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CODE OF PENAL PROCEDURE OF THE REPUBLIC OF BELARUS

of July 16, 1999 No. 295-Z

(The last edition from 09-01-2019)

It is accepted by the House of Representatives on June 24, 1999

Approved by Council of the Republic on June 30, 1999

Part one. General provisions

Section I. Basic provisions

 Chapter 1. Criminal procedure legislation

Article 1. The laws determining procedure for criminal procedure *

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.

Article 2. Tasks of the criminal procedure law

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.

Article 3. Limits of operation of the criminal procedure law

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.

Article 4. Operation of the criminal procedure law concerning foreign citizens and stateless persons

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.

Article 5. Operation of the criminal procedure law in time

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.

Article 6. Explanation of some concepts and names containing in this Code

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;

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