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Article 43. Conditional Sentencing
If prescribing punishment in the form of deprivation of
freedom or corrective labour the court, taking in consideration
the circumstances of the case and the personality of the convict,
comes to the conclusion on the inexpediency of the service by the
culprit of the sentence prescribed, then the court may decide not
to enforce the sentence in relation to the convict with the
compulsory specification in the sentence of the motives for the
conventional sentencing. In this case the court shall pass a
judgment not to enforce the sentence if within the period of
probation fixed by the court the convict does not commit another
crime and justifies this trust through exemplary behaviour and
honest labour. Control over the behaviour of persons sentenced
conditionally shall be exercised by bodies of internal affairs,
while in relation to persons under legal age - also by
commissions on the affairs of persons under legal age set up at
executive committees of regional, town, town-district Soviets of
People's Deputies* in accordance with the legislation.
The period of probation shall be assigned by the court with
the duration of one to five years.
In case of conditional sentencing, additional punishments
may be meted out with the exception of cases of property
confiscation.
Considering the circumstances of the case, the personality
of the culprit as well as appeals by public organizations or the
labour collective at the place of work of the culprit on his
conditional sentencing, the court may hand over the person
sentenced conditionally to such organizations or the collective
for correction and reformation. If such appeal has not been
submitted, the court may impose on the definite labour collective
or the person, with their consent, the duty of supervision over
the person sentenced conditionally and the carrying on
educational work.
On appeal of a public organization or the labour collective
charged to supervise over the person sentenced conditionally the
court may reduce the period of probation set in the sentence. The
issue on the reduction of the period of probation may be raised
on expiration of not less than half of this period.
In case the person who has been sentenced conditionally
systematically violates during his period of probation the public
order which incurred the application of administrative punishment
measures or public influence measures, the court may make a
decision on the cancellation of the conditional sentence and on
sending the convict for serving the punishment prescribed in the
sentence; this shall be made on the request of a body of internal
affairs or, in respect of a person under legal age, of a
commission on the affairs of persons under legal age at the
executive committees of the regional, town, town-district Soviets
of People's Deputies*.
If the person sentenced conditionally who has been handed
over for reformation and correction to a public organization or
the labour collective has not justified their trust, violated the
promise to prove his correction through exemplary behaviour and
honest labour or has left the labour collective with the aim of
evasion of public influence, then on the request of the public
organization or the labour collective the court may make a
definition on the cancellation of the conditional sentence and on
sending the convict to serve the punishment prescribed in the
sentence.
If the person sentenced conditionally has committed a new
crime during the period of probation, the court shall prescribe
to him a punishment according to the rules envisaged in Article
40 of this Code.
-----------------
* In accordance with the Constitution of the Republic of
Belarus entered into force as of March 30, 1994 the local
representative powers shall be named "local Soviets of Deputies".
Article 44. Postponement of the Execution of the Sentence
Given to a Serviceman or a Reservist at War Time
At war time the execution of a sentence with the deprivation
of freedom given in respect to a serviceman or a reservist liable
to call or mobilization may be postponed by the court till the
end of war actions with the convict being sent to the regular
army. In such cases the court may also postpone the execution of
additional punishments.
If the convict sent to the regular army shows himself as a
staunch defender of the motherland, then on request of the
relevant military commandment the court may free him from
punishment or substitute the punishment by another milder
punishment.
If the person in respect of whom the execution of the
sentence has been postponed commits a new crime, the court shall
add to the new punishment the previous punishment according to
the rules envisaged in Article 40 of this Code.
Article 441. Postponement of the Execution of the Sentence
When a sentence if pronounced on a person who is to
sentenced for the first time to deprivation of freedom for a
period of up to three years, the court may take into
consideration the nature and the degree of social danger of the
crime committed, the personality of the guilty person and other
circumstances of the case as well as the possibility of his
correction and reformation without isolation from the society and
may postpone the execution of the sentence in respect of this
person for a period of one to two years. In such cases, the court
may also postpone the execution of additional punishments.
Execution of the sentence may not be postponed in respect to
the persons enumerated in paragraphs 1 and 2 of part three of
Article 231 of this Code.
When deciding to postpone the enforcement of the sentence
the court may give the convict a definite period of time to undo
the damage inflicted, find a job or take a course of studies,
make him not change the place of residence without the consent of
the bodies of internal affairs, notify these bodies of a change
of place of work or studies, arrive periodically to the body of
internal affairs for registration. The court may oblige the
convict not to visit definite places, not to leave the place of
permanent residence without a notification of the body of
internal affairs, to undergo a course of treatment in case of
abuse of alcoholic beverages provided the imposition of such
duties can facilitate the correction and reformation of the
convict. The court may also charge the definite labour collective
or a person, on their consent, to exercise supervision over the
convict and perform educational and reforming work in relation to
him.
