LAW OF THE REPUBLIC OF BELARUS

of January 5, 2015 No. 241-Z

About entering of amendments and changes into Criminal, Criminal procedure, Criminal and executive codes of the Republic of Belarus, the Code of the Republic of Belarus about administrative offenses and the Procedural and executive code of the Republic of Belarus about administrative offenses

It is accepted by the House of Representatives on December 17, 2014

Approved by Council of the Republic on December 18, 2014

Article 1. Bring in the Criminal code of the Republic of Belarus of July 9, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 76, 2/50; 2002, No. 75, 2/861; 2003, No. 8, 2/922; No. 80, 2/969; No. 83, 2/974; 2005, No. 74, 2/1112; No. 121, 2/1137, 2/1140; 2006, No. 1, 2/1168; No. 92, 2/1219; No. 111, 2/1242; 2007, No. 118, 2/1306, 2/1309; No. 120, 2/1325; No. 160, 2/1343; No. 173, 2/1361; No. 175, 2/1371; No. 291, 2/1385; 2008, No. 1, 2/1388; No. 14, 2/1412; No. 170, 2/1464; No. 184, 2/1508, 2/1514; No. 277, 2/1547; 2009, No. 148, 2/1578; No. 173, 2/1594; 2010, No. 16, 2/1651; No. 120, 2/1675; No. 183, 2/1718; 2011, No. 4, 2/1775; No. 127, 2/1861; No. 134, 2/1870; National legal Internet portal of the Republic of Belarus, 03.07. 2014, 2/2163; 06:11. 2014, 2/2195) following amendments and changes:

1. Add Article 4 with parts 16 and 17 of the following content:

"16. Criminal and legal compensation is understood as measure of material nature which person who committed crime agrees to accept and shall perform as one of conditions of release from criminal liability or shall perform in case of application of other measures of criminal liability. Criminal and legal compensation is form of smoothing down of fault before society, is intended to promote correction of person who committed crime to recovery of social justice and is applied only in the cases provided by this Code.

17. Accomplishment of socially useful works in Articles 77 and 78 of this Code is understood as measure of corrective impact which execution the court can assign to person condemned with delay of execution of the punishment, conditional non-use of custodial sanction for the purpose of providing and (or) confirmation of its correction.".

2. Add Article 9 with part 5 of the following content:

"5. Rules of this Article are applied also in cases when owing to cancellation or change of regulatory legal act for which violation of requirements criminal liability is established the corresponding act lost essential elements of offense, provided by this Code.".

3. In Article 39:

to state the name of Article and part 1 in the following edition:

"Article 39. The act connected with risk

1. Act (action or failure to act) which did harm to the right protected interests is not crime if this act was made in the conditions of reasonable risk for achievement of the socially useful purpose.";

part 2 after the word "risk" to add with the words "reasonably calculated that";

add Article with part of 2-1 following content:

"2-1. The economic (business) risk can be recognized reasonable if the effective objective could be achieved also not by risk acts (decisions), but with smaller economic result.".

4. In Article 43:

in part 2:

in Item 2:

exclude the words "or especially heavy";

shall be replaced with words the words "there were at least two times" "at least two times was";

add part with Item 3 following of content:

"3) in case of committing by person of especially serious crime if earlier it at least two times were condemned and served custodial sanction for serious crimes.";

state part 3 in the following edition:

"3. The recurrence of crimes is recognized especially dangerous:

1) when person commits serious crime if earlier he was at least two times condemned and served custodial sanction for especially serious crimes;

2) in case of committing by person of especially serious crime if earlier it was condemned and served custodial sanction for especially serious crime.".

5. In Article 49:

regarding 2 words "students in organizations of education" shall be replaced with words "getting education";

in part 5 to replace the word of "fourth" with figure "4".

6. Part 2 of article 50 after the first offer to add with the offer of the following content: "For crimes against procedure of economic activity and against interests of service the penalty is established in the amount of three hundred to five thousand basic sizes.".

7. Part 4 Articles 51 after words to "service", and "restriction of freedom" to add respectively with words "to restriction of freedom without the direction in correctional facility of open type," and "with the direction in correctional facility of open type".

8. In Article 52:

in part 5 to replace the word of "six" with the word of "three";

in part 6 to replace the word of "third" with figure "3".

9. Regarding 1 Article 54 to replace the word of "six" with the word of "three".

10. In part 6 of Article 55 of the word shall be replaced with words "students in organizations of education on internal (day) form of education" "getting education in day form of education".

11. Regarding 3rd Article 65:

after the word of "Code" to add part with the words "and also in case of accomplishment of the obligations provided by the pre-judicial agreement on cooperation";

replace the word "second" with figure "2".

12. Add Article 66 with part 4 following of content:

"4. In case of accomplishment by the organizer (head) of organized group of the obligations provided by the pre-judicial agreement on cooperation, penalty is imposed without the restrictions provided by part 2 of this Article.".

