of January 15, 2014 No. 13
About procedure for execution of punishments and other measures of criminal liability by territorial authorities of internal affairs
Based on subitem 9.4 of Item 9 of the Regulations on the Ministry of Internal Affairs of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 4, 2007 No. 611, of part 10 of Article 14 of the Penitentiary code of the Republic of Belarus the Ministry of Internal Affairs of the Republic of Belarus DECIDES:
1. Approve the Instruction about procedure for activities of territorial authorities of internal affairs for execution of punishments and other measures of criminal liability it (is applied).
2. This resolution becomes effective after its official publication.
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Minister militia major general |
I. A. Shunevich |
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It is approved Minister of Taxes and Tax Collection of the Republic of Belarus January 10, 2014 |
V. N. Poluyan |
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It is approved Minister of Health of the Republic of Belarus January 10, 2014 |
V.I.Zharko |
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It is approved Minister of Labour and Social Protection of the Republic of Belarus January 10, 2014 |
M. A. Shchetkina |
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It is approved Acting as Attorney-General of the Republic of Belarus counselor of state of justice 3 classes January 15, 2014 |
N. I. Kuklis |
Approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of January 15, 2014 No. 13
1. This Instruction determines procedure for activities of managements, Departments of Internal Affairs of city, district executive committees (local administrations) (further - Department of Internal Affairs) by execution of the punishments which are not connected with isolation of the convict from society, and other measures of criminal liability concerning the convicts staying on the registry in criminal and executive inspections of Department of Internal Affairs (further if other is not established, - inspection).
2. In this Instruction the main terms and their determinations in the values established by the Criminal code of the Republic of Belarus and the Penitentiary code of the Republic of Belarus and also the following terms and their determinations are used:
educational work with convicts – the complex system of measures based on the commonly accepted principles, methods and forms of activities of the subjects interested and participating in holding educational actions, directed to forming and strengthening at convicts of aspiration to occupation by socially useful activities, to conscientious attitude to work, study, observance of requirements of the legislation and accepted in the society of rules of conduct;
educational impact – the purposeful work of the subjects interested and participating in holding educational actions, directed to forming of comprehensive and steady readiness of the right obedient conduct of life condemned to maintaining;
educational actions – the individual, group educational events with convicts held by the subjects interested and participating in carrying out educational work;
individual educational action with the convict – the event held by the subjects interested and participating in carrying out educational work, with separately taken convict taking into account specific features of his personality and directed to involvement of person in socially useful activities, forming at it to comprehensive and steady readiness for maintaining right obedient conduct of life;
group educational action with convicts – the event held by the subjects interested and participating in carrying out educational work concerning separately taken group of convicts for the purpose of forming of the healthy moral and psychological atmosphere in social environment of convicts, development of useful activity and organization in socially useful activities and also strengthenings of readiness to lead right obedient life;
the subjects interested and participating in carrying out educational work – employees and civil personnel of inspection, the staff of other divisions of Department of Internal Affairs, and also under approval representatives of state bodies, organizations and public associations, close relatives of convicts who can make on them positive impact.
3. The legal basis of activities of Department of Internal Affairs for execution of the punishments which are not connected with isolation of the convict from society, and other measures of criminal liability the Constitution of the Republic of Belarus, the Criminal code of the Republic of Belarus, the Penitentiary code of the Republic of Belarus, the Law of the Republic of Belarus of July 17, 2007 constitute No. 263-Z "About law-enforcement bodies of the Republic of Belarus" and other acts of the legislation.
4. Inspection in case of execution of the punishments which are not connected with isolation of the convict from society, and other measures of criminal liability interacts with bodies of prosecutor's office, courts, inspectorates of the Ministry of Taxes and Tax Collection (further – inspection of the Ministry of Taxes and Tax Collection), bodies for work, employment and social protection, the state organizations of health care, local executive and administrative organs, and also public associations.
