THE SUPREME SOVIET OF THE BSSR

CRIMINAL CODE OF THE REPUBLIC OF BELARUS

Adopted by the Supreme Soviet of the BSSR on December 29, 1960 Put into force as of April 1, 1961 (with alterations and additions as for May 1, 1994) GENERAL PART Chapter 1. GENERAL PROVISIONS Article 1. Purposes of the Criminal Code of the Republic of Belarus The criminal Code of the Republic of Belarus is aimed at protecting the life and health of the human being, his rights and freedoms, the constitutional society, state and public interests, property, the environment and the established law against criminal encroachments. The Criminal Code of the republic of Belarus shall promote the prevention of criminal encroachments and contribute to the education of citizens in the spirit of observance of the laws of the Republic of Belarus. To implement these purposes the Criminal Code of the Republic of Belarus specifies which of the socially dangerous actions are criminal actions and establishes punishments which have to be applied to persons who have committed crimes. Article 2. Criminal Code of the Republic of Belarus The Criminal Code of the Republic is the single criminal law which is in effect on the territory of the Republic of Belarus. Article 3. Principles of Criminal Responsibility Criminal responsibility and punishment may be applied only in respect of the person who has been found guilty of committing a crime, that is, who has committed, intentionally or through negligence, a socially dangerous action envisaged by the criminal law. No one shall be found guilty of committing a crime or be subjected to a criminal punishment unless under a verdict of the court and in compliance with the law. -------------------- * In accordance with the Law of the Belarusian SSR of September 19, 1991 "On the Name of the Belarusian Soviet Socialist Republic and Making of Alterations into the Declaration of the Supreme Soviet of the Belarusian Soviet Socialist Republic on the State Sovereignty of the Belarusian Soviet Socialist Republic and the Constitution (Principal Law) of the Belarusian SSR" (Records of the Supreme Soviet of the Republic of Belarus, 1991, N 30, p. 490) in the name of the present Code and its articles the words "Belarusian SSR" have been substituted by the words "Republic of Belarus". The names of the bodies (authorities) which have made alterations and additions into the present Code as well as of official sources in which they are published, as they are given in the materials following articles (in brackets), are as they were at the time of their introduction. Article 4. Effect of the Criminal Code of the Republic of Belarus in Respect of the Actions Perpetrated on the Territory of the Republic of Belarus All persons who have committed crimes on the territory of the Republic of Belarus shall be penalized under this Code. Issues of criminal responsibility of the diplomatic representatives of foreign states and of other citizens who, in compliance with the laws and international treaties now in force, do not come within the jurisdiction of the Soviet courts shall be resolved diplomatically if such persons have committed a crime on the territory of the Republic of Belarus. Article 5. Effect of the Criminal Code of the Republic of Belarus in Respect of the Actions Committed Outside the Territory of the Republic of Belarus Citizens of the Republic of Belarus who have committed a crime abroad shall be liable to criminal responsibility under this Code if they have been brought to criminal responsibility or brought to trial on the territory of the Republic of Belarus. The same grounds shall be used to bring to responsibility apatrides staying in the Republic of Belarus who have committed crimes outside the territory of the Republic of Belarus. If such persons have been penalized abroad for the crimes committed, the court may commute the punishment metered out to them or completely free the guilty person from serving the punishment. Foreign citizens who have committed crimes outside the territory of the Republic of Belarus shall be liable to responsibility under the criminal legislation of he Republic of Belarus in cases envisaged by international treaties. Article 6. Effect of the Criminal Law in Time Criminality and punishment of an action shall be defined by the law which was in effect during the perpetration of this action. The law which eliminates the criminality of action or commuted punishment shall be retroactive, that is, shall cover also the actions perpetrated before it was adopted. The law which established the punishment for an action or makes the punishment more severe shall not be retroactive. Chapter 2. ON CRIME Article 7. Notion of the Crime The crime shall be a perpetrated socially dangerous action (omission) which is prohibited by this Code. The crime shall not be an action or omission which, though formally containing signs of any action envisaged by the criminal law, poses no social danger by virtue of its little significance. Article 71. Notion of the Grave Crime Grave crimes shall be intended actions enumerated in part two of the present Article which pose an increased social danger. Grave crimes shall be: especially dangerous state crimes (Articles 