cases provided by the law, legal aid is given at the expense of public funds.
1. Production on materials and criminal case in the Republic of Belarus is conducted in the Belarusian and (or) Russian languages.
2. The right orally or in writing to make statements, to offer explanations and indications, to declare petitions, to make complaints, to get acquainted with criminal case, to appear in court in the native language or in language which they know is provided to the persons who are not knowing or insufficiently knowing language in which criminal procedure is conducted.
In these cases they have the right to use free of charge translation service according to the procedure, established by this Code.
3. Procedural documents in the procedure established by this Code are handed to the suspect, the person accused, and also other participants of criminal procedure of transfer into their native language or into language which they know.
1. Judges when implementing justice are independent and submit only to the law.
2. Any intervention in activities of judges for administration of law is inadmissible and attracts legal accountability.
3. Guarantees of independence of judges are established by the Constitution of the Republic of Belarus, this Code and other laws.
1. Trial of criminal cases in all courts open.
2. Trial of criminal case in the closed judicial session is allowed only for the benefit of ensuring protection of the state secrets and other secret protected by the law, and also on cases on the crimes committed by persons which did not reach sixteen-year age on cases on sex offenses and another matters for the purpose of prevention of disclosure of data on intimate aspects of life of the persons or data degrading their advantage participating in case and in case it is required by interests of safety of the victim, witness or other participants of criminal procedure, and also members of their families or close relatives and other persons whom they reasonably consider relatives.
3. Trial of cases in the closed judicial session is performed with observance of all rules of judicial proceedings.
4. On the cases considered in the closed judicial session only substantive provisions of sentence, determination, the court order are publicly announced.
1. Justice is performed on the basis of competitiveness and equality of the parties of accusation and protection.
2. Functions of accusation, protection and implementation of justice are separated from each other and cannot be assigned to the same body or the same official.
3. The proof obligation in legal proceedings of the charge brought to person is assigned to the party of accusation.
4. The parties in legal proceedings have the equal rights on representation and research of proofs, the statement of petitions, the statement of opinion on any question important on criminal case, participation in judicial debate.
5. The court creates necessary conditions for implementation of the rights granted to the parties and accomplishment of procedural obligations by them.
1. The prosecutor exercises supervision of execution of the laws in case of permission of statements and messages on crimes, during preliminary inquiry, behind compliance to the law of judgments on criminal cases and their execution.
2. The prosecutor shall take timely at all stages of criminal procedure the measures for elimination of violations of the law provided by the law from whoever these violations proceeded.
1. Depending on nature and weight of the committed crime criminal prosecution and accusation in court are performed in public, private and public procedure and according to the procedure of private prosecution.
2. Cases on crimes, stipulated in Article 153, part of 1 Article 170, Article 177, part of 1 Article 178, Article 185, part of 1 Article 202, part of 1 Article 203, part of 1 Article 216, Article 217, part 1 of Article 316 and part 1 of article 317 of the Criminal code of the Republic of Belarus, are cases of private prosecution, are initiated by person, the victim of crime, and in case of its inability on age or the state of health to express the will in criminal procedure or in case of his death – any of his full age close relatives or family members, his legal representative or the representative of the legal entity and production on them is subject to the termination in case of its conciliation with the person accused.
3. Cases of private prosecution are also cases on the crimes provided by part of 1 Article 205, part of 1 Article 209, part of 1 Article 211, part of 1 Article 212, part of 1 Article 214, part of 1 Article 349, part 1 of Article 350 and part 1 of article 352 of the Criminal code of the Republic of Belarus made concerning person, the victim of crime, by members of his family, close relatives or other persons whom it reasonably considers relatives.
4. Cases on the crimes provided by part of 1 Article 149, Articles 150-152, part of 1 Article 154, Article 155, part of 1 Article 166, part of 1 Article 167, part 2 Articles 178, Articles 186, of 188, of 201, part 1 of Article 203-1, Article 204, part of 1 Article 218, Articles 219, of 242, part of 1 Article 246, Article 255, part of 1 Article 321, Article 378 and part 1 of article 384 of the Criminal code of the Republic of Belarus are cases of private and public accusation, are initiated precisely according to the statement of person, victim of crime, his legal representative or representative of the legal entity.
5. The prosecutor has the right to bring criminal case about the crimes specified in parts 2 and 4 of this Article and in the absence of the statement of person, the victim of crime if they infringe on essential interests of the state and society or are made concerning person which is in job or other dependency from the person accused or for other reasons not capable to independently protect the rights and legitimate interests. The proceedings initiated by the prosecutor go for production of pretrial investigation. Production on such case in conciliation of person, victim of crime, with the person accused during pretrial investigation is not subject to the termination.
5-1. The prosecutor brings criminal case about the crimes specified in part 2 of this Article according to the statement of person, victim of crime, in case of lack at it of information about person who committed crime. The proceedings initiated by the prosecutor go for production of pretrial investigation.
6. The prosecutor has the right to enter at any time legal proceedings of case on the crimes specified in part 2 of this Article and to hold charges in court if it protection of the rights of citizens requires, the state or public concerns. In this case criminal proceeding behind conciliation of person, victim of crime, with the person accused can be stopped only in the presence of the bases, stipulated in Article 89 Criminal codes of the Republic of Belarus.
7. Cases on crimes, except for the cases specified in parts 2-4 of this Article are cases of public accusation.
8. Conciliation on the cases listed in parts 2-4 of this Article is allowed only before removal of court to the consultative room for the resolution of sentence.
1. The criminal prosecution authority within the competence shall bring criminal case in each case of detection of essential elements of offense, take all measures provided by the law to establishment of socially dangerous act provided by the penal statute, exposure of persons guilty of crime execution, and their punishment, is equal how to take measures for rehabilitation of the innocent.