Control of the behaviour of convicts in relation to whom the
execution of the sentence with the deprivation of freedom has
been postponed shall be exercised by bodies of internal affairs
or, in relation to persons under legal age, also by commissions
on the affairs of persons under legal age at the executive
committees of regional, town, town-district Soviets of People's
Deputies* in compliance with the legislation.
If the convict the enforcement of whose sentence with
deprivation of freedom has been postponed fails to discharge the
duties the court imposed on him or commits a breach of public
order or labour discipline which entailed the application of
measures of administrative or disciplinary punishment or of
public influence, then on the recommendation of the body of
internal affairs, the commission on the affairs of persons under
legal age at the executive committees of regional, town,
town-district Soviets of People's Deputies or the labour
collective charged to exercise supervision over the convict and
the performance of reforming work in relation to him, the court
may rule on reversing the postponement of the enforcement of the
sentence with the deprivation of freedom and on sending the
convict for serving the deprivation of freedom as prescribed in
the sentence.
On expiration of the term of postponement of the enforcement
of the sentence, the court shall, on recommendation of the body
exercising supervision over the behaviour of the convict and
depending on the attitude of the convict to labour or studies,
his behaviour during the period of postponement of the execution
of the sentence established by the court, make a ruling on
freeing the convict from the punishment or on sending the convict
for serving the deprivation of freedom as prescribed in the
sentence.
Should the convict commit another crime while the
enforcement of the sentence is postponed, the court shall add to
the new punishment the previously meted out punishment according
to the rules envisaged in Article 40 of this Code.
-----------------
* In accordance with the Constitution of the Republic of
Belarus entered into force as of March 30, 1994 the local
representative powers shall be named "local Soviets of Deputies".
Article 45. Counting the Stretch of Detention on Remand
The detention on remand shall be included by the court into
the term of punishment; in case of a sentence with deprivation of
freedom or sending to a disciplinary battalion this detention on
remand shall be counted as a day for a day while in case of
corrective labour - a day for three days.
When prescribing other measures the court may, taking into
account the detention on remand, make a respective mitigation of
the punishment prescribed by the court or exempt the convict from
the punishment altogether.
Article 451. Counting the Stretch in Custody
The term kept in custody for a person sentenced to
deprivation of freedom with the compulsory attraction to labour
shall be included into the term of the punishment prescribed by
the sentence of the court on a day-for-day basis.
Article 46. Expiration of Prescription of Criminal Liability
No person cannot be brought to criminal liability when the
following terms have expired as of the date the crime was
committed by him:
1) one year as of the date the crime was committed for which
the law may prescribe the punishment which is not more severe
than corrective labour or a sending to a disciplinary battalion;
2) three years as of the date the crime was committed for
which the law may prescribe deprivation of freedom for a term of
not more than two years;
3) five years as of the date the crime was committed for
which the law may prescribe deprivation of freedom for a term in
excess of five years;
4) ten years as of the date the crime was committed for
which the law may prescribe a more severe punishment than a
deprivation of freedom for a term of five years.
The prescription term shall be interrupted if, before the
expiration of the term specified in the law, the person commits a
new crime for which the law may envisage a deprivation of freedom
for a period of over two years. In this case, the term of
prescription shall be counted as of the time the new crime is
committed.
The stretch of prescription shall be suspended if a person
who has committed a crime goes into hiding to avoid investigation
or does not appear in court. In such cases the stretch of
prescription shall be resumed as of the time the person is
detained or gives himself up. In such case the person may not be
brought to criminal responsibility if fifteen years have passed
since the time the crime was committed and the term of
prescription has not been interrupted by another crime committed.
The issue of application of the term of prescription to a
person who has committed a crime that may be punished by the law
by death penalty shall be considered by the court. If the court
does not find it possible to apply the term of prescription, the
death penalty cannot not be applied and shall be substituted by a
deprivation of freedom.
Article 47. Expiration of Prescription of the Sentence
The sentence shall not be executed if it has not been
executed within the following terms as of the date the sentence
entered into legal force:
1) one year - when a person is sentenced to punishment that
is not more severe than corrective labour or a sending to a
disciplinary battalion;
2) three years - when a person is sentenced to a deprivation
of freedom for a period of not more than two years;
3) five years- when a person is sentenced to a deprivation
of freedom for a period of not more than five years;
4) ten years - when a person is sentenced to punishment that
is more severe than a deprivation of freedom for a period of five
years.
The term of prescription shall be discontinued if the
convict evades of serving the punishment or committed, before the
expiration of the term, a new crime for which the courts
prescribes a punishment represented by the deprivation of freedom
for a period of not less than one year. The counting of the term
of prescription in case of a new crime shall begin from the time
the crime is committed while in case of an evasion of the service
of punishment - from the time the convict arrives to serve the
punishment or from the time the convict who is in hiding is
detained. This being the case, the sentence cannot be executed if
fifteen years have passed since the time the crime was committed
and the term of prescription has not been interrupted by another
crime committed.
