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

of September 29, 2016 No. 7

About accomplishment of the resolution of the Plenum of the Supreme Court of the Republic of Belarus by courts of October 1, 2008 No. 7 "About court practice on cases on the crimes connected with road traffic offense or operation of vehicles (the Art. of Art. 317-318, 321 of UK)" and introduction in it of changes and amendments

Having considered materials of generalization of court practice on cases on the crimes connected with road traffic offense or operation of vehicles, the Plenum of the Supreme Court of the Republic of Belarus notes that as a result of the taken measures for increase in traffic safety the criminal record for these crimes significantly decreased. At the same time the correct and timely consideration by courts of cases on the crimes encroaching on traffic safety that is promoted substantially by the resolution of the Plenum of the Supreme Court of the Republic of Belarus No. 7 accepted on October 1, 2008 "About court practice on cases on the crimes connected with road traffic offense or operation of vehicles (the Art. of Art. 317-318, 321 of UK)" is important for increase in discipline of participants of traffic.

Results of studying and generalization of court practice show that courts consider the majority of cases of the specified category according to requirements of the legislation.

At the same time in work of the courts separate shortcomings take place.

Not in all cases courts create necessary conditions for clarification of circumstances of the road accident and not always open in sentence content of the road traffic offenses allowed by the person accused or operation of vehicles.

In case of assignment of punishment courts generally observe provisions of article 62 of the Criminal code of the Republic of Belarus, however on some cases do not consider sufficiently nature of the allowed violations, weight of the come effects and data on the identity of the guilty person.

The plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts to need of strict observance of the legislation and the explanations containing in the resolution of the Plenum of the Supreme Court of the Republic of Belarus of October 1, 2008 No. 7 "About court practice on cases on the crimes connected with road traffic offense or operation of vehicles (the Art. of Art. 317-318, 321 of UK)".

2. When carrying out legal proceedings courts should create necessary conditions for clarification of circumstances of the road accident, to establish and specify in sentence what road traffic offenses or operation of vehicles consist in causal relationship with the come effects.

3. To courts provide strictly individual approach to assignment of punishment and other measures of criminal liability to persons guilty of the crimes encroaching on traffic safety. Not allow application of unreasonably soft measures of punishment for the crimes connected with vehicle control in alcohol intoxication or in the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances.

4. Due to the change of the legislation to bring in the resolution of the Plenum of the Supreme Court of the Republic of Belarus of October 1, 2008 No. 7 "About court practice on cases on the crimes connected with road traffic offense or operation of vehicles (the Art. of Art. 317-318, 321 of UK)" (The national register of legal acts of the Republic of Belarus, 2008, No. 249, 6/710; 2010, No. 93, 6/858) following changes and amendments:

4.1. in Item 9 part one:

words "autotechnical expertize" and "autotechnical expertize" to replace respectively with words "judicial autotechnical expertize" and "judicial autotechnical expertize";

shall be replaced with words words of "criminalistic, judicial and trasological, materials research and other examinations" "judicial trasological examinations, judicial examinations of materials, substances and products";

4.2. the fourth Item 12 to add part with the second offer of the following content: "If the guilty person at the same time was in alcohol intoxication or in the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances the deeds are qualified by it according to the p. 5 of Art. 317 of UK.";

4.3. the second Item 14 to state part in the following edition:

"According to the p. 2 of Art. 3171 of UK qualifications of action of the guilty person by which day of making the criminal record was not extinguished or removed are subject or prescriptive limits of criminal prosecution for the previous crime provided by Art. 3171 of UK did not expire and also if person was not exempted for its making from criminal liability on other bases provided by the law.";

4.4. the second Item 15 and part the second Item 18 after the word "psychotropic" to add part with words "substances, their analogs";

4.5. in Item 16:

after the word "psychotropic" to add Item with words "substances, their analogs";

add Item with part two of the following content:

"If in actions of person there are essential elements of offense, UK provided by Art. 3171, and as a result of the allowed road traffic offenses or operation of vehicles came specified in Art. 317 or Art. 318 of UK of effect, the deeds should be qualified on set of Art. 3171 and the corresponding parts of Art. 317 or Art. 318 of UK.";

4.6. add the resolution with Item 19-1 of the following content:

"19-1. On cases on the crimes provided by Art. 3171 of UK, courts it is necessary to discuss in all cases question of special confiscation of the vehicle which was managed by the perpetrator, with obligatory specifying in sentence of motives of the made decision. Special confiscation is not subject to application only if in judicial session it will be determined that the vehicle was disposed from legal ownership of the owner (user) in spite of himself or as a result of illegal actions of other persons (for example, as a result of plunder or stealing).".

Chairman of the Supreme Court of the Republic of Belarus

V. O. Sukalo

Secretary Plenuma, judge of the Supreme Court of the Republic of Belarus

A. M. Pautov

 

 

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