Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

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

of March 28, 2013 No. 1

About practice of application of enforcement powers of safety by courts and treatments in criminal trial

(as amended of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of 31.03.2021 No. 2)

Having discussed results of studying and generalization of court practice, for the purpose of ensuring the correct and uniform application of enforcement powers of safety by courts and treatment in criminal trial the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that enforcement powers of safety and treatment concerning the persons who made socially dangerous acts provided by the penal statute in condition of diminished responsibility or committed crimes in sanity condition, but the diseased to the resolution of sentence or in term of imprisonment mental disturbance (disease) depriving of their opportunity to understand value of the actions or to direct them, are aimed at safety of society, the prevention of new socially dangerous acts from such persons, their protection and treatment.

Concerning the persons who committed crimes in condition of the reduced sanity, and also having chronic alcoholism, drug addiction or toxicomania, enforcement powers of safety and treatment can be appointed along with punishment or other measures of criminal liability for the purpose of their treatment and correction.

2. Explain to courts that as the basis for application of enforcement powers of safety and treatment to persons listed in Art. 100 of the Criminal code of the Republic of Belarus (further - UK), serves the fact of making of socially dangerous act provided by the penal statute. Therefore during legal proceedings it is necessary to check carefully the proofs establishing or confuting committing by person of such act.

In case participation of person concerning which the question of application of enforcement powers of safety and treatment is raised in making of socially dangerous act provided by the penal statute is not proved, court, regardless of availability and nature of disease of person, stops concerning its criminal proceeding. At the same time in five-day time the copy of determination (resolution) of court goes to the relevant organization of health care for the solution of question of rendering medical care to such person or on the direction it in psychiatric hospital in the procedure established by the legislation (the p. 4 of Art. 448 of the Code of penal procedure of the Republic of Belarus (further - the Code of Criminal Procedure).

3. Courts should mean what in case of the solution of question of application of the enforcement powers of safety and treatment specified in Art. 101 of UK, along with nature of the commited by person act and mental condition of person which made it is subject also to examination whether danger to it either other persons or possibility of causing other harm by it represents mental disturbance (disease) of person (item 5 of Art. 447 of the Code of Criminal Procedure).

In case of purpose of specific type of enforcement power of safety and treatment courts should be guided by provisions of Art. 102 of UK.

Determining, person concerning whom production on application of enforcement powers of safety and treatment is conducted is how dangerous to society, courts should estimate nature of mental disturbance (disease), tendency of person with respect thereto to making of violent acts concerning other persons or to damnification to themselves, to making of other socially dangerous actions, exposure to asocial influence from other persons.

It is not provided in cases when person on the mental condition and taking into account nature of committed act does not constitute danger to society, application to it enforcement powers of safety and treatment according to the procedure of criminal trial.

4. Cognizance of cases on application of enforcement powers of safety and treatment is determined by the general rules of cognizance of criminal cases established by Chapter 32 of the Code of Criminal Procedure, and structure of court - based on item 2 of the p. 2 and subitem 1, by the 2nd p. 3 of Art. 32 of the Code of Criminal Procedure.

Proceeding from provisions p.1 of Art. 445 of the Code of Criminal Procedure, the judge, having established lack of the bases interfering consideration of criminal case about application of enforcement power of safety and treatment issues the decree on purpose of legal proceedings in which are subject to permission as the questions specified in the p. 2 of Art. 281 of the Code of Criminal Procedure, and the questions caused by features of this category of cases, in particular, the faces touching challenge in judicial session concerning which criminal case, the expert, etc. is considered.

Courts should mean that owing to p.1 Art. 445 of the Code of Criminal Procedure the expert is called in judicial session in necessary cases. Such need can arise, in particular, when: there are contradictions between research part of the conclusion and the expert's conclusions; contradictory basic data are the basis for conclusions of the expert; the experts participating in conducting examination came to different conclusions; the expert's conclusions concerning recommended type of enforcement power of safety and treatment contradict other circumstances on case.

5. Draw the attention of courts that the prosecutor, and also the legal representative and the defender of person concerning whom production is conducted is surely informed on time and the place of jurisdiction of criminal case about application of enforcement powers of safety and treatment.

Absence of the legal representative who is properly informed on the place and time of consideration of criminal case and did not declare the petition for its adjournment does not interfere with consideration of criminal case if the court does not find its participation necessary.

In case of absence of the defender legal proceedings are postponed. The refusal of the defender on such cases cannot be accepted by court.

Non-compliance by court with requirements of the law on obligatory participation of the defender in relation to provisions of item 4 of the p. 2 of Art. 391 of the Code of Criminal Procedure is fundamental breach of the criminal procedure law.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.