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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of April 29, 2009 No. P-321/2009

About compliance of the Constitution of the Republic of Belarus of the Law of the Republic of Belarus "About amnesty in connection with the 65 anniversary of liberation of Belarus from fascist aggressors"

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Miklashevich P. P., the vice-chairman Maryskin A. V., Boyko T. S. judges., Danilyuka of Page E., Kozyreva L. G., Podgrusha V. V., Ryabtseva L.M., Sergeyeva O. G., Tikovenko A. G., Chigrinova S. P., Shuklin V. Z.

based on part one of article 116 of the Constitution of the Republic of Belarus, subitem 1.1 of Item 1 and Item 3 of the Decree of the President of the Republic of Belarus of June 26, 2008 No. 14 "About some measures for enhancement of activities of the Constitutional Court of the Republic of Belarus"

considered in proceeding in open court according to the procedure of mandatory preliminary control constitutionality of the Law of the Republic of Belarus "About amnesty in connection with the 65 anniversary of liberation of Belarus from fascist aggressors".

Having heard the judge-speaker Danilyuk of Page E., having analyzed regulations of the Constitution of the Republic of Belarus (further - the Constitution), the Law of the Republic of Belarus "About amnesty in connection with the 65 anniversary of liberation of Belarus from fascist aggressors", the Criminal code of the Republic of Belarus (further - UK), other legal acts, the Constitutional Court of the Republic of Belarus established:

The law of the Republic of Belarus "In connection with the 65 anniversary of liberation of Belarus from fascist aggressors" (further the Law) is adopted about amnesty by the House of Representatives of National assembly of the Republic of Belarus on April 15, 2009, approved by Council of the Republic of National assembly of the Republic of Belarus on April 23, 2009 and provided to the President of the Republic of Belarus for the signature.

When checking constitutionality of the Law the Constitutional Court proceeds from the following.

According to part three of article 1 of the Constitution the Republic of Belarus protects the independence and territorial integrity, the constitutional system, provides legality and law and order.

The criminal and legal and criminal and executive policy pursued by the state is directed to strengthening of public order and fight against crime. One of components of such policy is amnesty of persons who committed crimes.

According to part 2 of article 95 UK based on the act of amnesty person who committed crime can be exempted from criminal liability, and person condemned for crime can be fully or partially exempted from punishment as the main, and additional, or is exempted from punishment conditionally, or to such person unexpired part of punishment can be replaced with milder pinishment, or to it the criminal record can be removed.

Thus, amnesty is manifestation of humanity to persons who committed crime.

In the considered Law the structure and contents of the laws on amnesty which are earlier adopted in the Republic of Belarus are generally kept.

So, according to article 1 of the Law release from punishment and other measures of criminal liability of separate categories of persons, including minors is provided; expectant mothers; the women and lonely men having children aged up to eighteen years; men is more senior than sixty years and women is more senior than fifty five years; disabled people of I and II groups, and also persons having some forms of serious illness; combat veterans in the territory of other states; participants of mitigation of consequences of catastrophic crash on the Chernobyl NPP, other radiation accidents and persons, injured (victims) from these accidents; persons who were wounded (contusions), mutilations, diseases in case of fulfillment of duties in the period of military service and also in connection with implementation of office activities during service in law-enforcement bodies, financial investigations, prosecutor's office, bodies and divisions for emergency situations.

In the Law release and other categories of persons from punishment in the form of arrest, restriction of freedom, the direction is provided in disciplinary military unit, imprisonments in case of condemnation:

for the crimes which are not constituting big public danger and also in case of condemnation to arrest for other categories of crimes - regardless of punishment departure term;

for less serious crimes - in case of departure at least one quarter of the appointed punishment term;

for separate heavy and especially serious crimes against property: theft, fraud, assignment or waste, plunder by use of the computer equipment in large and especially large sizes (except for persons who committed crimes as a part of organized group) - in case of departure at least one third of the appointed punishment term (article 2-7 of the Law).

Release from punishment partially for a period of one year is provided in part one of article 10 of the Law:

persons to whom custodial sanction, restrictions of freedom and also which are conditionally ahead of schedule exempted from these types of punishment (article 90 UK) or persons to whom unexpired part of these types of punishment is replaced with milder pinishments (article 91 UK) is imposed;

the military personnel to whom penalty in the form of the direction in disciplinary military unit is imposed.

According to part two of article 10 of the Law above-mentioned categories of persons are subject to release from unexpired part of punishment if before the termination of term of punishment there are less than one year.

Based on part two of article 14 of the Law the convicts who committed crimes about day of its introduction in force concerning whom sentences are decided before the termination of the term established in part one of article 24 of the Law fall under operation of article 10 of the Law (that is within six months from the date of its introduction in force).

Besides, article 13 of the Law provides release from criminal liability and the termination of preliminary inquiry on the criminal cases which are in production of bodies of preliminary inquiry, and production on the criminal cases which are not considered by courts about the crimes committed before entry into force of the Law by persons listed in article 1 of the Law on condition of acceptance by them of measures for compensation of the harm (damage) done by crimes.

Along with provision of the right to release from punishment and other measures of criminal liability to rather big group of people which committed crime in the Law the list of persons to whom amnesty does not extend is determined. Faces are carried to them:

to which during 2002-2009 amnesty or pardon and which committed intentional crime again were applied;

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