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

of September 24, 2015 No. 10

About practice of application by courts of the legislation regulating rendering the international legal assistance on criminal cases

Having discussed results of studying and generalization of court practice, for the purpose of ensuring the correct and uniform application by courts of the legislation regulating rendering the international legal assistance on criminal cases, the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that the correct application of the legislation of the Republic of Belarus, including international treaties of the Republic of Belarus regulating rendering the international legal assistance on criminal cases is guarantee of protection of the rights and personal freedoms, provides inevitability of criminal liability, promotes increase in the authority and prestige of the state, strengthening and development of international cooperation.

2. It is necessary to consider that the international legal assistance on criminal cases is given according to international treaties of the Republic of Belarus, and in case of their absence - on the basis of the principle of reciprocity (article 2 of the Law of the Republic of Belarus of May 18, 2004 "About the international legal assistance on criminal cases" (The national register of legal acts of the Republic of Belarus, 2004, No. 87, 2/1033)).

In case of permission of the questions connected with rendering the international legal assistance based on international treaties of the Republic of Belarus, courts should check whether the foreign state which competent authority requested rendering legal assistance, the participant of the corresponding international treaty of the Republic of Belarus, the date of entry into force of the agreement for this foreign state, availability of clauses of the Republic of Belarus or foreign state to the international treaty is.

Established by the Section XV of the Code of penal procedure of the Republic of Belarus (further - the Code of Criminal Procedure) the procedure is applied when rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity, and also when rendering such help according to international treaties of the Republic of Belarus if in them other procedure (part 5 of article 1 Code of Criminal Procedure) is not determined.

3. Courts need to provide strict and timely execution of request (order) of body of foreign state for delivery of procedural and other documents on criminal cases (further - request for delivery of documents).

Execution of request for delivery of documents is performed by court according to the procedure, established by articles 497 and 498 Codes of Criminal Procedure if other is not provided by international treaties of the Republic of Belarus.

4. Courts should mean that procedural and other documents on criminal cases are handed the judge to person specified in request for delivery of documents about what the protocol without fail is constituted.

The procedural and other documents on criminal cases constituted in foreign language and which are not followed by translation in one of state languages of the Republic of Belarus are handed to the receiver only from its consent. In case of refusal persons to accept such documents the protocol with indication of the reason of non-execution of request for delivery of documents (part 3 of article 498 Code of Criminal Procedure) is constituted.

In the protocol the place, date and method of delivery of procedural and other documents, position, surname, name and middle name of person which handed them and also surname, name and middle name of the person who received documents or refused receipt of the procedural or other documents which do not have translation shall be specified.

The protocol is signed by person who handed documents and their receiver, sealed official court to which execution of request for delivery of documents is entrusted.

Creation of the protocol is not required, if in time, determined for execution of request to hand procedural and other documents it was not submitted possible in connection with not establishment of the location of person to which they shall be handed, or on other reasonable excuses (for example, death or serious illness of person).

5. It is necessary to consider that requests of courts of the Republic of Belarus for rendering the international legal assistance on the criminal cases which are in their production go to foreign state through bodies of the Republic of Belarus, competent to make decisions concerning rendering such help, according to the procedure, provided by international treaties of the Republic of Belarus, and in case of lack of the international treaty - according to the procedure, the Code of Criminal Procedure established by Chapters 52 and 53.

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