61-70)*; violation of the racial and national equality in aggravating circumstances (Article 71, parts two and three); banditry (Article 74); actions which disorganize the work of corrective labour institutions (Article 741); contraband (Article 75); mass riots (Article 76); damaging of ways of communications and transport means (Article 83); making or sale of counterfeited money or securities (Article 84)**; violation of the rules on the operations with precious metals and stones committed on a preliminary agreement by a group of persons or in especially grand amounts (Article 85, part three)***; stealing of property in grand amounts or in especially grand amounts (Article 87), part four, 90, part three, 91, part three, and 911); robbery in aggravating circumstances (Article 88, parts two, three and four); robbery (Article 89); deliberate destruction or damage of property committed in aggravating circumstances (Article 96, part two); killing by will (Articles 100 and 101); willful severe bodily injury (Article 106); rape (Article 115); taking of hostages (Article 1241); abuse of power or official authorities in aggravating circumstances (Article 167, part two); taking of bribe (Article 160); intermediation in bribery and giving of a bribe in aggravating circumstances (Articles 1691, part two, and 170, part two); bringing of the knowingly innocent person to criminal responsibility in aggravating circumstances (Article 172, part two); prescribing of a knowingly illegal sentence, decision, ruling or decree entailing grave consequences (Article 173, part two); forcing to giving of evidence in aggravating circumstances (Article 175, part two); encroachment upon the life of a militiaman, people's guard, serviceman or other person, no less than encroachment upon the life of their close relations (Article 1891); persistent or especially persistent hooliganism (Article 201, parts two and three); hijacking of an aircraft (Article 2082); stealing of radioactive materials (Article 2112); stealing of fire-arms, ammunitions or explosives (Article 2131); stealing of narcotic substances for the purpose of sale, no less than stealing of them in aggravating circumstances (Article 2192); illegal making, acquisition, keeping, storage, transportation or dispatch of narcotic substances for the purpose of sale or sale of such substances (Article 2191); disobedience in aggravating circumstances (Article 227, paragraphs "b" and "c"); resistance to the head or forcing of him to the violation of his official duties (Article 229); violent actions towards the head (Article 231); violation of statutory rules of relationship between servicemen in absence of subordination relations between them in aggravating circumstances (Article 233, paragraphs "b" and "c"); desertion (Article 236); deliberate destruction or damage of military property in aggravating circumstances (Article 240, paragraphs "b" and "c"); violation of the rules of the performance of military duties in aggravating circumstances (Article 246, paragraphs "c" and "d"). ----------------- * 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). ** The name of Article 84 of this Code has the following wording "Making, Keeping or Sale 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). *** The qualifying sign "on a preliminary agreement by a group of persons" has been excluded from part three of Article 85 of 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 72. Criteria for the Qualification of Certain Crimes Envisages by the Articles of This Code Petty stealing shall be recognized as a stealing for the amount which does not exceed the established minimum salary at the time the crime is committed. The grand amount or the great damage (great property damage) when crimes are committed as envisaged by Article 731, part two, Articles 75, 842, Article 85, part two, Article 87, part four, Article 88, part four, Article 89, part two, Article 80, part three, Article 91, part three, Article 921, part two*, Article 93, part three, Article 95, Article 96, part two, Articles 98, 1504, 1505, Article 1506, part two, Article 151, part one, Article 153, part two, Article 1561, part two, Article 1562, part two, Article 160, part one, Article 1601, part one, Article 161, part two, Article 163, part two, Article 164, Article 165, part two, Article 166, part one, Article 1661, Article 167, part one, Article 169, part two, Article 203, part two, of this Code shall be the amount or the damage which exceeds by forty or more times the established minimum salary at the time the crime is committed. The especially grand amount or the especially great damage when crimes committed as envisaged by Article 85, part three, Articles 911, 149, Article 1503, part two, Article 151, part two, Article 160, part two, Article 1601, part two, Article 168, Article 169, part three of this Code, shall be the amount which exceeds one hundred or more times the established minimum salary. --------------------- * Article 921 has 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 8. Intended Committing of a Crime A crime shall be recognized as committed intendedly if the person who has committed the crime was aware of the socially dangerous character