2. The criminal prosecution authority shall provide to the victim access to justice and take measures for ensuring compensation of damage suffered.
3. The criminal prosecution authority performs the powers in criminal procedure irrespective of any bodies and officials and in strict accordance with requirements of this Code.
4. Impact in any form on criminal prosecution authority for the purpose of hindrance is forbidden to comprehensive, complete and objective investigation of circumstances of criminal case and attracts the responsibility established by the law.
5. Requirements of criminal prosecution authority imposed according to the law are obligatory for execution by all organizations, officials and citizens.
1. The victim, and in case of its inability on age or the state of health to express the will in criminal procedure or in case of his death - any of his full age close relatives or family members, the legal representative have the right according to the procedure, provided by this Code, to participate in criminal prosecution of the person accused. For private prosecution person which was injured from crime, and in case of its inability on age or the state of health to express the will in criminal procedure or in case of his death - any of his full age close relatives or family members, the legal representative have the right to push and hold charges against person who committed crime. The victim or his legal successor has the right to refuse at any moment of criminal proceeding accusation.
2. The prosecutor in the cases provided by this Code has the right to perform criminal prosecution for private and private and public prosecution irrespective of line item of person, the victim of crime.
3. The refusal of the prosecutor of accusation does not deprive of the victim, the civil claimant or their representatives of the right to hold charges.
1. Criminal case cannot be brought, except as specified, 1 this Article provided by Items 3 and 4 of part, and on the initiated proceedings production is subject to the termination:
1) in the absence of socially dangerous act provided by the penal statute;
2) behind absence in act of actus reus;
3) behind the expiration of prescriptive limits;
4) owing to the act of amnesty if it eliminates application of punishment for committed socially dangerous act, and also the act of amnesty or other act of foreign state if they eliminate application of punishment for socially dangerous act made in its territory by person whose criminal prosecution is performed in the territory of the Republic of Belarus at the request of body of foreign state;
5) behind conciliation of person, victim of crime, with the person accused on criminal cases of private prosecution, except as specified, specified in parts 5 and articles 26 of this Code;
6) in the absence of the statement of person, the victim of crime if criminal case is brought and considered precisely according to its statement, except the cases provided by part 5 of article 26 of this Code;
7) concerning the dead, except for person who committed the crime specified in article 85 of the Criminal code of the Republic of Belarus, and also cases when criminal proceeding is necessary for rehabilitation of the dead;
8) concerning person about whom are available the sentence which took legal effect on the same accusation or determination (resolution) of court on cessation of production on criminal case on the same basis;
9) concerning person about whom are available not repealed resolution of body of inquiry, the investigator, prosecutor on cessation of production on criminal case on the same accusation or the resolution on refusal in initiation of legal proceedings;
10) in case of entry into force of the legal act eliminating punishability of act;
11) in the presence of the bases for release from criminal liability provided by Articles of the Special part of the Criminal code of the Republic of Belarus;
12) in case of refusal the official (body) in consent on initiation of legal proceedings concerning person specified in Items 1, of 2, of the 5 and 6 Article 468-2 of this Code or on involvement of such person as the suspect or the person accused on the criminal case brought concerning other persons or upon the committed crime.
13) concerning person whose criminal prosecution at the request of criminal prosecution authority about rendering the international legal assistance on criminal case on the basis of the principle of reciprocity (further - request of criminal prosecution authority), the directed Prosecutor General's Office of the Republic of Belarus in foreign state, is performed in the territory of this foreign state on the same suspicion, accusation.
14) upon making of socially dangerous act for which on criminal prosecution the consent of the state which performed issue of person is not received in case such consent is obligatory.
3. Cessation of production on criminal case on the bases specified in Items 3 and 4 of part of 1 this Article is allowed only with the consent of the suspect or the person accused. In the absence of the consent of the person accused to cessation of production on criminal case on the specified bases the court finishes trial of criminal case and decides conviction with assignment of punishment and release from its serving or the verdict of not guilty. In cases when suspected (person accused) disappeared from criminal prosecution authority or court or its location is not established, cessation of production on criminal case with observance of requirements of articles 83 and 85 of the Criminal code of the Republic of Belarus for the basis specified in Item 3 parts of 1 this Article, without the consent of suspected (person accused) is allowed.
4. If the circumstances specified in Items 3 (in the presence of person which is subject to attraction as the person accused) and 4 parts of 1 this Article, are found at stage of consideration of the application or the message on crime, production of pretrial investigation is obligatory.
5. Refusal in initiation of legal proceedings, and also cessation of production on criminal case on the basis, stipulated in Item 7 parts of 1 this Article, are not allowed also production on materials and criminal case continues according to the procedure, established by Chapter 49-2 of this Code:
1) if close relatives, members of the family of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused or their legal representatives who can be recognized as representatives of the died suspect of the person accused, person which was subject to attraction as the suspect, the person accused submitted the application for disagreement with refusal in initiation of legal proceedings or cessation of production on criminal case and attraction to participation in production on materials and criminal case as the representative of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused, according to the procedure, established by this Code;
2) in case of making by the died suspect, the person accused, person who was subject to attraction as the suspect, the person accused, the crime specified in article 85 of the Criminal code of the Republic of Belarus, irrespective of line item of person who submitted the application for attraction to participation in production on materials and criminal case as the representative of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused, according to the procedure, established by this Code.