The issue of application of the term of prescription to a
person who has been sentenced to death penalty shall be
considered by the court. If the court does not find it possible
to apply the term of prescription, the death penalty cannot not
be applied and shall be substituted by a deprivation of freedom.
Article 48. Exemption from Criminal Liability and Punishment
A person who has committed an action containing signs of a
crime may be exempted from criminal liability if it is recognized
that by the time the case is investigated or considered by court
due to a change of the situation the actions committed by the
person has lost the nature of a socially dangerous action or if
this person has ceased to be socially dangerous.
A person who has committed a crime may be exempted from
punishment by the decision of the court if it is recognized that
by force of the subsequent flawless behaviour and honest attitude
to labour this person cannot be considered as socially dangerous
at the time the case is to be considered by the court.
A person who has committed an action containing signs of a
crime that does not pose a great social danger may be exempted
from criminal liability if it is recognized that his correction
and reformation is possible without an application of the
criminal punishment. In this case one of the following decisions
may be taken:
1) excluded;
2) on handing over the materials of the case to be
considered by a court of colleagues at the place of work (Article
49);
3) on handing over the materials of the case for the
consideration by a commission on the affairs of persons under
legal age;
4) excluded.
Article 481. Excluded.
Article 49. Exemption from Criminal Liability with the
Transfer of the Case to the Court of Colleagues
at the Place of Work
A person may be exempted from criminal liability and the
case may be transferred for consideration by the court of
colleagues at the place of work if the person has committed for
the first time an action in respect to which, according to this
Code, social measures may be applied or another action containing
signs of a crime which poses no great social danger if the nature
of the committed action and the personality of this person are
such that this person can be reformed and corrected without
applying a punishment but using measures of social effect.
Article 50. Excluded
Article 51. Exemption from Punishment Ahead of Time on
Conditions and Substitution of the Punishment by
a Milder Punishment
Exemption from punishment ahead of time on certain
conditions or substitution of the unserved part of the punishment
by a milder punishment may be applied in respect to persons who
have been sentenced to the deprivation of freedom, persons who
have been sentenced to the deprivation freedom with the
compulsory attraction to labour, corrective labour or the sending
to a disciplinary battalion, as well as to persons freed
conditionally from the places of deprivation of freedom with the
compulsory attraction to labour in accordance with Article 512 of
this Code, except persons enumerated in Article 511 of this Code.
Exemption from punishment ahead of time on certain condition
or substitution of the unserved part of the punishment by a
milder punishment may be applied to the convict only if he has
proved his correction through exemplary behaviour and honest
attitude to work.
Exemption from punishment ahead of time on certain condition
or substitution of the unserved part of the punishment by a
milder punishment shall be applied by the court at the place
where the convict serves the sentence on a joint recommendation
of the body which administers the execution of the punishment and
the supervision commission at the executive committee of the
Soviet of People's Deputies*, while in relation to persons who
have been sentenced to the deprivation of freedom conditionally
with the compulsory attraction to the labour and persons who have
been freed conditionally from the place where they served their
punishment with the compulsory attraction to labour - also on a
joint recommendation by the administration and public
organizations at the place of work of the convict, or in relation
to the person serving his sentence in a disciplinary battalion -
on recommendation by the commandment of the disciplinary
battalion.
Exemption from punishment ahead of time on certain condition
or substitution of the unserved part of the punishment by a
milder punishment may be applied after the convict has actually
served not less than half of the term of punishment prescribed to
him.
In respect to persons:
1) who have been sentenced for deliberate crimes to the
deprivation of freedom for a period of over three years;
2) who have served before a punishment at the place of
deprivation of freedom for a deliberate crime and who have
committed, before the cancellation or quashing of the conviction,
a new deliberate crime for which they have been sentenced to the
deprivation of freedom;
3) who during their service of punishment at the place of
deprivation of freedom have committed a deliberate crime for
which they have been sentenced to deprivation of freedom, - the
exemption from punishment conditionally and ahead of time or
substitution of the unserved part of the punishment by a milder
punishment may be applied after they have actually served not
less than two thirds of the prescribed term of punishment.
In respect to persons who have been convicted for forgery or
sale of counterfeited money or securities in aggravating
circumstances (Article 84, part two)** violation of the rules of
operations with precious metals and stones in aggravating
circumstances (Article 85, parts two and three); stealing of
property in especially grand amounts (Article 911) except the
same committed by way of robbery; rape committed by a group of
persons or a rape on a female under legal age (Article 155, part
three); receiving, giving of a bribe or intermediation in bribery
in aggravating circumstances (Articles 169, parts two and three;
1691, part two, 170, part two); stealing of radioactive materials
(Article 2112); making, acquisition, keeping, transportation,
dispatch with the purpose of sale or sale of narcotic substances
in aggravating circumstances (Article 2191, part two); stealing
of narcotic substances in aggravating circumstances, except that
committed by robbery, no less than committed in grand amounts
(Article 2192, part two) -
the exemption from punishment ahead of time on condition or
substitution of the unserved part of the punishment by a milder
punishment may be applied after they have actually served not
less than three fourths of the prescribed term of punishment.