of his action or omission, foresaw its socially dangerous consequences and wanted them or conscientiously admitted the onset of such consequences. Article 9. Committing of a Crime of Carelessness A crime shall be recognized as committed through carelessness if the person who has committed the crime foresaw possible onset of socially dangerous consequences of his action or omission, but thoughtlessly counted on their prevention, or did not foresee possible onset of such consequences although should and could have foresee them. Article 10. Responsibility of Persons Who Are under Age Criminal responsibility shall be applied to persons who had reached the age of sixteen before they committed a crime. Persons who have committed a crime at the age of between fourteen and sixteen shall be liable to criminal responsibility only for killing (Articles 100 to 104), encroachment upon the life of a militiaman, people's guard or other person, no less than for encroachment upon the life of their close relations (Article 1891), deliberate infliction of bodily injuries which have caused derangement of health (Articles 106 to 109, 110, part one*), rape (Article 115), robbery (Article 89), robbery (Article 88), stealing of property in especially grand amounts (Article 911), distortion (Article 93), theft (Article 87), persistent or especially persistent hooliganism (Article 201, part two and three), deliberate destruction or damage of property which has entailed grave consequences (Article 96, part two), stealing of fire-arms, ammunitions or explosives (Article 2131), stealing of narcotic substances (Article 2191), as well as for deliberate committing of actions which may cause a crash of a train (Article 83). If the court finds out that it is possible to correct a person who has committed at the age of under eighteen a crime posing no great social danger without applying a criminal punishment, it may apply in respect to this person compulsory measures of educational character which are not a criminal punishment (Article 60). ------------------- * Article 110 has one part (Law of the Republic of Belarus of April 23, 1992 - Records of the Supreme Soviet of the Republic of Belarus, 1992, N 15, p. 255). Article 11. Insanity Criminal responsibility shall not be applied to a person who, at the time the socially dangerous action was perpetrated, was in the state of insanity, that is, could not be aware of his actions or could not control such actions because of his chronic mental ailment, temporary mental derangement, feeble-mindedness of any other disease. The court may assign enforced medical measures to be applied to such person as envisaged in Article 55 of this Code. Neither shall be punished a person who has committed a crime in the state of sanity but who has become, before the court has made its sentence, mentally deranged which disables him to be aware of his actions or control them. The court may assign enforced medical measures to such person, who may become liable to punishment on his recovery. Article 12. Responsibility for a Crime Committed in Inebriation The person who has committed a crime in inebriation shall not be freed from criminal responsibility. Article 13. Necessary Defence Any action, although having signs of an action envisaged by this Code, but committed in conditions of the necessary defence, that is, to protect interests of the State, public interests, an individual and the rights of the person who defends himself or another person against a socially dangerous encroachment by inflicting injury to the encroacher, shall not be a considered as a crime unless the limits of the necessary defence have been exceeded. The limits of the necessary defence shall be considered to have been exceeded if the defence evidently does not corespondent to the character and danger of the encroachment. Article 14. Extreme Necessity Any action, although having signs of an action envisaged by this Code, but committed in conditions of the extreme necessity, that is, to eliminate the danger which threatens the interests of the State, public interests, an individual or the rights of the given person or of other citizens unless that danger under the circumstances could be eliminated by other means and unless the damage inflicted is less severe than the one averted. Article 15. Responsibility for the Preparation to a Crime and an Attempt to Commit a Crime Preparation to a crime shall be the looking for, or an adaptation of, the means of tools or any other deliberate creation of conditions for committing a crime. An attempt to commit a crime shall be a deliberate action aimed directly at committing a crime if the crime was not accomplished for reasons beyond control of the guilty person. Punishment for the preparation to a crime or an attempt to commit a crime shall be metered out according to the law which envisages responsibility for the given crime. When metering out the punishment the court shall take into account the character and the degree of social danger of the actions committed by the guilty person, the degree to which the criminal intention was accomplishment and the reasons due to which the crime was not brought to an end. Article 16. Voluntary Abandonment