1. According to articles 86-88, 89 and 118 of the Criminal code of the Republic of Belarus court, the prosecutor or the investigator with the consent of the prosecutor has the right to stop criminal proceeding and to exempt person from criminal liability in connection with:
1) application of measures of administrative punishment;
1-1) applications of rules of the Disciplinary charter of Armed Forces of the Republic of Belarus;
2) loss by act or person of public danger;
3) active repentance;
4) conciliation with the victim;
5) availability of the bases, stipulated in Article 20 Criminal codes of the Republic of Belarus concerning the member of the criminal organization or gang;
6) transfer of the minor under observation of the parents or persons replacing them.
2. The prosecutor stops criminal proceeding in view of adoption of the act of release of person from criminal liability in cases, the stipulated in Article 88-1 Criminal code of the Republic of Belarus.
3. In case, stipulated in Item 1 part of 1 this Article, the prosecutor applies the measures of administrative punishment specified in Item 1 of part 2 of article 86 of the Criminal code of the Republic of Belarus.
4. Cessation of production on criminal case on the bases specified in Items 1-4 of part of 1 this Article is not allowed if the person accused objects to it.
5. In case of cessation of production on criminal case in the cases provided by part of 1 this Article, and also Items 3, 4 both 7 parts 1 of article 29 of this Code and availability of the bases for special confiscation of the property got in the criminal way or acquired on the money earned in the criminal way, income gained from use of this property, or sum of money, the corresponding property value got in the criminal way or acquired on the money earned in the criminal way and (or) to the size of income gained from use of this property, the copy of the resolution on cessation of production on criminal case is taken by the investigator, the prosecutor to court for the solution of question of application of special confiscation according to article 46-1 of the Criminal code of the Republic of Belarus.
6. For consideration of question of cessation of production on criminal case on the bases provided by part of 1 this Article, criminal case is submitted to the prosecutor no later than ten days before the expiration of pretrial investigation in time. The decision on consent or on refusal in consent on cessation of production on criminal case is accepted by the prosecutor within five days from the moment of receipt of criminal case about what the mark in the resolution becomes.
1. Conciliation of the person accused with the victim is performed voluntary declaration of will on settlement of the conflict (dispute) which evolved in connection with crime execution between them, including by the conclusion of the mediativny agreement.
2. Conciliation of the person accused with the victim is performed voluntarily and personally. Conciliation with minors by the person accused or the victim is performed with participation of their legal representatives.
3. If conciliation of the person accused with the victim is performed according to the procedure of mediation, then for its carrying out the person accused and the victim on own initiative and to mutual consent choose mediator. Communication of mediator with the person accused to which the measure of restraint in the form of detention, house arrest is applied happens with the consent of the body conducting criminal procedure.
4. Statements for conciliation from the person accused and the victim can be both in written, and in oral form. Written applications are subject to familiarizing with criminal case, and oral are entered in the protocol of investigative action or judicial session according to the procedure, provided by Articles 193 and 308-1 of this Code. If conciliation of the person accused with the victim is reached according to the procedure of mediation, then the mediativny agreement which joins criminal case is submitted to the body conducting criminal procedure.
5. In case of achievement of conciliation of the person accused with the victim on cases on the crimes which are not constituting big public danger or less serious crimes criminal proceeding can be stopped based on item 4 of part 1 of article 30 of this Code, and on criminal case of private prosecution - is subject to the termination based on Item 5 of part 1 of article 29 of this Code. The criminal cases of private and public accusation brought by the prosecutor according to part 5 of article 26 of this Code are not subject to the termination in connection with conciliation of the person accused with the victim.
1. Court, being judicial body, performs justice on criminal cases and provides their correct and legal permission.
2. Criminal case shall be considered by court in essence only according to the process of law established by this Code and on basis:
1) respect for cognizance of specific criminal cases;
2) forming of legal, independent, competent and impartial structure of court;
3) removal of judges;
4) departments of function of implementation of justice from functions of accusation and protection.
1. Criminal cases are considered by judges solely, and in the cases provided by this Code, – is joint.
2. Judge solely:
1) resolves the questions connected with appointment and preparation of legal proceedings;
2) considers on the first instance criminal cases about crimes for which the maximum punishment prescribed by the penal statute does not exceed ten years of imprisonment for certain term (further – imprisonment), except for of cases on crimes of minors;
3) resolves the questions connected with execution of sentence.
3. The board as a part of the judge and two jurymen considers on the first instance criminal cases about:
1) crimes for which the penal statute provides punishment over ten years of imprisonment or capital punishment;
2) crimes of minors.
4. Consideration of criminal cases in appellate instance is performed as a part of three judges, except for the case provided by part 2 of article 379 of this Code, and in cassation, supervising instances – as a part of at least three judges.
5. Involvement of jurymen to participation in consideration of criminal cases is made according to the procedure, established by the legislation.
1) preparation and purpose of legal proceedings;
2) consideration of criminal cases on the first instance;
3) consideration of criminal cases in appeal, cassation procedure and according to the procedure of supervision, and also in case of criminal proceeding on newly discovered facts;
4) the appeal of sentence to execution and permission of the questions connected with execution of sentence and also removal of criminal record;
5) consideration of criminal cases using to person of enforcement powers of safety and treatment.
2. At pre-judicial stages of criminal procedure in the cases and procedure provided by this Code, the judge:
1) considers claims to actions and decisions of criminal prosecution authority on the bases and according to the procedure, the provided this Code;
2) issues decrees on application of measures of restraint in the case provided by part 5 of Article 144 of this Code;
3) issues decrees on the criminal cases which are in its production on the room of person in forensic-psychiatric expert hospital for conducting forensic-psychiatric examination;
4) issues decrees on special confiscation of the property got in the criminal way or acquired on the money earned in the criminal way, income gained from use of this property, or sum of money, the corresponding property value got in the criminal way or acquired on the money earned in the criminal way and (or) to the size of income gained from use of this property in the cases provided by part 5 of article 30 of this Code.
