RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of March 29, 2012 No. 1

About practice of application by courts of Articles 86, 88, 89 Criminal codes of the Republic of Belarus providing possibility of release of person from criminal liability

For the purpose of ensuring the correct and uniform application by courts of regulations of the Criminal and Criminal procedure codes of the Republic of Belarus (further respectively – UK, the Code of Criminal Procedure) providing possibility of release of person from criminal liability with attraction it to the administrative responsibility in connection with active repentance or conciliation with the victim, the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that application of the Art. of the Art. 86, 88, 89 UK providing possibility of release from criminal liability of person who made not constituting big public danger or less serious crime is allowed in the presence of the sufficient data testimonial of lack of need of application to the person accused of punishment or other measures of criminal liability, on condition of compensation of the caused damage, smoothing down of the harm done by crime, accomplishment by the person accused of other conditions containing in these regulations.

2. Provide to courts individual approach to the solution of questions of release of persons accused from criminal liability with administrative prosecution, transfer of the minor under observation of the parents or persons replacing them and also in connection with active repentance or conciliation with the victim.

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