5. The court order with the copy of sentence (determination, the resolution) vessels is registered in day of receipt in the magazine of incoming documents of Department of Internal Affairs, and after imposing of the resolution by the chief of Department of Internal Affairs or its deputy and studying by inspectorate of all bases for acceptance to execution – in register:
convicts to social jobs;
condemned to deprivation of the right to hold certain positions or to be engaged in certain activities;
convicts to arrest;
convicts to corrective works;
condemned to restriction of freedom without the direction in correctional facility of open type (further – IUOT);
convicts with delay of execution of the punishment and conditional non-use of punishment;
convicts without assignment of punishment;
the expectant mothers and women having children under three years to whom serving sentence delay is applied (further – the condemned woman) condemned to imprisonment;
persons which are conditionally ahead of schedule exempted from punishment;
convicts to restriction of freedom with the direction in IUOT.
In the same procedure the personal records of convicts which arrived for execution on territoriality from other inspections are registered.
6. Day of logging of incoming documents of Department of Internal Affairs of the court order with the copy of sentence (determination, the resolution) vessels is considered day of statement of the convict on accounting in inspection, except for convicts to restriction of freedom without the direction in IUOT for which day of registration is day of acquaintance with procedure and conditions of serving sentence.
7. Sentences (determinations, resolutions) courts concerning convicts without certain residence, and also convicts whose location is not established accept to execution of inspectorate for the last place of residence of such convicts specified in sentence (determination, the resolution) of court, and concerning the convicts exempted from organizations of criminal executive system of the Ministry of Internal Affairs (further – penal correction system organization) according to Articles 90 or 119, 91 or 120 Criminal codes of the Republic of Belarus, – inspectorates for the residence elected by the convict.
8. About acceptance to execution of the court order with the copy of sentence (determination, the resolution) vessels inspection takes to court the notice in form according to appendix 1.
9. When obtaining from other inspection of the personal record on the convict who changed the residence and (or) works, the notice goes to this inspection.
10. When obtaining from penal correction system or Department of Internal Affairs organization of the copy of the court order about parole or about replacement of unexpired part of punishment with milder pinishment inspection sends the notice to the specified penal correction system organization or Department of Internal Affairs.
The notice specified in Items 8 and 9 of this Instruction, and also in part one of this Item goes to ten-day time from the date of registration of the copy of sentence (determination, the resolution) vessels, the personal record in the magazine of incoming documents of Department of Internal Affairs.
11. In day of registration of the court order with the copy of sentence (determination, the resolution) vessels in the corresponding register on the convict the personal record is opened.
12. In case of starting the personal record concerning convicts to social jobs and corrective works, and also concerning convicts with delay of execution of the punishment and conditional non-use of punishment to whom the court assigns obligation in free from work and (or) study time to perform socially useful works, the accounting card which is kept with use of electronic databank of the faces consisting on accounting in inspections is filled in.
Number of accounting card shall correspond to number at which the convict is registered in register of convicts.
13. Concerning the convict to whom additional punishment in the form of deprivation of the right to hold certain positions is imposed or to be engaged in certain activities, the inspectorate opens two personal records: on the main and additional punishments, except for case when execution of additional punishment is delayed according to article 77 of the Criminal code of the Republic of Belarus.
14. After registration of the court order with the copy of sentence (determination, the resolution) vessels in the corresponding register the convict is called in inspection with identity documents.
In inspection the convict can be called by means of:
telephone, electronic and other communication (in the presence of data on phone number of the convict or the address of its e-mail);
deliveries to the convict under the signature of the notification on need of appearance in inspection (further – the notification) in form according to appendix 2 in case of visit of the convict (the fact of receipt of the notification concerning minors can be confirmed by the signature of the legal representative);
deliveries under the signature of the notification to the full age persons living together with the convict (in case of absence of the convict). In case of refusal to accept the notification or to undersign for its obtaining on the notification the corresponding mark becomes;
directions of the notification by mail;
the obligation which is with own hand written to convicts about appearance in inspection.