In case of the exemption from punishment ahead of time on
condition or substitution of the unserved part of the punishment
by a milder punishment the convict may be also exempted from the
additional punishment represented by the deprivation of the right
to hold definite posts or to be engaged in definite kinds of
activities.
When the unserved part of the deprivation of freedom is
substituted by corrective labour such labour shall be prescribed
for a term established by the law for this type of punishment and
must not exceed the unserved part of the deprivation of freedom.
When applying the exemption from punishment ahead of time on
condition or substitution of the unserved part of the punishment
by a milder punishment the court may impose on the definite
labour collective, with its consent, the responsibility for the
supervision over the person conditionally exempted ahead of time
during the unserved part of the term of punishment prescribed by
the court or over the person in respect to which the unserved
part of the punishment has been substituted by a milder
punishment, as well as over the execution of educational and
reformatory work in relation to such person.
If the person in respect to which a conditional exemption
ahead of time has been applied has committed a new crime during
the unserved part of the punishment, the court shall prescribe to
him the punishment according to the rules envisaged in Article 40
of this Code.
-------------------
* In accordance with the Constitution of the Republic of
Belarus entered into force as of March 30, 1994 the local
representative powers shall be named "local Soviets of Deputies".
** The name of Article 84 of this Code has the following
wording "Making, Keeping or Sale of Counterfeited Money or
Securities" (Law of the Republic of Belarus of June 15, 1993 -
Records of the Supreme Soviet of the Republic of Belarus, 1993, N
22, p. 278).
Article 511. Non-use of Exemption from Punishment Ahead of
Time on Conditions and of Substitution of the Punishment by a
Milder Punishment
Exemption from punishment ahead of time on certain condition
or substitution of the unserved part of the punishment by a
milder punishment may not be applied to:
1) a special dangerous recidivist;
2) a person who has been convicted for a special dangerous
state crime (Articles 61-70)*;
3) persons who have been convicted for banditry (Article
74); actions that disorganize the work of corrective labour
institutions (Article 741); robbery (Article 89, part two);
stealing of property in especially grand amounts (Article 911)
committed by robbery; killing by will (Articles 100, 101 and 229,
paragraph "c") except the killing in excess of the limits of the
necessary defense or in a state of strong mental emotions;
deliberate severe bodily injury in aggravating circumstances
(Article 106, art two); rape which has entailed especially grave
consequences, no less than a rape of a female under fourteen
(Article 115, part four); taking of hostages (Article 1241);
encroachment upon the life of a militiaman, people's guard,
serviceman or another person, no less than encroachment upon the
life of their close relations (Article 1891); especially
persistent hooliganism (Article 201, art three); hijacking of a
aircraft (Article 2082); stealing of fire-arms, ammunition or
explosives committed by a robbery assault (Article 2131, part
three); stealing of narcotic substances committed by way of a
robbery assault, or in grand amounts (Article 2192, part three);
4) a person in respect to which a punishment represented by
death penalty has been substituted by the deprivation of freedom
as a result of pardon or amnesty;
5) a person who has been convicted before more than two time
for deliberate crimes if the conviction for the previous crime
has not been canceled or quashed in the manner specified by the
law;
6) a person who has been previously freed from the place of
deprivation of freedom before the full service of the
court-prescribed term of punishment ahead of time on conditions
or conditionally with the compulsory attraction to labour but who
has committed a new crime during the unserved part of the
punishment of the term of compulsory labour.
--------------
Articles 66 and 70 have been excluded from this Code (Law of
the Republic of Belarus of March 1, 1994 - Records of the Supreme
Soviet of the Republic of Belarus, 1994, N 12, p. 176).
Article 512. Conditional Freeing from the Place of
Deprivation of Freedom with the Compulsory Attraction
of the Convict to Labour
Conditional freeing from the place of deprivation of freedom
with the compulsory attraction of the convict to labour at the
places defined by the bodies administering the execution of the
sentence.
Conditional freeing from the place of deprivation of freedom
with the compulsory attraction of the convict to labour may be
applied to:
1) persons who have been sentenced for a term of up to ten
years inclusive after they have actually served not less than one
third of the prescribed term of punishment;
2) persons who have been sentenced for a term over ten years
after they have actually served not less than half of the
prescribed term of punishment;
3) persons who have been sentenced for crimes enumerated in
part six of Article 51 of this Code, after they have actually
served not less than two thirds of the prescribed term of
punishment.
Conditional freeing from the place of deprivation of freedom
with the compulsory attraction of the convict to labour shall be
applied by the court at the place where the convict serves his
punishment on a joint recommendation by the body administering
the execution of the punishment and the supervising commission of
the local Soviet of People's Deputies* provided the convict has
undertaken an obligation to prove his correction through
exemplary behaviour and honest attitude to labour.