3. If in case of judicial review of criminal case violations of the rights and freedoms of citizens, and also the violations of the law allowed in case of production of inquiry, pretrial investigation or when considering the case by subordinate court are revealed, the court can take out private determination (resolution) which is subject to consideration no later than one month from the date of receipt with the written message to court about the measures taken by private determination (resolution) in time.
4. The court has the right to take out private determination (resolution) and in other cases if recognizes it necessary.
1. The prosecutor is the official within the competence performing criminal prosecution on behalf of the state and holding crown case in court.
2. When implementing the powers on supervision of execution of the laws at stages of pre-judicial production the prosecutor is independent and submits only to the law.
3. The prosecutor has the right to show to the person accused or to person who bears liability for its actions, the claim in protection of interests of the victim who is down and out or for other reasons not capable to independently use the right belonging to it, and also to show and prosecute cases for the benefit of legal entities and the state.
4. During pre-judicial production on materials the prosecutor has the right to get acquainted with the materials of operational search activities relating to the considered application or the message, to give written instructions, obligatory for execution, to the bodies authorized by the law to perform inquiry, operational search activities, about production of investigative and other legal proceedings, conducting investigation and search operations, to bring criminal case and to refuse its excitement. During pre-judicial criminal proceeding the prosecutor accepts criminal case to the production and investigates it in full, using at the same time powers of the investigator, or charges its investigation to the subordinate prosecutor or relevant organ of pretrial investigation; exercises supervision of investigation of criminal cases by body of inquiry, the investigator; performs procedural management and supervision of activities of the subordinate prosecutor holding pretrial investigation.
5. Exercising supervision of respecting the rule of law in case of production of pretrial investigation and inquiry, the prosecutor is authorized:
1) in writing to request from criminal cases, materials the subordinate prosecutor, the investigator and body of inquiry for check, and also to check criminal cases, materials;
To withdraw 2) from body of inquiry and to submit body of pretrial investigation any criminal case according to the competence determined by Article 182 of this Code;
3) personally to make separate investigative and other legal proceedings in case of authorization of application of measure of restraint in the form of detention, house arrest, prohibition of certain actions for the criminal case which is in production of the investigator and also pretrial investigation in full for the purpose of providing comprehensive, complete and objective investigation of circumstances of criminal case;
3-1) to sign the pre-judicial agreement on cooperation with suspected (person accused);
To charge 4) on the criminal case brought and accepted to the production pretrial investigation to group of prosecutors, and in coordination with chiefs of the relevant investigative divisions - group of investigators, to head this investigation team;
5) to repeal illegal and unreasonable resolutions of the subordinate prosecutor, chief of investigative division, the investigator, body of the inquiry and person which is making inquiry, except for the resolutions specified in part 5 of Article 35 and part 6 of article 38 of this Code, and also not corresponding to the law of specifying of the subordinate prosecutor, chief of body of inquiry;
To give 6) to the subordinate prosecutor, to the bodies authorized by the law to perform inquiry, operational search activities, to person making inquiry, written instructions, obligatory for execution, about production of investigative and other legal proceedings, conducting investigation and search operations, and also about application of measures for safety;
7) to apply, change or cancel measures of restraint on the criminal cases which are in production at the subordinate prosecutor, to prolong the term of detention, house arrest, term of consideration of the applications and messages on crime and term of preliminary inquiry;
8) to stop criminal proceeding in cases and on the bases provided by this Code;
9) to resolve branches and rejections;
10) to resolve claims to decisions and actions of the subordinate prosecutor, the investigator, body of the inquiry and person making inquiry, except for claims which consideration is referred by the law to competence of court;
11) to take out the requirement to the chief of investigative division, body of inquiry about elimination of the violations of the law allowed by the body of inquiry, person making inquiry, the investigator in case of acceptance, registration and consideration of the application or messages on crime during inquiry, pretrial investigation, obligatory for consideration within a month from the moment of its receipt if other term is not established by the prosecutor who directed the requirement;
12) to discharge the subordinate prosecutor of production of pretrial investigation with case referral to other prosecutor or in body of pretrial investigation if it allowed violations of legality in case of its investigation, or to accept criminal case to the production and to hold pretrial investigation personally;
13) to address to relevant organs with idea of deprivation of immunity from prosecution of persons using it if these persons are subject to attraction on criminal case as persons accused on the criminal case which is in its production;
14) to authorize application of measure of restraint in the form of detention, house arrest, prohibition of certain actions, pledge; carrying out search, survey of the dwelling or other legal ownership, survey of computer information; the property attachment which is in the dwelling and other legal ownership on post and cable and other departures and their dredging; the requirement about submission of information and seizure of documents, containing the state secrets or other secret protected by the law; listening and record of the negotiations which are conducted on technical communication channels and other negotiations; extraction of corpse from the place of burial (exhumation); the room of the suspect or person accused, not being held in custody, in forensic-psychiatric expert hospital; discharge of the suspect or person accused from position in the cases and procedure established by this Code;
15) to return criminal cases to the subordinate prosecutor, the investigator with the written instructions obligatory for execution, about production of additional investigative and other legal proceedings in cases and procedure, stipulated in Item 3 parts of 1 Article 264 of this Code, and also in case of cancellation of the resolution on the termination of preliminary inquiry;
16) to direct criminal cases to the subordinate prosecutor, the investigator for production of in addition preliminary inquiry in case of transfer of criminal case by court in case of the resolution of the verdict of not guilty behind absence of proof of participation of the person accused in crime execution if person who committed crime remains unspecified, or for production of preliminary inquiry in case of transfer by court of the criminal case allocated in separate production in connection with the person accused justification on separate counts behind absence of proof of participation in crime execution or in case of justification of one of several persons accused behind absence of proof of participation in crime execution;
17) to take criminal case to court;
17-1) to bring to the chief of investigative division, body of inquiry idea, obligatory for execution, of elimination of violations of the law in the activities of bodies of pretrial investigation, inquiry, the reasons and conditions promoting these violations which is subject to immediate consideration with the written notice of the measures taken on representation execution in a month;
18) to use other powers conferred to it by this Code.