In appearance day of the convict in inspection without fail it specifies and checked biographical particulars, its special signs, the information about close relatives and other persons with whom he maintains the relations, with indication of these data in the corresponding Items of the certificate of the had talk become clear.
15. In case of absence of the convict on challenge inspection can issue the decree on the forced drive in form according to appendix 3. The resolution on the forced drive appears to the convict under the signature.
16. The personal record of the convict is created in cover.
17. The sequence number of the personal record of the convict shall correspond to number at which the copy of sentence (determination, the resolution) vessels is registered in the corresponding register of convicts.
18. The similar method assigns number to the personal record of the convict which arrived from other inspection.
19. In the personal record of the convict the court order with the copy of sentence (determination, the resolution) vessels, other documents relating to execution of the punishments which are not connected with isolation of the convict from society, and other measures of criminal liability are located.
20. The documents placed in the personal record of the convict are hemmed, numbered and entered in the inventory. Personal records shall contain as appropriate. It is forbidden to create the personal record of unsigned documents, excess copies, not verified copies and statements from documents, drafts (working options) of documents.
21. Inspection provides proper storage of personal records of convicts.
Personal records of convicts are stored in cases.
Submission of personal records of convicts to the interested state bodies is performed only based on the written request.
22. Personal records of the convicts who committed returns to crime shall be stored separately from another personal records.
23. The organization of educational work with convicts is assigned to the chief of inspection or his deputy (the chief inspector in inspections where are not provided by the staff list of position of the chief of inspection and his deputy).
Responsibility for timeliness and quality of the educational events held with convicts, design of information stands (tablets) is assigned to employees and civil personnel of inspection according to job responsibilities, and control - to the chief of Department of Internal Affairs (deputies).
24. Educational work with convicts is carried out differentially taking into account the reasons and conditions, nature and degree of public danger of crime, social and moral deformation of the convict which is determined by duration and intensity of last criminal activities, recurrence of crimes, and also assessment of his behavior during serving sentence or other measure of criminal liability and the relation to work and (or) training. At the same time specific features are considered (age of the convict, floor, education, availability of family relations, social environment, conduct of life (behavior), the state of health, accommodation conditions).
25. The inspectorate will directly organize and holds educational events with convicts, plans and in coordination with the subjects interested and participating in carrying out educational work provides their participation. In necessary cases invites representatives of state bodies, the organizations, public associations, and also close relatives of the convict.
26. During educational work the staff of inspectorate:
26.1. have talks with convicts;
26.2. exercise control of behavior of convicts during serving sentence or other measure of criminal liability;
26.3. if necessary inform convicts on measures of social support and the services rendered to them by the state organizations of health care, bodies for work, employment and social protection, organizations of education and the territorial centers of social servicing of the population, public associations;
26.4. conduct trials on occasion of failure to carry out of the assigned obligations, non-compliance with conditions of testing, violation of procedure and conditions of serving of the punishments allowed by convicts;
26.5. will organize the actions necessary for goal achievement of educational impact.
27. The main forms of educational work with convicts are individual and group educational actions.
According to the procedure of interaction inspection has the right to involve in holding individual and group educational actions with convicts of staff of other divisions of Department of Internal Affairs, and also under approval of representatives of state bodies, organizations (specialists of bodies for work, employment and social protection, the territorial centers of social servicing of the population, the state organizations of health care) and public associations.
28. By results of studying of the copy of sentence (determination, the resolution) vessels, data on conduct of life of the convict and data characterizing it, and also in case of personal contact with it and his close relatives the staff of inspectorate plans concerning each convict the list of individual and (or) group educational actions according to requirements of this Instruction. The educational actions planned by the staff of inspectorate are reflected in plans of individual educational work.
Concerning each convict the main plan of individual educational work is constituted.
Concerning the convicts specified in Item 29 of this Instruction in addition to the basic the special plan of individual educational work which is implemented before elimination of the reasons which formed the basis of its creation is constituted.