Conditional freeing from the place of deprivation of freedom
with the compulsory attraction of the convict to labour shall not
be applied to:
1) persons enumerated in paragraphs 2 and 3 of part three of
Article 231 of this Code;
2) persons enumerated in Article 511 of this Code;
3) persons who systematically or willfully violate the
requirements of the punishment service conditions.
If a person who has been freed conditionally evades of
labour or systematically or willfully violates labour discipline,
public order or the rules of residence established for him, he
shall be sent by a ruling of the court to serve the deprivation
of freedom prescribed by the sentence. In this case, the time of
evasion of labour shall not be included into the term of
punishment service, while the time of work of the person freed
conditionally may be included by the court either partially or
wholly into the term of punishment service on a day-for-day
basis.
If a person who has been freed conditionally has committed a
new crime during the term of compulsory labour, the court shall
prescribe him a punishment according to the rules envisaged in
Article 40 of this Code.
---------------------
* In accordance with the Constitution of the Republic of
Belarus entered into force as of March 30, 1994 the local
representative powers shall be named "local Soviets of Deputies".
Article 52. Conditional Exemption from Punishment Ahead of
Time and Substitution of Punishment by a Milder
Punishment in Respect to Persons Who Have Committed a
Crime Under Eighteen
Conditional exemption from punishment ahead of time or
substitution of the unserved part of the punishment by a milder
punishment may be applied to persons who have been convicted for
the deprivation of freedom or corrective labour for crimes
committed under the age of eighteen.
Conditional exemption from punishment ahead of time or
substitution of the unserved part of the punishment by a milder
punishment may be applied to a person convicted for a crime
committed at the age of under eighteen only if this person has
proved his correction through exemplary behaviour and honest
attitude to labour and studies.
Conditional exemption from punishment ahead of time or
substitution of the unserved part of the punishment by a milder
punishment shall be applied by the court at the place where the
convict serves the sentence on a joint recommendation of the body
which administers the execution of the punishment and the
commission on the affairs of persons under legal age at the
executive committee of the Soviet of People's Deputies*.
Conditional exemption from punishment ahead of time or
substitution of the unserved part of the punishment by a milder
punishment may be applied to convicts who have been sentenced for
a crime committed at the age of under eighteen after they have
actually served not less than one third of the prescribed term of
punishment.
In respect to persons:
1) who have been sentenced to the deprivation of freedom for
a period of not less than five years for a deliberate crime
committed under the age of eighteen;
2) who have served before a punishment at the place of
deprivation of freedom for a deliberate crime and who have
committed, before the cancellation or quashing of the conviction,
a new deliberate crime at the age under eighteen for which they
have been sentenced to the deprivation of freedom;
3) who during their service of punishment at the place of
deprivation of freedom have committed, at the age under eighteen,
a deliberate crime for which they have been sentenced to
deprivation of freedom, - the conditional exemption from
punishment ahead of time or substitution of the unserved part of
the punishment by a milder punishment may be applied after they
have actually served not less than half of the prescribed term of
punishment.
In respect to persons:
1) who have been previously sentenced to the deprivation of
freedom for a deliberate crime and in relation to whom
conditional exemption from punishment ahead of time or
substitution of the unserved part of the punishment by a milder
punishment have applied, if such persons, when they have reached
the age of eighteen but before they have served the unserved part
of their punishment, have committed a deliberate crime for which
they have been sentenced to the deprivation of freedom;
2) who have been convicted for the following types of crimes
committed at the age under eighteen: banditry (Article 74);
robbery in aggravating circumstances (Article 89); killing by
will in aggravating circumstances (Article 100); rape committed
by a group of persons or a rape of a female, or a rape which has
entailed especially grave consequences, no less than a rape of a
female under fourteen (Article 115, parts three and four); taking
of hostages (Article 1241); encroachment upon the life of a
militiaman, people's guard, serviceman or another person, no less
than encroachment upon the life of their close relations (Article
1891); especially persistent hooliganism (Article 201, art
three); hijacking of an aircraft (Article 2082); stealing of
radioactive materials (Article 2082); stealing of fire-arms,
ammunition or explosives committed by a robbery assault (Article
2131, part three) -
the conditional exemption from punishment ahead of time or
substitution of the unserved part of the punishment by a milder
punishment may be applied after they have actually served not
less than two thirds of the prescribed term of punishment.
When the unserved part of the deprivation of freedom is
substituted by corrective labour such labour shall be prescribed
for a term established by the law for this type of punishment and
must not exceed the unserved part of the deprivation of freedom.
When applying the conditional exemption from punishment
ahead of time or substitution of the unserved part of the
punishment by a milder punishment the court may impose on the
definite labour collective, with its consent, the responsibility
for the supervision over the person conditionally exempted ahead
of time during the unserved part of the term of punishment
prescribed by the court or over the person in respect to which
the unserved part of the punishment has been substituted by a
milder punishment, as well as over the execution of educational
and reformatory work in relation to such person.