13. Add the Code with Article 69-1 of the following content:

"Article 69-1. Assignment of punishment in case of the conclusion of the pre-judicial agreement on cooperation

1. In case of accomplishment by person who committed crime, the obligations provided by the pre-judicial agreement on cooperation, the term or the amount of punishment cannot exceed half of the maximum term or the size of the most severe looking of the primary punishment prescribed by the relevant article of the Special part of this Code, and in case of committing by person of the heavy or especially serious crime integrated to infringement of life or health of the person - two thirds of the maximum term or the size of the most severe looking of the primary punishment prescribed by the relevant article of the Special part of this Code.

2. The rules provided by part of 1 this Article are not applied to person who committed crime for which the relevant article of the Special part of this Code provides life imprisonment or capital punishment. In this case in case of accomplishment by person who committed crime, the obligations provided by the pre-judicial agreement on cooperation, capital punishment is not applied. To such person penalty in the form of life imprisonment or imprisonment within the sanction of the relevant article of the Special part of this Code can be imposed.".

14. In Article 77:

regarding 3 words "second" and "fourth" to replace respectively with figures "2" and "4";

add part 4 with words ", in free from work and (or) studies time to perform socially useful works in amount till hundred twenty o'clock".

15. In Article 78:

regarding 1 word "for crime execution to imprisonment for a period of up to five years" shall be replaced with words "to imprisonment for crime execution, not constituting big public danger, or less serious crime";

state part 5 in the following edition:

"5. During probation period for the convict preventive observation is performed and the obligations provided by part 2 Articles of 81 of this Code are assigned to it. If necessary the court can also assign to the convict of obligation to apologize to the victim, in certain time to eliminate the damage (harm) caused by crime, to go to work or study, in free from work and (or) study time to perform socially useful works in amount till hundred twenty o'clock, to receive medical treatment for chronic alcoholism, drug addiction, toxicomania or venereal disease. In case of condemnation with conditional non-use of punishment the court can oblige the convict to pay to the income of the state criminal and legal compensation in the amount of thirty up to hundred basic sizes within six months after the introduction of sentence in legal force.".

16. In Article 79 of the word "being heavy or especially heavy" and "in the conditions of implementation" to replace respectively with the words "representing to big public danger, or less serious crime" and "when implementing".

17. In Article 80:

add Article with part of 1-1 following content:

"1-1. Preventive supervision is not established for the foreign citizens and persons without citizenship who are constantly not living in the Republic of Belarus.";

in Item 4 words "after departure of custodial sanction it" shall be replaced with words 2 parts "it within criminal record term";

add part 6 with words ", but within criminal record term";

add part 11 with Item 6 of the following content:

"6) in case of expulsion (deportation) from the Republic of Belarus of the foreign citizen or the stateless person behind which preventive supervision is established.".

18. Part of 1 Article 81 after the word of "Code" to add with the words "and also behind persons which are conditionally ahead of schedule exempted from serving sentence during unexpired part of punishment".

19. State Article 82 in the following edition:

"Article 82. General provisions about release from criminal liability and punishment

1. Person who committed crime can be exempted from criminal liability or punishment or is ahead of schedule exempted from serving of the penalty imposed by court only in the cases provided by this Code. If as condition of release from criminal liability payment of criminal and legal compensation is provided, the decision on release of person from criminal liability is made after its introduction into the deposit account of the body conducting criminal procedure. Payment of criminal and legal compensation does not exempt person from obligation to indemnify the loss (harm) caused by crime and (or) to pay income gained in the criminal way if the specified conditions are provided in quality of those for decision making about release from criminal liability.

2. In case of release of person from criminal liability the money deposited into the deposit account of the body conducting criminal procedure addresses in the income of the state. In case of variation of the petition for release of person from criminal liability the money deposited returns to the deposit account of the body conducting criminal procedure to person which brought them.".

20. In Article 83:

in part item 4 "heel" to replace 1 word with figure "5";

in part 3 to replace the word of "first" with figure "1";

regarding 4 words "investigations" and "heel" to replace respectively with words of "criminal prosecution authority" and figure "5";

to add part 5 after the word "which" with the word "it".

21. In Article 86:

regarding 1 word "its correction is possible without application of punishment or other measures of criminal liability" it is enough shall be replaced with words "for its correction applications of measures of administrative punishment";

in part 2:

in paragraph one to replace the word of "first" with figure "1";

add part with item 4 of the following content:

"4) deprivation of the special right for a period of three months up to three years.".

22. In Article 87:

"act" to add the name of Article after the word with the words "or person";

in the text of Article of the word "the acts made by it lost nature of socially dangerous" shall be replaced with words "the act made by it lost nature socially dangerous or this face stopped being socially dangerous".

23. To state part 1 of Article 88 in the following edition:

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