of a Crime The person who has voluntarily abandoned the bringing of the crime to an end shall be subject to criminal responsibility only when the action he has actually perpetrated contains another corpus delicti. Article 17. Complicity Complicity shall be recognized as a deliberate joint participation of two or more persons in committing a crime. Organizers, instigators and accomplices shall be recognized as accessories of a crime together with the perpetrators of the crime. The perpetrator shall be the person who has committed the crime. The organizer shall be the person who has organized the committing of the crime or who has managed the accomplishment of the crime. The instigator shall be the person who has persuaded to commit the crime. The accomplice shall be the person who has assisted in committing the crime by giving advice, instructions and by providing means or by removing obstacles as well as the person who promised in advance to hide the criminal, tools and means of the crime, traces of the crime or things obtained in the criminal way. The court meters out the punishment it must take into account the degree and the character of participation of each accessories in the committing of the crime. Article 18. Concealment Concealment of the criminal as well as of tools and means of the crime, traces of the crime or things obtained in a criminal way, if this concealment has not been promised in advance, shall incur responsibility only in the cases envisaged in Articles 651 and 185 of this Code. Article 19. Failure to Inform Failure to inform about a really known prepared or accomplished crime shall incur criminal responsibility only in the cases envisaged in Articles 86 and 186 of the this Code. Chapter 3. ON PUNISHMENT Article 20. Purposes of Punishment Punishment shall not only be a punishment for the committed crime but also shall be aimed at correcting and educating the convicts in the spirit of the exact administration of laws as well as at preventing the committing of new crimes both by convicts and by other persons. Punishment shall not be aimed at causing physical suffering and humiliating human dignity. Article 21. Types of Punishment Persons who have committed crimes may be subjected to the following basic types of punishment: 1) a deprivation of freedom; 2) excluded; 3) excluded; 4) corrective labour without deprivation of freedom; 5) a deprivation of the right to hold definite posts or to be engaged in definite activities; 6) a fine; 7) a dismissal from the post; 8) a public censure. Servicemen who are on active service may be punished also by sending them to a disciplinary battalion. Apart from the basic types of punishment imposed on the convicted, the following additional types of punishment may be applied: a confiscation of property; a deprivation of military or special ranks. The deprivation of the right to hold definite posts or to be engaged in definite activities, a fine of a dismissal from the post may be applied not only as basic but as additional types of punishment as well. Article 22. Capital Punishment Capital punishment (by firing squad) shall be admitted hereafter, until its total cancellation, as an exclusive penal measure for definite special grave crimes envisaged in the Special Part of this Code. Capital punishment may not be applied to persons who were under eighteen before committing a crime as well as women. Article 23. Deprivation of Freedom Deprivation of freedom shall be established for a period from three months to ten years or for special grave crimes, for crimes which resulted in special grave consequences, or in respect to special dangerous recidivists in cases envisaged by this Code - for a period of not more than fifteen years. When the capital punishment is substituted, as a pardon, by a deprivation of freedom, the latter may be given for a period exceeding fifteen years but not more than twenty years. When punishment is given to a person who was under eighteen before he committed a crime the freedom deprivation period may not exceed ten years. Service of sentence as a deprivation of freedom on the verdict of the court shall be assigned in corrective labour settled colonies, colonies of common, increased, strict and special treatment or in a prison as well as in educational and labour colonies of common or increased treatment. Service of sentence in corrective labour colonies shall be assigned to men: who are sentenced to a deprivation of freedom for the first time for crimes committed through carelessness - to stay in settled colonies for the persons who have committed crimes through carelessness; who are sentenced to a deprivation of freedom for the first time for a period of not more than five years for deliberate crimes which are not grave crimes, namely: stealing of property committed by way of misappropriation or embezzlement or by the abuse of the official post with attenuating circumstances (Article 91, part one); stealing of property committed by fraud without aggravating circumstances (Article 90, part one); causing of property damage by fraud or abuse of confidence (Article 92); extortion of property (Article 93, part one); illegal making of an abortion (Article 114, parts two and