If a person in respect to whom under the age of eighteen a
conditional exemption ahead of time has been applied has
committed a new crime during the unserved part of the punishment,
the court shall prescribe to him the punishment according to the
rules envisaged in Article 40 of this Code.
-----------------
* In accordance with the Constitution of the Republic of
Belarus entered into force as of March 30, 1994 the local
representative powers shall be named "local Soviets of Deputies".
Article 53. Freeing from the Service of Punishment
Freeing of the convict from the service of punishment as
well as a mitigation of the prescribed punishment, except freeing
from punishment or mitigation of punishment because of amnesty or
pardon may be applied by the court only in the cases and in the
manner specified in the law.
Article 54. Cancellation of Conviction
The following persons shall be recognized as persons having
no conviction:
1) persons who have been exempted from punishment on the
basis of Articles 47 and 48 of this Code;
2) persons who have served punishment at a disciplinary
battalion or who have been freed from it, as well as servicemen
who have served punishment represented by the stay in a guard
house instead of corrective labour;
2.1) excluded;
3) persons who have been convicted conditionally if during
the period of probation they do not commit a new crime and if
during the specified period the conditional conviction in
relation to such persons will not be canceled on other reasons
envisaged by the law;
3.1) persons who have been convicted conditionally to the
deprivation of freedom with the compulsory attraction to labour,
if during the period of compulsory attraction to labour they do
not commit a new crime or are not sent to the places of
deprivation of freedom for serving their punishment on the
reasons envisaged by the law;
3.2) persons who have been convicted to the deprivation of
freedom with the application of Article 441 of this Code, if
during the period of postponement of the sentence execution they
do not commit a new crime and the sentence in relation to them is
not executed in the specified manner;
4) persons who have been sentenced to a public censure,
dismissal from the post, a fine deprivation of the right to hold
definite posts or be engaged in definite activity or to
corrective labour, provided that during one year as of the day
the punishment was served they do not commit a new crime;
5) persons who have been sentenced to deprivation of freedom
for a term of not more than three years, provided that during
three years as of the day they served their punishment (basic and
additional) they do not commit a new crime;
6) persons who have been sentenced to deprivation of freedom
for a term of more than three years, but not more than six years,
provided that during five years as of the day they served their
punishment (basic and additional) they do not commit a new crime;
7) persons who have been sentenced to deprivation of freedom
for a term of more than six years, but not more than ten years,
provided that during eight years as of the day they served their
punishment (basic and additional) they do not commit a new crime;
8) persons who have been sentenced to deprivation of freedom
for a term of more than ten years and special dangerous
recidivists provided that during eight years as of the day they
served their punishment (basic and additional) they do not commit
a new crime and provided also that the court finds out that the
convict has been corrected and that no need is left to consider
this person as having a conviction.
If the person sentenced to the deprivation of freedom, after
he has served his punishment, has proved his correction through
exemplary labour and honest attitude to labour, then on
recommendations by public organizations the court may cancel his
conviction before the expiration of the terms specified in this
Article.
If a person has been freed from punishment ahead of time in
the manner specified by the law, then the conviction cancellation
term shall be counted proceeding from the actually serviced
punishment as of the time of freeing from the service of the
punishment (basic and additional). If the punishment has been
substituted by a milder one the actually served term of
punishment shall be counted according to the rules envisaged in
Article 45 of this Code.
If a person who has served his punishment commits a new
crime before the expiration of the conviction cancellation term,
the term canceling the conviction shall be discontinued. The term
of cancellation of the conviction for the first crime shall be
counted anew after the actual service of punishment (basic and
additional) for the last crime. In such cases, the person shall
be considered as convicted for both crimes before the expiration
of the term of cancellation of the conviction for the gravest of
them.
Chapter 5. ON COMPULSORY MEASURES OF MEDICAL AND
EDUCATIONAL NATURE
Article 55. Application of Compulsory Medical Measures to
Mentally Deranged Persons
In relation to persons who have committed socially dangerous
action in the state of insanity or who have committed such
actions in the state of sanity but who have, before the
declaration of the sentence or during the service of the
punishment, fallen ill with a mental disease which deprives them
of possibility to be aware of their actions or control their
actions, the court may apply the following compulsory medical
measures to be executed by medical establishments of the health
authorities:
1) placement to a psychiatric hospital with an ordinary
supervision;
2) placement to a psychiatric hospital with an increased
supervision;
3) placement to a psychiatric hospital with a strict
supervision.
Article 56. Placement to a Psychiatric Hospital
Placement to a psychiatric hospital with an ordinary
supervision may be used by the court in relation to a mentally
deranged person who needs clinical keeping and treatment in a
compulsory manner by his psychic condition and the nature of the
socially dangerous action committed by him.