5-1. The Attorney-General and his deputies, prosecutors of areas, the city of Minsk or persons fulfilling them duties in case of cancellation of resolutions of body of pretrial investigation on refusal in initiation of legal proceedings and about suspension of preliminary inquiry have the right to give written instructions, obligatory for execution, about production of additional investigative and other legal proceedings.
6. In case of legal proceedings of criminal case the prosecutor as the state prosecutor has the right to declare branches and petitions; express opinions on actions of other participants of criminal procedure, and also on the questions resolved by court; produce to court the evidence; change the list of persons which are subject to challenge in judicial session constituted by the investigator; give to body of inquiry and body of pretrial investigation orders, obligatory for them, on ensuring representation of proofs to court; apply measures of procedural coercion to ensuring representation of proofs to court; participate in judicial research of proofs of criminal case; change, supplement and bring new charge; refuse accusation; protest against actions of other party; object against unreasonable or represented to it wrong on other bases of actions of the chairman; require entering into the protocol of judicial session of objections on the specified actions and records about circumstances which, in his opinion, shall be noted; use other powers provided by this Code.
7. Participating in legal proceedings, the prosecutor shall observe procedure for judicial session, submit to legal orders of the chairman, take measures for providing appearance in judicial session of the victims and witnesses concerning whom measures for safety, new witnesses, need for whose interrogation arose in case of realization by the state prosecutor of powers according to the procedure, provided by part 5 of Article 302 of this Code are taken and is equal in the cases provided by part of 1 Article 302 of this Code and to fulfill other duties provided by this Code.
8. In case of legal proceedings of criminal cases participation of the prosecutor as the state prosecutor is obligatory for public and private and public accusation, and also for private prosecution, initiated by the prosecutor, except as specified, provided by part 2 of article 455 of this Code.
9. By appeal consideration of criminal case the prosecutor has the right to declare branches and petitions, including for challenge of the person accused, the victim, witnesses, experts, specialists, reclamation of the necessary additional documents, purpose of examination, research which are available in proofs; represent additional materials; ask questions to the been person accused, the victim, witnesses, experts, specialists; express opinion on actions of other participants of process, and also on the questions resolved by court; express opinion according to the submitted claims, and also on legality, justification, justice of sentence; receive the copy of appeal determination; use other powers conferred to it by this Code.
10. By cassation or supervising consideration of criminal case the prosecutor has the right to declare branches and petitions; ask questions to the been participants of criminal procedure; express opinion on actions of other participants of process, and also on the questions resolved by court; express opinion according to the submitted claims, and also on legality of sentence, determination, the court order; draw the conclusion on the criminal case considered in cassation procedure on protest of the Chairman of the Supreme Court of the Republic of Belarus or his deputies, chairmen regional, Minsk city courts or in supervising procedure on protest of the Chairman of the Supreme Court of the Republic of Belarus or his deputies; receive the copy of cassation or supervising determination (resolution); use other powers conferred to it by this Code.
1. The chief of investigative division shall perform procedural management of investigation, control of legality and timeliness of actions of investigators for investigation of crimes, to take measures for the most complete, comprehensive and objective investigation of circumstances of criminal case.
2. The chief of investigative division has the right:
1) to bring criminal cases;
2) to charge production of pretrial investigation to the investigator;
3) to check the materials of checks according to statements or messages on crime which are under consideration at the investigator, to check criminal cases;
4) to instruct the investigator in production of pretrial investigation, attraction as the person accused, qualification of crime and amount of accusation, the direction of case, production of separate investigative and other legal proceedings, application of measures of restraint, and also in application of measures for safety;
5) to submit criminal case from one investigator to another, from one investigative division to another;
To direct 6), and also to return to bodies of inquiry for conducting verification of the statement or the message on crime, not containing sufficient data specifying essential elements of offense with written specifying of the circumstances which are subject to examination during check and feasible measures on their establishment;
7) personally to consider applications or messages on crime and to make on them decisions according to the procedure, stipulated in Clause 174 of this Code;
8) to charge production of pretrial investigation on criminal case to several investigators, and also to participate in production of pretrial investigation on the criminal case which is in production of the investigator and to personally hold pretrial investigation, using at the same time powers of the investigator;
9) to charge to the assistant to the chief of investigative division to check criminal cases and to instruct on them;
10) to resolve branches and rejections;
11) to resolve claims to decisions and actions of the investigator, the subordinate chief of investigative division, except for claims which consideration is referred by the law to competence of court;
12) to prolong review period according to the statement or the message on crime in the cases provided by this Code and also to establish the term of conducting such check in case of cancellation of resolutions on refusal in initiation of legal proceedings or about initiation of legal proceedings;
12-1) to stop conducting check according to the statement or the message on crime in the cases provided by this Code;
13) to prolong the term of pretrial investigation;
14) to prolong the term of the accelerated production;
15) to repeal illegal and unreasonable resolutions of the investigator and subordinate chief of investigative division, and also illegal and unreasonable instructions of the subordinate chief of investigative division, the assistant to the chief of investigative division;
15-1) to repeal illegal and unreasonable resolutions of the investigator and subordinate chief of investigative division on refusal in initiation of legal proceedings, about the termination of check and to bring criminal case;
15-2) to repeal illegal and unreasonable resolutions of the investigator and subordinate chief of investigative division on initiation of legal proceedings and to refuse initiation of legal proceedings;
15-3) to repeal illegal and unreasonable resolutions of the investigator and subordinate chief of investigative division on initiation of legal proceedings and to direct to the same or other investigator (the subordinate chief of investigative division) check materials for conducting additional check according to the statement or the message on crime;
15-4) to repeal illegal and unreasonable resolutions of the investigator and subordinate chief of investigative division on initiation of legal proceedings and to stop criminal proceeding if on it investigative actions are already made;
To bring 16) to the prosecutor idea of cancellation of illegal and unreasonable resolutions of the subordinate prosecutor, body of inquiry, and also authorized by the prosecutor of resolutions of the subordinate chief of investigative division, the investigator.