By inspection depending on behavior of the convict and the relation to work and (or) training, obtaining during educational actions of new information about him the additional plan to the main and (or) special plan of individual educational work can be constituted.
Plans of individual educational work are signed by the chief of inspection or his deputy (the chief inspector in inspections where are not provided by the staff list of position of the chief of inspection and his deputy).
The employee of inspection shall acquaint the convict under the signature with the basic (additional to it) the plan of individual educational work. In case of refusal the convict from acquaintance and signing to make about it mark in respect of individual educational work.
With special (additional to it) the plan of individual educational work of the convict do not acquaint.
After filling the plan of individual educational work joins the personal record of the convict.
29. Under the organization and carrying out educational work inspection in first-priority procedure pays attention condemned, not studying or not working without valid excuse, not carrying out the assigned obligations and not complying testing conditions, allowing violations of procedure and conditions of serving sentence, public order, to the offenders more than once to imprisonment having chronic alcoholism, drug addiction or toxicomania.
30. Individual educational events are held by employees and civil personnel of inspection, the staff of other divisions of Department of Internal Affairs by means of personal contact with the convict. The specified actions can provide challenge of the convict in Department of Internal Affairs to be carried out on place of employment, studies and (or) residence of the convict.
31. With the convicts who are not specified in Item 29 of this Instruction, individual or group educational events are held at least once a quarter, and concerning these convicts living in the rural settlement – at least once a half-year.
In coordination with the heads of public institutions, organizations and public associations or persons fulfilling their duties, interested and participating in carrying out educational work with convicts, group educational events can be held in buildings of Department of Internal Affairs or other organizations or public associations.
32. Group or individual educational actions with the convicts specified in Item 29 of this Instruction are held at least once a month.
The frequency specified in part one of this Item does not extend to convicts to deprivation of the right to hold certain position or to be engaged in certain activities and convicts without assignment of punishment who do not study or do not work, but carry out the obligations assigned to them and testing comply with conditions, do not allow disorderly conduct, have no chronic alcoholism, drug addiction or toxicomania.
33. Under the organization and holding group educational actions inspection at least once a quarter constitutes the schedule in which reflects the place, date, carrying out time, scope of educational action and the list of participants from among the subjects interested and participating in carrying out educational work. The scope of group educational actions shall raise the questions of moral, legal and (or) labor education of convicts.
After approval of the schedule of group educational actions of the heads of public institutions, organizations and public associations or persons fulfilling their duties, interested and participating in carrying out educational work with convicts it affirms at the chief of the Department of Internal Affairs or person who is temporarily fulfilling its duties on position.
Date, time and the venue of group educational action for the motivated official report of the employee of inspection approved with the chief of Department of Internal Affairs or person who is temporarily fulfilling its duties on position can be transferred.
34. For holding educational actions convicts can be called according to the procedure, specified in Item 14 of this Instruction.
35. Following the results of the held educational event responsible for this direction of office activities of number of persons employed and civil personnel of inspection on each convict draws up the certificate of holding individual educational action for form according to appendix 4 or the certificate of participation in group educational action for form according to appendix 5, which joins the personal record of the convict.
Within 3 working days after the held group educational event the chief of inspection or his deputy (the chief inspector in inspections where are not provided by the staff list of position of the chief of inspection and his deputy) prepares addressed to the chief of Department of Internal Affairs the official report reflecting results of the held event, the information about participants from among the subjects interested and participating in carrying out educational work which places in the separate folder store together with the plan abstract of lecture material, and also lists of the convicts who participated in group educational action.
36. For the purpose of assessment of extent of correction of the convicts represented by inspection to parole from punishment or replacement of unexpired part of punishment with milder pinishment in Department of Internal Affairs the commission is created. The structure of the commission affirms the order of the chief of Department of Internal Affairs or person who is temporarily fulfilling its duties on position.
Commission session is held as required, but at least once a quarter. In the order of the chief of Department of Internal Affairs on creation of the commission and statement of its structure day of its meeting is determined.