Placement to a psychiatric hospital with an increased
supervision may be used by the court in relation to mentally
deranged person who has committed a socially dangerous action
that is not connected with the encroachment on the life of
citizens and who, by his psychic condition, poses no threat to
other people, but who needs clinical keeping and treatment in
conditions of increased supervision.
Placement to a psychiatric hospital with a strict
supervision may be used by the court in relation to a mentally
deranged person who is dangerous for the society and needs
clinical keeping and treatment in conditions of a strict
supervision by his psychic condition and the nature of the
socially dangerous action committed by him.
Persons placed to psychiatric hospitals with an increased or
strict supervision shall be kept in conditions which exclude
possibility of their committing a new socially dangerous crime.
Article 57. Prescription, Alteration and Discontinuance of
Compulsory Medical Measures in Relation to Mentally
Deranged Persons
The court, having recognized it necessary to prescribe a
compulsory medical measure, shall select its kind depending on
the mental disease of the person, the nature and degree of social
danger of the action committed by the person.
Discontinuance of compulsory medical measures shall be
effected by the court on the conclusion made by the medical
institution in case of the healing of the person or of such an
alteration of the disease which makes the application of such
measures unnecessary.
An alteration of the kind of the compulsory medical measure
shall also be effected by the court on the conclusion of the
medical establishment.
If the court does not consider it necessary to apply to the
mentally deranged person compulsory medical measures no less than
in the case when such measures are discontinued, the court may
hand him over to the guardianship of relations or guardians with
the compulsory medical supervision.
Article 58. Counting of the Period of Application of
Compulsory Medical Measures
The court may apply a punishment in relation to a person who
has, after the committing of the crime or during the service of
the punishment, fallen ill with a mental disease depriving him of
possibility to be aware of or control his actions, when this
person has been cured, provided that the term of prescription has
not expired or that no other grounds exist to exempt him from
criminal liability or punishment.
If punishment is applied to such person after he has been
cured, then the time during which compulsory medical measures
have been applied shall be included into the term of punishment
according to the rules of Article 45 of this Code.
Article 59. Medical Measures Applicable to Chronic
Alcoholics and Narcomaniacs Who Have Committed a Crime
If a person who is a chronic alcoholic or a narcomaniac has
committed a crime, the court may apply to such person a
compulsory treatment in a corrective-labour establishment along
with the punishment for the committed crime.
The above persons sentenced to measures of punishment that
are not connected with the deprivation of freedom shall be sent
to a preventive labour-and-treatment establishment.
In case of crime committed by a person who abuse alcoholic
beverages thus putting his family into a heavy material situation
the court shall, along with the application of he punishment,
have every right to make a ruling on taking this person into
guardianship if such has been asked for by a public organization,
the labour collective or the court of colleagues at the place of
work.
Article 60. Compulsory Educational Measures Applicable in
Relation to Persons Under Legal Age
If in accordance with part three of Article 10 of this Code
the court finds it expedient not to apply a criminal punishment
to a person under legal age who has committed a crime, the court
may prescribe the following educational measures:
1) to oblige this person to apologize to the sufferer in a
public or another manner;
2) to oblige the person under legal age if he has reached
the age of fifteen to reimburse the inflicted damage if the
person under legal age has his own remuneration and the amount of
the damage does not exceed the minimum salary, or oblige him to
undo the inflicted material damage with his own labour if this
damage does not exceed the minimum salary;
3) to transfer the person under legal age under a strict
control of his parents or persons substituting them;
4) to transfer the person under legal age on bail or for
control of the labour collective or a public organization;
5) to place the person into a special educational and
reforming establishment.
The term, procedure and conditions of stay of persons under
legal age in special educational and reforming establishments
shall be defined by the regulation on the commissions on the
affairs of persons under legal age.
SPECIAL PART
Chapter 6. CRIMES AGAINST THE STATE
Article 61. High Treason
High treason, that is, an action deliberately committed by
the citizen of the Republic of Belarus to the detriment of the
external security of the Republic of Belarus, its sovereignty,
territorial integrity, defence capacity: a disclosure of a state
or military secret to a foreign state, espionage, defection to
the enemy at war time or during an armed conflict, giving help to
a foreign state in carrying on belligerent activities against the
Republic of Belarus by committing special dangerous crimes
against the State on instructions of authorities or
representatives of a foreign state, -
shall be punished by the deprivation of freedom for a term
of ten to fifteen years with or without the confiscation of
property, or by a death penalty with or without the confiscation
of property. A citizen of the Republic of Belarus recruited by a
foreign intelligence service for the purpose of carrying on
belligerent activities against the Republic of Belarus shall be
exempted from criminal liability if he has not committed any
actions for the execution of the criminal task given to him and
has voluntarily informed the bodies of power of his connection
with the foreign intelligent service.
Article 611. Plot with a View to Seize the State Power
A plot with a view to seize the state power by an
unconstitutional way:
shall be punishable with the deprivation of freedom for term
of eight to twelve years with or without the confiscation of
property.