3. Instructions of the assistant to the chief of investigative division are appealed to the chief who gave the assignment about check of criminal case.
4. Instructions for the check materials which are under consideration at the investigator are given to criminal case in writing and are obligatory to execution. In case of the investigator's disagreement with the received instructions he has the right, without stopping their execution, except as specified, provided by part 4 of article 36 of this Code to provide case to the higher chief of investigative division with written statement of the objections.
5. The chairman of the Investigative Committee of the Republic of Belarus or person fulfilling its duties in case of production of pretrial investigation by the investigator of the Investigative Committee of the Republic of Belarus on criminal cases about heavy and especially serious crimes, and also about the crimes provided by part of 1 Article 210, parts 1 and 2 of Article 211, part of 1 Article 235, part 3 Articles 281, part 3 Articles 282, part 2 Articles 424, part 2 Articles 425, parts 1 and 2 of Article 426, part 2 Articles 427, Articles 428, of 429, part of 1 Article 431, parts 1 and 2 of Article 432 and part 1 of article 455 of the Criminal code of the Republic of Belarus having the right to issue the motivated decree on application of measure of restraint in the form of detention, house arrest, prohibition of certain actions, pledge; about carrying out search, survey of the dwelling or other legal ownership; about property attachment, being in the dwelling and other legal ownership, on post and cable and other departures and their dredging, seizure of documents containing the state secrets or other secret protected by the law; about listening and record of the negotiations which are conducted on technical communication channels and other negotiations; about extraction of corpse from the place of burial (exhumation); about the room of the suspect or person accused, not being held in custody, in forensic-psychiatric expert hospital; about discharge of the suspect or person accused from position in the cases and procedure established by this Code. The specified resolution does not require authorization by the prosecutor. The copy of the relevant resolution within 24 hours goes to the Attorney-General of the Republic of Belarus or person fulfilling its duties.
6. Application of measure of restraint or production of legal proceedings based on the resolution of the Chairman of the Investigative Committee of the Republic of Belarus or person fulfilling its duties in case of the previous refusal of the Attorney-General of the Republic of Belarus or person fulfilling its duties in making the sanction for their application (production) are not allowed.
1. Investigator is the official of the Investigative Committee of the Republic of Belarus, the state security agencies performing within the competence provided by this Code, pretrial investigation.
2. The investigator shall take all measures for comprehensive, complete and objective investigation of circumstances of criminal case; perform criminal prosecution of person concerning which the sufficient evidences specifying making of crime by it by attraction it as the person accused, brining a charge, application concerning it according to this Code of measure of restraint, case referral to the prosecutor for the direction in court are collected.
The investigator also shall take measures for safety of participants of criminal procedure and other persons according to requirements of Chapter 8 of this Code.
3. The investigator accepts all decisions on production of investigative and other legal proceedings independently, except as specified, when the law provides receipt of the sanction of the prosecutor or written approval of the decision of criminal prosecution authority on detention of person, and bears complete responsibility for their legal and timely execution.
4. In case of the investigator's disagreement with the instructions of the prosecutor about production of additional investigative and other legal proceedings this according to the procedure, stipulated in Item 3 parts of 1 Article 264 of this Code, the investigator has the right to provide case to the higher prosecutor with written statement of the objections, at the same time having suspended execution of instructions of the prosecutor. In this case the prosecutor or cancels specifying of the subordinate prosecutor, or directs case for production of pretrial investigation to the chief of investigative division for transfer to his other investigator. In case of the investigator's disagreement with instructions of the chief of investigative division about attraction as the person accused, qualification of crime and amount of accusation the investigator has the right, having suspended execution of these instructions, to appeal them to the higher chief of investigative division. In this case the higher chief of investigative division either cancels specifying, or directs case to the subordinate chief of investigative division for production organization of pretrial investigation.
5. The investigator has the right to bring criminal case and to refuse its excitement, to stop and stop pretrial investigation on criminal case, to hold pretrial investigation and to perform all investigative and other legal proceedings provided by this Code and also to resolve appointments to close relatives and family members with person who is held in custody, house arrest on the criminal case which is in its production.
6. The investigator has the right to accept at any time criminal case to the production and to start its investigation, without waiting for production of inquiry of urgent investigative and other legal proceedings by bodies, stipulated in Article the 186th of this Code.
7. The investigator on the criminal case investigated by him, and also in case of consideration of the application or messages on crime has the right to get acquainted with the materials of operational search activities relating to the investigated case to the considered application or the message, to give instructions to the bodies authorized by the law to perform inquiry, operational search activities, about production of investigative and other legal proceedings, conducting investigation and search operations and to demand from them assistance in production of investigative and other legal proceedings. Such instructions of the investigator are given in writing and are for the specified bodies obligatory for accomplishment.