Are part of the commission:
the chief of militia of public safety (further – MOB) either the deputy chief of MOB or the first deputy chief of Department of Internal Affairs where the position of the chief of MOB is not provided, or person who is temporarily fulfilling their duties on position – the commission chairman;
the chief of inspection or his deputy (the chief inspector in inspections where the position of the chief of inspection is not provided by the staff list) or person who is temporarily fulfilling their duties on position – the vice-chairman of the commission;
the heads of other divisions of Department of Internal Affairs or persons who are temporarily fulfilling them duties on position according to the decision of the chief of Department of Internal Affairs.
The prosecutor and representatives of the subjects interested and participating in carrying out educational work can be invited to commission session.
Convicts from among persons specified in Item 29 of this Instruction are called on commission session without fail.
37. Commission session is held and it is considered competent if at it there is at least a half from its numerical structure. The decision of the commission is made by a simple majority vote from total quantity of the members of the commission who are present at its meeting. The commission chairman votes the last.
In case of equal number of votes the decision for which the commission chairman voted is made.
38. On commission session inspection represents materials concerning convicts, the left part of term of punishment established by Articles 90 or 119, 91 or 120 Criminal codes of the Republic of Belarus. Inspection attaches to the materials represented on commission session personal records of convicts.
No later than 10 days before carrying out commission session inspection prepares the list of the convicts who are subject to consideration on commission session which affirms the commission chairman.
In the absence of the convicts specified in part one of this Item, the chief of inspection or his deputy (the chief inspector in inspections where the position of the chief of inspection is not provided by the staff list) or person who is temporarily fulfilling their duties on position a day before carrying out the planned commission session reports the official report on the chief of Department of Internal Affairs on inexpediency of its carrying out.
On commission session on each convict the employee of inspection responsible for representation of materials, or the vice-chairman of the commission reports information reflected in the reference characteristic of the convict and also other data necessary for decision making on assessment of extent of its correction.
Presence of the convicts considered on commission session is obligatory.
39. For refining of information characterizing the identity of the convict, his behavior, the relation to work and (or) training in term of imprisonment, the relation to committed act on elimination of effects of committed act, about recognition of fault in the committed crime and estimates of readiness to lead right obedient life, important for decision making, members of the commission and to the invited employee of inspection responsible for representation of materials, the employee of other divisions of Department of Internal Affairs interested having the right to ask questions and participating in carrying out educational work and the convict.
40. By results of carrying out commission session the decision in form according to appendix 6, which joins the personal record of the convict is drawn up. The decision is signed by all members of the commission who are present at meeting and appears to the convict under the signature directly on commission session.
In case of adoption by the commission of the decision on achievement by the convict of certain extent of correction and feasibility of representation of the convict to parole from punishment or replacement of unexpired part of punishment with milder pinishment inspection within 3 working days takes to court the corresponding representation. The inspectorate attaches to representation the personal record of the convict, information on attraction to the criminal and administrative responsibility, and also data on partial or full recovery of the damage (harm) caused by crime.
Firmly become on the way of correction can be recognized the convict if he positively is characterized at the place of residence, has no penalties for violation of procedure and conditions of serving sentence, honesty treats work, study, took all measures for compensation of the damage caused by crime depending on it, and also to elimination of property and (or) moral harm and its behavior demonstrates steady aspiration to right obedient behavior.
Proved the correction can be recognized the convict if according to the legislation he is considered not being exposed to administrative punishment and its behavior corresponds to the criteria specified in part three of this Item and demonstrates that at the convict readiness to lead right obedient life is created, at the same time he indemnified the loss caused by crime and also eliminated property and (or) moral harm.
In case of adoption by the commission of the decision on inexpediency of representation of the convict by inspectorate to parole from punishment or replacement of unexpired part of punishment with milder pinishment de novo review of materials on commission session concerning the convict shall be carried out not earlier than in one month, but no later than six months from the date of adoption of this decision.