Seizure of the state power by an unconstitutional way -
shall be punishable with the deprivation of freedom for a
term of ten to fifteen years with or without the confiscation of
property.
Actions envisaged in parts one or two of the present Article
if the have entailed death of the people -
shall be punishable with the deprivation of freedom for a
term of twelve to fifteen years with or without the confiscation
of property or a death penalty with or without the confiscation
of property.
The participant of a plot shall be exempted from
responsibility envisaged in part one of the present Article if he
has reported in time and voluntarily about the crime being
prepared to the bodies of power and actively facilitated to its
disclosure.
Article 62. Espionage
Transfer, stealing or collection with the view to transfer
to a foreign state, foreign organization or their agents of data
constituting a state or military secret. as well as a transfer of
collection on the instruction of a foreign intelligent service of
other data so as to use them to the detriment of the interests of
the Republic of Belarus, if an act of espionage is committed by a
foreign citizen or an apatride -
shall be punishable with the deprivation of freedom for a
term of seven to fifteen years with the confiscation of property
or by a death penalty with the confiscation of property. Article
63. Act of Terrorism
An encroachment on the life of a state or public figure
committed in connection with his state or public activities with
the view of destabilizing the public order or influencing the
decision taken by the state bodies or preventing political or
other public activities -
shall be punishable with the deprivation of freedom for a
term of eight to fifteen years with or without the confiscation
of property or a death penalty with or without a confiscation of
property.
Article 64. Act of Terrorism Aimed against a Representative
of a Foreign State
A murder of a representative of a foreign state with the
view of provoking war or international complication -
shall be punishable with the deprivation of freedom for a
term of ten to fifteen years with a confiscation of property or a
death penalty with a confiscation of property.
A grave bodily harm inflicted to the same person with the
same purpose -
shall be punishable with the deprivation of freedom for a
term of eight to fifteen years with the confiscation of property.
Article 65. Sabotage
Committing of explosions, arsons or other actions aimed at
mass destruction of people, causing bodily injuries or other harm
to the health, destroying or damaging buildings, works, ways and
means of communications, or of other property with a view of
destabilizing the public order or activities of state bodies of
the Republic of Belarus -
shall be punishable with the deprivation of freedom for a
term of eight to fifteen years with or without the confiscation
of property or a death penalty with or without the confiscation
of property.
Article 66. Excluded
Article 67. Calls for the Overthrow or Alteration of the
Constitutional State of the Republic of Belarus or for
the Committing of Special Dangerous Crimes against the
State
Public calls for the violent overthrow of alteration of the
constitutional state of the Republic of Belarus or for a high
treason, committing of an act of terrorism or sabotage, as well
as the distribution of materials containing such calls -
shall be punishable with the deprivation of freedom for a
term of up to three years.
The same actions committed anew or by an organized group of
persons -
shall be punishable with the deprivation of freedom for a
term of up to seven years or a fine of up to a hundred thousand
roubles.
Actions envisaged by parts one or two of the present Article
committed on instruction of foreign organizations or their
representatives -
shall be punishable with the deprivation of freedom for a
term of up to ten years with or without the confiscation of
property.
Article 671. Excluded
Article 68. Propaganda of War
Propaganda of war irrespective of its specific form -
shall be punishable with the deprivation of freedom for a
term of three to seven years.
Article 69. Organizational Activity Aimed at Committing
Special Dangerous Crimes against the State as well as
Participation in an Anti-state Organization
Organizational activity aimed at preparing or committing
special dangerous crimes against the State, creating an
organization having the purpose of committing such crimes as well
as participation in an anti-state organization -
shall be punishable according to respective Articles 61 to
68 of this Code.
Article 70. Excluded
II. OTHER CRIMES AGAINST THE STATE
Article 71. Violation of the National and Racial Equality as
well as of the Equality of Citizens in Dependence on
their Attitude towards Religion
Deliberate actions aimed at arising national, racial or
religious strife or animosity, humiliating the national honour
and dignity, as well as a direct or indirect restriction of the
rights or the imposition of direct or indirect advantages for
citizens depending on their racial or national status, or their
attitude towards religion -
shall be punishable with the deprivation of freedom for a
term of up to three years or a fine.
The same actions connected with violence, deception or
threats or committed by an official person -
shall be punishable with the deprivation of freedom for a
term of up to five years or a fine.
Actions envisaged in parts one or two of the present Article
committed by a group of persons or if they have entailed death of
people or other grave consequences -
shall be punishable with the deprivation of freedom for a
term of up to ten years.
Article 711. Canceled
Article 72. Disclosure of a State Secret
A disclosure of data which constitute a state secret by a
person who was entrusted with these data or who have become aware
of them due to his work or his post, if this does not contain
signs of a high treason or espionage -
shall be punishable with the deprivation of freedom for a
term of two to five years.
The same actions if they have entailed grave consequences -
shall be punishable with the deprivation of freedom for a
term of five to eight years.
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### SEE PART 3 FOR CONTINUE ###