three); persistent evasion of the payment of alimonies or of the support of children (Article 120); leaving in a danger (Article 125, part two); libel (Article 128); transfer or dispatch to the consumer of substandard, incomplete or sub-standard products (Article 149); deception of buyers and customers (Article 153, part two); receiving of illegal reward from citizens for the performance of work connected with the rendering of services to the population (Article 1651, part two); violation of the trade rules (Article 1562, part two); issue for sale of substandard, non-standard or incomplete products (Article 154); making, keeping with the purpose of sale or sale of home-made strong alcoholic beverages (Article 155); forgery of postal payment notes and of travel tickets (Article 157); violation of veterinary rules (Article 158); violation of the rules established for the combat of plant diseases and pests (Article 159); illegal fishery and other water-related trade (Article 161); illegal hunting (Article 163); illegal cutting of woods in aggravating circumstances (Article 165, part two); abuse of power or official post without aggravating circumstances (Article 166, part one); omission of power (Article 1661); abuse of power or official powers without aggravating circumstances (Article 167, part one); forgery in office (Article 171); knowingly false information (Article 176); knowingly false evidence (Article 177); failure to inform about a crime (Article 186); bringing a person under legal age to the state of inebriation (Article 2051); driving of transport means in the state of inebriation (Article 2061)* - in settled colonies for persons who have committed deliberate crimes; who are sentenced to a deprivation of freedom for the first time for deliberate crimes which are not grave crimes, except those enumerated in paragraph three of part four of the present Article - in colonies of common treatment; who are sentenced to a deprivation of freedom for the first time for grave crimes - in colonies of increased treatment; who are sentenced for special dangerous state crimes (Articles 61-69)** or who have previously served punishment with the deprivation of freedom - in colonies of strict treatment; who have been recognized as special dangerous recidivists - in colonies of special treatment. Women sentenced to the deprivation of freedom shall be assigned serve their sentence in corrective labour colonies as follows: those who have been recognized as special dangerous recidivists as well as those who have been convicted for special dangerous state crimes (Articles 61-69)** - in colonies of strict treatment; those who are sentenced for the first time to the deprivation of freedom for crimes committed through carelessness - in settled colonies for the persons who have committed crimes through carelessness; those who are sentenced for the first time for deliberate crimes enumerated in paragraph three of part four of the present Article - in settled colonies for the persons who have committed deliberate crimes; other women sentenced to the deprivation of freedom - in colonies of common treatment. Service of sentence in educational and labour colonies shall be assigned to: males under eighteen who are sentenced for the first time to the deprivation of freedom as well as females under eighteen - in colonies of common treatment; males under eighteen who have previously served sentence with the deprivation of freedom - in colonies of increased treatment. Depending on the character and degree of social danger of the committed crime, the individual characteristics of the guilty person and other circumstances of the case the court may assign the service of the sentence with the deprivation of freedom as follows specifying the motives for its decision: for those who are sentenced for the first time for crimes committed through carelessness as well as for deliberate crimes specified in paragraph three of part four of the present Article - in corrective labour colonies of common treatment; for other who are sentenced to the deprivation of freedom but who have not been recognized as special dangerous recidivists - in correction labour colonies of any type except colonies of special treatment and settled colonies; for male convicts under eighteen - in educational and labour colonies of common treatment instead of colonies of increased treatment. Deprivation of freedom with the imprisonment for the whole period of punishment or a part of it may be assigned to: special dangerous recidivists; persons who have committed after the age of eighteen special dangerous state crimes; persons who have committed after the age of eighteen other grave crimes if they are sentenced for these crimes to the deprivation of freedom for a period exceeding five years. A change in the type of the corrective labour establishment assigned to the convict shall be effected by the court on the grounds of and in compliance with the procedure established by the legislation. -------------------- * Article 2061 has been excluded from this Code ((Law of the BSSR of June 21, 1991 - Records of the Supreme Soviet of the Belarusian SSR, 1991, N 23, p. 309). ** Article 66 has 