Along with the announcement of the decision to the convict the recommendations submitted on fixing positive and correction of negative qualities of the personality, manual on further behavior of the convict are made.
40-1. The convict considered on commission session in case of disagreement with the made decision has the right to appeal to his chief Department of Internal Affairs in the place of execution of the punishment.
40-2. By results of consideration of the claim of the Department of Internal Affairs condemned by the chief one of the following decisions is accepted:
uphold the decision of the commission with the notification of the convict on the made decision;
send necessary documents for new trial of the commission, at the same time commission session shall be held no later than monthly term from the date of decision making on the direction of necessary documents for new trial.
41. For the purpose of rendering additional educational impact on convicts, and also for placement of information relating to the organization and carrying out educational work, indoors (building) where inspection is located the information stand (tablet) is drawn up. In headings of the stand (tablet) use of reducings is not allowed. The information stand (tablet) shall be located in close proximity to premises of inspectorate and contain the following blocks of up-to-date information:
rights and obligations of convicts;
types of the disciplinary measures applied to convicts, responsibility of convicts for evasion from serving sentence;
types of the applied measures of encouragement and the basis of their application;
the bases and procedure for representation of convicts to parole from punishment, replacement of unexpired part of punishment with milder pinishment;
the bases and procedure for excitement concerning the condemned criminal cases for evasion from serving sentence;
the bases for prolongation of term of delay of execution of the punishment, the direction of the convict for serving of the penalty imposed according to the court verdict in penal correction systems organizations;
surname, own name, middle name (if that is available) and special rank of staff of inspectorate, office numbers;
working hours of inspectorate;
the schedule of holding group educational actions with convicts, and also date and time of commission sessions;
information on the bodies rendering assistance in employment, organizations, giving help in overcoming alcoholic and drug addiction, organizations of education, other organizations which are granted the right to perform educational activities, including for the professional training, retraining and advanced training given to the public assistance and the social services provided by the territorial center of social servicing of the population;
other reference information at the discretion of inspection.
42. After registration the convict is called no later than 15 calendar days in inspection for explanation of procedure and conditions of serving sentence where with him the talk upon termination of which at the convict the subscription in form according to appendix 7, undertakes is had the certificate of the had talk in form according to appendix 8, which join its personal record is constituted. The direction for serving sentence in form according to appendix 9 is issued to the convict.
When finding the convict to social jobs in medical and labor dispensary its personal record goes to inspectorate for the location of medical and labor dispensary.
43. Having processed in accordance with the established procedure documents to the convict to social jobs, inspection within 3 working days after issue to the convict of the direction for serving sentence sends to administration of the organization for the place of serving sentence the copy of sentence (determination, the resolution) vessels, the notice in form according to appendix 10 and the sheet in form according to appendix 11.
In case of non receipt of confirmation from administration of the organization within 15 calendar days from the date of the direction of the copy of sentence (determination, the resolution) vessels and notices inspection takes measures for clarification of the reasons of the event.
44. Data on date and number of hours during which the convict served sentence in the form of social jobs are monthly entered by inspection in the accounting card of the convict based on originals of the sheets represented by administration of the organization where the convict serves sentence.
Originals of sheets are filed in correspondence case which is opened for one year, and in accounting cards of convicts the mark with reference to sequence number of the page, case and volume under which these documents are filed is made.
45. In case of identification of the fact of violation of procedure and conditions of serving sentence inspectorate selects at the allowed violation condemned explanation about the reasons or draws up the statement of refusal of the convict of written explanation. In the absence of reasonable excuses inspection issues the official warning of criminal liability in form according to appendix 12.
After the issued official warning inspection weekly monitors observance by the convict of procedure and conditions of serving sentence. In case, stipulated in Article 28 Penitentiary codes of the Republic of Belarus, inspection represents to criminal prosecution authority materials for initiation of legal proceedings under article 419 of the Criminal code of the Republic of Belarus.
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