8. The decrees of the investigator issued according to requirements of this Code for the criminal cases which are in its production are obligatory to execution by all organizations, officials and citizens.
1. The state bodies and officials authorized by the law to perform inquiry, are:
1) the Ministry of Internal Affairs of the Republic of Belarus, special divisions on fight against corruption and organized crime of law-enforcement bodies, territorial authorities of internal affairs and departments (departments) of militia which are their part;
2) the state security agencies – on the criminal cases referred by the law to their maintaining;
3) in Armed Forces of the Republic of Belarus and transport troops of the Republic of Belarus – military commandants of military commandant's offices in zone of responsibility of military commandant's offices, commanders of military units, connections, chiefs of military educational institutions, organizations of Armed Forces and garrisons, and in other troops and military forming – commanders of military units, connections, chiefs of bodies of the border service, chiefs of military organizations – on criminal cases about the crimes committed by persons on whom the status of the military personnel, and also expatiates on the crimes committed by civil personnel of Armed Forces, other troops and military forming in connection with execution of service (labor) duties by them in arrangement of military unit, connection, military educational institution, organization, organization of Armed Forces, garrison, body of the border service or its division;
4) chiefs of the organizations performing criminal penalties in the form of imprisonment, pre-trial detention centers – on criminal cases about the crimes committed in arrangement of the specified organizations, except for implementation of inquiry on criminal cases about the crimes against established procedure of service made by the staff of these organizations;
5) the State boundary committee of the Republic of Belarus, territorial authorities of the border service, body of the border service of special purpose – on criminal cases about the crimes revealed in case of accomplishment of the tasks assigned to bodies of the border service;
6) customs authorities – on criminal cases about the crimes provided by articles 228-231, 328-1 and 333-1 of the Criminal code of the Republic of Belarus;
7) bodies of financial investigations of the State Control Committee - on criminal cases about the crimes provided by articles 225-227, 233-235, 237-245, 252 and 261-1 of the Criminal code of the Republic of Belarus, and also about the corruption crimes and crimes provided by Articles 209, of 211, of 216, of 427, 428 and 433 Criminal codes of the Republic of Belarus, revealed in the economic sphere in case of accomplishment of the tasks assigned to them;
8) bodies of the state fire supervision – on criminal cases about the fires and violation of requirements of fire safety;
9) captains of ocean or river crafts, commanders of the aircrafts which are outside the Republic of Belarus – on criminal cases about the crimes committed in courts;
10) heads of diplomatic representations and consular establishments of the Republic of Belarus – on cases on the crimes committed within the territory of diplomatic representations and consular establishments.
2. Depending on nature of crime are assigned to bodies of inquiry and officials:
1) acceptance, registration and consideration of the applications and messages on the crime any made, committed and preparing;
2) conducting check according to the statement or the message on crime, acceptance of the decision on them according to Article 174 of this Code;
3) production of urgent investigative and other legal proceedings on criminal cases;
4) conducting necessary investigation and search operations and acceptance of other measures for the purpose of detection of crimes and identification of persons which made them, establishments of stolen property and property which is subject or can be subject to arrest according to Article 132 of this Code, and also the prevention and control of offenses.
1. The chief of body of inquiry are the head of body of inquiry, and also each of the officials listed regarding 1 article 37 of this Code.
2. The chief of body of inquiry will organize holding necessary operational search actions and acceptance of other measures for the purpose of detection of crimes and identification of persons which made them, preventions and controls of offenses; provides full and high-quality production of urgent investigative and other legal proceedings on criminal cases and materials before transfer to their investigator and accomplishment of orders of the investigator, court, instructions of the prosecutor; exercises control of legality and timeliness of actions of persons making inquiry.
3. Instructions of the prosecutor, the order of the criminal investigator, data according to the procedure, established by this Code, are obligatory to execution by the chief of body of inquiry. Appeal of these instructions to the higher prosecutor does not stop their execution.
4. According to the statements and messages on crime which arrived in body of inquiry the chief of body of inquiry charges conducting check, and on the criminal cases brought by it charges inquiry production; checks being in production at persons making inquiry, materials of checks and criminal cases instructs them in conducting necessary investigation and search operations and legal proceedings; transfers materials of checks and case from one representative to them person making inquiry, to another; inquiry production charges to several persons; has the right to conduct personally inquiry, including having accepted case to the production; directs to bodies of pretrial investigation applications or messages on crimes together with check materials on them in the presence of the sufficient data specifying essential elements of offense according to Item 3 parts of 1 Article 174 of this Code, and also criminal cases.
5. The chief of body of inquiry approves resolutions on excitement or on refusal in initiation of legal proceedings, about suspension or about renewal of conducting check according to the statement or the message on crime, on connection or allocation of statements and messages on crime and check materials on them, about detention, about prolongation of term of consideration of the applications and messages on crimes, on carrying out search, survey of the dwelling or other legal ownership, dredging, about property attachment, post and cable and other departures, about temporary restriction of the right to departure from the Republic of Belarus, about listening and record of the negotiations which are conducted on technical communication channels, and other negotiations, about seizure of documents, containing the state secrets or other secret protected by the law, about the drive, about application, change and cancellation of measure of restraint in the form of detention, house arrest, prohibition of certain actions, pledge, about convoy, about application of measures for safety. Besides, the Minister of Internal Affairs of the Republic of Belarus, the Chairman of Committee for State Security of the Republic of Belarus, the vice-chairman of the State Control Committee of the Republic of Belarus – the director of the department of financial investigations in writing approve the decision of criminal prosecution authority on detention of person in the case provided by part 1-1 of article 108 of this Code.