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 231. Conditional Sentencing to the Deprivation of Freedom with the Compulsory Attraction of the Convict to Labour When a person who is of legal age and able to work is sentenced for the first time to the deprivation of freedom for a deliberate crime for a period of up to three years, or for a crime committed through carelessness - for a period of up to five years, the court may, taking into account the nature and the degree of social danger of the committed crime, the individual characteristics of the guilty person and other circumstances of the case as well as possibility for his correction and education without isolation from the society but in conditions of being under supervision, rule on a conditional sentencing of this person to the deprivation of freedom with his compulsory attraction for the period of the sentence to labour in places defined by bodies which administer the exercise of the sentence with the specification in the sentence of the motives for such ruling. In case of a conditional sentencing to the deprivation of freedom with the compulsory attraction of the convict to labour the court may also assign to this person additional penal measures in cases and in the manner envisaged by this Code. The rules of part three of Article 43 of this Code shall not be applied in respect to such convicts. Conditional sentencing to the deprivation of freedom with the compulsory attraction of the convict to labour shall not be applied to: 1) persons who are sentenced for special dangerous state crime (Articles 61-69)*; banditry (Article 74); killing by will envisaged by Articles 1001, 101 and paragraph "c" of Article 229; deliberate severe bodily injury envisaged by Article 106; rape committed by a group of persons or rape of a female person under legal age, rape which has entailed especially grave consequences, as well as rape of a female person under fourteen (Article 115, parts three and four); especially persistent hooliganism (Article 201, part three); 2) persons who have been assigned, in addition to the sentence for the committed crime, a forced treatment against alcoholism or narcomania as well as those who have not undergone a complete course of treatment for venereal disease; 3) foreign citizens and apatrides being sentenced. Conditional sentencing to the deprivation of freedom with the compulsory attraction of the convict to labour shall neither be applied to persons who have been recognized in the established manner as invalids of the first, second or third groups; pregnant women; women having as their dependents children under two; or women over 55 and men over 60. Conditional sentencing to the deprivation of freedom with the compulsory attraction of the convict to labour may not be applied to active servicemen who have committed crimes. If the person who has been sentenced conditionally evades from the work at the place defined by the bodies which exercise the execution of the sentence, or systematically or flagrantly violates labour discipline, public order or the rules of residence established for him, he shall be sent on the ruling of the court to serve his sentence with the deprivation of freedom. In this case the time of evasion from work shall not be counted while the time when the convict has worked may be counted by the court in part or in full as the time of service of sentence on the day-for-day basis. If the person who has been sentenced conditionally has committed a new crime during the period of freedom deprivation determined by the court, the court shall give him the punishment according to the rules envisaged in Article 40 of this Code. ---------------- * Article 66 has 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 24. Special Dangerous Recidivist According to the sentence of the court a special dangerous recidivist may be: 1) a person who has been previously sentenced to the deprivation of freedom for a special dangerous state crime (Articles 61-69)*; banditry (Article 74); making or sale of counterfeited money or securities in aggravating circumstances (Article 84, part two)**; stealing of property in especially grand amounts (Article 911); robbery with the purpose of appropriation of property in aggravating circumstances (Article 89, part two); killing by will envisaged by Articles 100 and 101 (except killing by the mother of her newly born child) and paragraph "c" of Article 229; rape committed by a group of persons or rape of a female person under legal age which has entailed specially grave consequences as well as a rape of a female person under fourteen (Article 115, parts three and four); taking of hostages (Article 1241); encroachment upon the life of a militiaman, people's guard in connection with their service or public activities on the protection of public order (Article 1891)***; hijacking of an aircraft (Article 2082); stealing of radioactive materials (Article 2112) and who again committed any of the above enumerated crimes for which this person is sentenced to the deprivation of freedom for a term of not less than five years; 2) a person who has been previously sentenced two time in any sequence to the deprivation of freedom for a special dangerous state crime (Articles 61-69)****, banditry (Article 74); mass riots (Article 76); making or sale of counterfeited money or securities (Article 84)*****; stealing of property in aggravating circumstances (Article 87, parts two, three and four, 88, parts two, three and four, 90, parts two and three, 91, parts two and three, and 911); robber with the purpose of appropriation of property (Article 89); killing by will envisaged by Articles 100 and 101 (except the killing by the mother of her newly born child) and the paragraph "c" of Article 229; deliberate severe bodily injury (Article 106); rape (Article 115); taking of hostages (Article 1241); receiving of a bribe (Article 169); encroachment upon the life of a militiaman, people's guard, serviceman or other person, no less than encroachment upon the life of their near relations (Article 1891); especially persistent hooliganism (Article 201, part three); hijacking of an aircraft (Article 2082); stealing of radioactive materials (Article 2112); stealing of fire-arms, ammunitions or explosives in aggravating circumstances (Article 2131, parts two and three); illegal making, acquisition, keeping, transportation or dispatch of narcotic substances with the purpose of sale, sale of such substances (Article 2191); stealing of narcotic substances with the purpose of sale, no less than stealing of them in aggravating circumstances (Article 2192) and if this person has committed any of the above enumerated crimes for which this person is sentenced to the deprivation of freedom for a term of over three years; 3) the person who has been previously sentenced three times or more in any sequence to the deprivation of freedom for persistent hooliganism (Article 201, part two) or for crimes enumerated in paragraph two of part one of this Article and if this person has committed an act of persistent hooliganism (Article 201, part two) or any of the crimes enumerated in paragraph 2 of part one of this Article for which this person is sentenced to the deprivation of freedom; 4) a person who is servicing his sentence with the deprivation of freedom for any crime enumerated in paragraphs 2 and 3 of part one of the present Article and has again committed a deliberate crime for which he is sentenced to the deprivation of freedom for a period of not less than five years. When the court considers the issue on the recognition of the person as a special dangerous recidivist shall take into account the individual characteristics of the convict, the degree of social danger of the crimes committed, their motives, the degree of accomplishment of criminal intentions, the degree and the nature of participation in the committing of the crimes and other circumstances of the case. The decision of the court must be motivated in the sentence. When the issue on the recognition of the person as a special dangerous recidivist is decided, the conviction for the crime committed by the person at the age of under eighteen as well as the conviction which has been canceled or quashed in the manner established by the law shall not be taken into account. If the conviction is quashed the recognition of the person as a special dangerous recidivist shall be canceled. Articles of this Code envisaging responsibility for the committing of crimes by a special dangerous recidivist shall be applied in cases when the person was recognized in the manner established by the law as a special dangerous recidivist before the committing of the given crime. ---------------------- *Article 66 has 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). ** 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). *** The name of Article 1891 of this Code has the following wording: "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" (Law of the BSSR of February 26, 1991 - Records of the Supreme Soviet of the Belarusian SSR, 1991, N 13, p. 152). **** Article 66 has 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). ***** 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). Articles 25 and 26. Excluded Article 27. Corrective Labour without Deprivation of Freedom Corrective labour without deprivation of freedom shall be assigned for a period from two months to two years and shall be executed either at the place of work of the convict or in other places in the region of residence of the convict. The remuneration of the person sentenced to corrective labour without deprivation of freedom shall be subjected to deductions to the income of the State in the amount established by the sentence of the court within the range of five to twenty per cent of the remuneration. In respect of the persons recognized as unable to work the court may substitute corrective labour by a fine according to the rules envisaged in Article 30, part two, of this Code. The procedure of service of corrective labour without deprivation of freedom shall be established by the legislation. Article 28. Consequences of the Evasion from the Service of Corrective Labour without Deprivation of Freedom If the person who has been sentenced to corrective labour without deprivation of freedom evades from the service of the sentence at the place of his work the court may, on recommendation of the body of internal