PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 23, 2010 No. 672

About approval of the Concept of enhancement of system of measures of criminal liability and procedure for their execution

For the purpose of optimization of measures of criminal liability and procedure for their execution, increase in efficiency of corrective and precautionary impact of measures of criminal liability I decide:

1. Approve the enclosed Concept of enhancement of system of measures of criminal liability and procedure for their execution.

2. To state bodies (organizations) in practical activities to be guided by provisions of the Concept of enhancement of system of measures of criminal liability and procedure for their execution.

3. To the Attorney-General in 2012-2016 annually till March 1 to inform the President of the Republic of Belarus on implementation of the Concept of enhancement of system of measures of criminal liability and procedure for their execution.

4. This Decree becomes effective from the date of its signing.

Approved by the Presidential decree of the Republic of Belarus of December 23, 2010 No. 672

Concept of enhancement of system of measures of criminal liability and procedure for their execution

Chapter 1. General provisions

1. This Concept is developed for the purpose of optimization of criminal penalties (further - punishments) and other measures of criminal liability and procedure for their execution, increase in efficiency of corrective and precautionary impact of punishments and other measures of criminal liability, ensuring social justice in case of application of criminal sanctions, crime preventions in modern conditions.

2. The main objectives of this Concept are:

enhancement of system of punishments and other measures of criminal liability for the purpose of ensuring their compliance to level of social and economic development of the state, criminological structure and dynamics of crime, including recurrent, social adaptation of convicts;

increase in efficiency of prevention of crime;

broader application of funds of material impact for persons who committed crimes;

optimization of terms of custodial sanction for the purpose of perception of this punishment by society, the victim and convict as sufficient and fair;

further expansion of application of types of punishments and other measures of criminal liability alternative to imprisonment, strengthening of precautionary impact of delay of execution of the punishment, conditional non-use of punishment, condemnation without assignment of punishment;

enhancement of institute of parole from punishment for stimulation of convicts to correction;

providing the rights and legitimate interests of persons, victims of crimes, compensation of the damage (harm) caused by crimes, including by means of extrajudicial settlement of the conflicts;

enhancement of procedure for execution of punishments and other measures of criminal liability.

3. During implementation of this Concept are assumed:

enhancement of the penal, criminal procedure and criminal and executive legislation, practice of its application in case of observance of the rights and legitimate interests of citizens, taking into account features of national system of law, level of legal culture of the population and the conventional international legal standards;

optimization of criminal liability of persons who for the first time committed crimes when preserving due retaliatory impact for making of the most dangerous heavy and especially serious crimes;

ensuring application of custodial sanction in the limits corresponding to public danger of the committed crimes and the identity of guilty persons;

increase in efficiency of corrective and precautionary impact of punishments and other measures of criminal liability, early release from punishments;

decrease in the recurrent crime including connected with evasion from serving of punishments;

enhancement of criminal executive system for providing its capability in case of optimum economic costs to perform functions of social adaptation and rehabilitation of convicts.

Chapter 2. Premises of enhancement of measures of criminal liability and pravtika of their application

4. Accepted by the state and society of measure for formation of the Republic of Belarus as constitutional social state promoted strengthening of law and order, more complete providing the rights and legitimate interests of citizens, increase in level of legal culture of the population.

Since 2006 in the Republic of Belarus the steady tendency of reducing crime is noted: for 4 years the crime amount was reduced by 22 percent, including thefts - for 20 percent, murders - for 45 percent, hooliganisms - for 60 percent.

At the same time criminological researches of practice of appointment and execution of punishments and other measures of criminal liability, early release from punishments show their insufficient corrective and precautionary efficiency, incompleteness of creation of the balanced and developed criminal executive system about what witness the high level of recurrence of crimes (about 41 percent), incomplete compensation of the damage (harm) caused by crimes, inefficient social adaptation and rehabilitation of convicts.

5. Despite the taken measures for enhancement of the penal statute, including introduction of types of punishments and other measures of criminal liability alternative to imprisonment, expansion of the bases for release from criminal liability, imprisonment constitutes about 24 percent in structure of types of punishments. Considering application of punishment in the form of arrest (about 11 percent), the number of persons sent in 2009 to places of detention exceeded 35 percent from total number of convicts. To some extent it is connected also with inefficient execution of punishments alternative to imprisonment in the form of restriction of freedom and corrective works.

6. Now in correctional facilities there is considerable number of persons condemned to long terms of custodial sanction. From about 53 percent serving this sentence it is condemned to imprisonment for the term of 5 and more years. Also the steady tendency of removal enough deterrent sentences to the former heads of state bodies (organizations) for making of property offenses, procedure of economic activity, procedure for management and interests of service is noted.

Article 70 of the Criminal code of the Republic of Belarus (further - UK) about appointment in the presence of exceptional circumstances of milder pinishment, than it is provided for this crime, it is applied no more than to 1 percent of condemned.

At the same time for most of persons oriented to making of the crimes of mercenary nature which are not relating to heavy and especially heavy custodial sanction lost property of radical punitive measure as it was applied for making by these persons of both the first, and the subsequent crimes.

7. Punishment in the form of restriction of freedom is optimum alternative to imprisonment only concerning the convicts having steady motivation on social adaptation and rehabilitation.

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