5-1. The chief of body of inquiry has the right to bring to the prosecutor of idea of cancellation of illegal and unreasonable resolutions, and also authorized by the prosecutor of resolutions of persons making inquiry.
6. The chairman of Committee for State Security of the Republic of Belarus or person fulfilling its duties in case of production of pretrial investigation on criminal cases by the investigator of Committee for State Security of the Republic of Belarus according to the competence determined by Article 182 of this Code and also in case of production of inquiry on criminal cases has the right to issue the motivated decree on application of measure of restraint in the form of detention, house arrest, prohibition of certain actions, pledge; about carrying out search, survey of the dwelling or other legal ownership; about property attachment, being in the dwelling and other legal ownership, on post and cable and other departures and their dredging, seizure of documents containing the state secrets or other secret protected by the law; about listening and record of the negotiations which are conducted on technical communication channels and other negotiations; about extraction of corpse from the place of burial (exhumation); about the room of the suspect or person accused, not being held in custody, in forensic-psychiatric expert hospital; about discharge of the suspect or person accused from position in the cases and procedure established by this Code. The specified resolution does not require authorization by the prosecutor. The copy of the relevant resolution within 24 hours goes to the Attorney-General of the Republic of Belarus or person fulfilling its duties.
7. Application of measure of restraint or production of legal proceedings based on the resolution of the Chairman of Committee for State Security of the Republic of Belarus or person fulfilling its duties in case of the previous refusal of the Attorney-General of the Republic of Belarus or person fulfilling its duties in making the sanction for their application (production) are not allowed.
8. Instructions of the chief of body of inquiry are given to person making inquiry in writing and are obligatory to execution. Appeal of the received instructions to the prosecutor does not stop their execution.
9. Deputy chief of body of inquiry have rights and perform the duties provided by this Article.
It is excluded according to the Law of the Republic of Belarus of 13.12.2011 No. 325-Z
1. Person making inquiry is the official authorized by body of inquiry on implementation of pre-judicial production.
2. The person making inquiry, having the right to self-construct urgent investigative and other legal proceedings, to pass proceeding decisions, except as specified, when are provided by this Code approval of inquiry by their chief of body, either the sanction of the prosecutor, or written approval of the decision of criminal prosecution authority on detention of person.
3. Person making the inquiry having the right to address the chief of body of inquiry with the motivated petition for making the order by it to the corresponding employees of body of inquiry about production of urgent investigative and other legal proceedings, conducting investigation and search operations.
4. The resolutions of person making inquiry, which are taken out according to requirements of this Code on the materials and criminal cases which are in its production are obligatory to execution by all organizations, officials and citizens.
1. Suspect is the physical person detained on suspicion of crime execution or person concerning whom the criminal prosecution authority brings criminal case or the decree is issued about:
1) application of measure of restraint before pronouncement of the resolution on attraction it as the person accused;
2) recognition by the suspect.
2. The criminal prosecution authority has no right to hold the detainee in the suspect's provision over 72 hours, and person to whom the measure of restraint is applied, – over ten days from the moment of the announcement to the suspect of the resolution on application of measure of restraint, including detention term, except as specified, provided by parts 4 and 5 of article 108 of this Code.
3. By the time of the expiration of the terms established by part 2 of this Article, the criminal prosecution authority shall release the suspect from custody, cancel applied concerning its measure of restraint or issue the decree on attraction it as the person accused.
4. The criminal prosecution authority, court shall release the suspect from custody and cancel applied concerning its measure of restraint before the expiration of the terms established by part 2 of this Article in case of suspicion recognition by unreasonable.
5. Person ceases to stay in the suspect's provision from the moment of pronouncement of the resolution on attraction it as the person accused or about the termination of criminal prosecution.
1. The suspect has right of defense. The criminal prosecution authority shall provide to the suspect opportunity to perform the right of defense belonging to it all legal means and by methods.
2. The suspect has the right:
1) the nobility what he is suspected of and to receive the copy of the resolution on excitement against it criminal case or about recognition by his suspect, except for the case specified regarding 1 Article 59-1 of this Code;
Immediately after detention or the announcement of the resolution on application of measure of restraint to receive 2) from the criminal prosecution authority which performed detention or issued the decree on application of measure of restraint, the written notice of the rights belonging to it provided by this Article;
3) immediately after detention or the announcement of the resolution on application of measure of restraint to receive from criminal prosecution authority the copy of the resolution or the protocol on detention, the copy of the resolution on application of measure of restraint, and also the copy of the resolution on initiation of legal proceedings, except for the case specified regarding 1 Article 59-1 of this Code;
To notify 4) through criminal prosecution authority of family members or close relatives on the place of the detention;
In case of detention or application of measure of restraint in the form of detention to receive 5) prior to the first interrogation as the lawyer suspected legal advice bureau at the expense of means of the local budget;
6) to have the defender or several defenders from the moment of the announcement to it resolutions of criminal prosecution authority on excitement against it criminal case, about recognition by his suspect, about detention or resolutions on application of measure of restraint; refuse the defender and protect itself independently; stop powers of the defender;
7) freely to communicate with the defender alone and confidentially without restriction of quantity and duration of conversations;
8) according to its petition to be interrogated with the assistance of the defender no later than 24 hours from the moment of the actual detention;
9) to give evidences or to refuse evidence;
10) to produce the evidence;
11) to declare branches and petitions, including for the conclusion of the pre-judicial agreement on cooperation, for taking measures to ensuring its safety, family members, close relatives and other persons whom he reasonably considers relatives, and also property;
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