affairs or the labour collective, send this person serve the sentence in other places determined by the bodies which administer the performance of corrective labour, but in the region of residence of the convict. In case of repeated evasion from the service of sentence by the person who has been sentenced to corrective labour without deprivation of freedom the court may substitute the unserved period of corrective labour by a punishment represented by a deprivation of freedom for the same period. Article 29. Deprivation of the Right to Hold Definite Posts or to Be Engaged in Definite Activity Deprivation of the right to hold definite posts or to be engaged in definite activity may be prescribed by the court for a period from one to five years as the basic or additional punishment. This punishment may be prescribed in cases when the court recognizes that the person may not retain the right to hold definite posts or to be engaged in definite activity because of the nature of crimes committed by him due to the occupation of his post or engagement in definite activity. When such punishment is prescribed as a punishment additional to the deprivation of freedom it shall cover the whole time of service of the deprivation of freedom and, in addition, to a period stipulated in the sentence. If the deprivation of the right to hold definite posts or to be engaged in definite activity has been prescribed as a punishment in addition to another type of punishment, then the time shall be calculated as of the time the convict begins serving the basic punishment. Article 30. Fine Fine represents a penalty in terms of money imposed by the court in the events and within the limits specified by the court. The amount of the fine shall fixed by the court depending on the gravity of the committed crime taking into account the property status of the convicts within the range of ten minimum salaries to two hundred minimum salaries or, for mercenary crimes, from twenty minimum salaries to five hundred minimum salaries. In this case the amount of the fine imposed on the person for the committing of a crime envisaged by an article of this Code containing an administrative prejudice may not be less than the minimum amount of the fine imposed as an administrative measure. In case of the evasion of the payment of fine imposed as the basic punishment the convict shall bear responsibility in compliance with Article 1811 of this code. Objects that are not subject to confiscation may not be withdrawn when a fine is collected. Article 31. Dismissal from the Post Dismissal from the post may be applied by the court when it recognizes that the convict may not be left to occupy his post. Article 32. Public Censure Public censure represents a public expression by the court of a censure in respect of the convict making it known to the public, in necessary cases, through press or in another way. Article 33. Sending of Servicemen Who Have Committed a Crime to a Disciplinary Battalion and Substitution of Corrective Labour by a Guard House Active servicemen who have committed crimes may be sent to a disciplinary battalion in the cases envisaged by the law for a period of three months to two years, as well as in the cases when the court, taking into consideration the circumstances of the case and the personality of the convict, finds it expedient to substitute the deprivation of freedom for a term of up to three years by the sending to a disciplinary battalion for the same period. Sending to a disciplinary battalion instead of the deprivation of freedom may not be applied to the persons who have previously served a punishment represented by deprivation of freedom. Corrective labour without deprivation of freedom may be substituted in respect to servicemen by the keeping at a guard house for a term of up to two months. Article 331. Excluded Article 34. Confiscation of Property Confiscation of property represents a forced free-of-charge withdrawal of the whole or part of the property being personal property of the convict for the benefit of the state. Confiscation of property may be prescribed only in the cases envisaged by the articles of the Special Part of this Code. In case of confiscation of a part of property the court must specify which part of the property is subject to confiscation or list the objects to be confiscated. Confiscation shall not be applied in respect of the property and objects which are necessary for the convict and the persons dependent on him as included into the list given in the Appendix to this Code. In case of a confiscation of property the State may not be liable for the debts and liabilities of the convict if such have appeared after the bodies of investigation, inquest or the court have taken measures for the preservation of the property and without the consent of these bodies. In respect of claims to be met at the expense of confiscated property the State shall be responsible only within the assets; in this case the sequence of meeting of claims shall be in accordance with the rules specified by the Civil Procedural Code of the Republic of Belarus. Article 35. Deprivation of Military and Other Ranks The court may adjudicate to deprive a person who has committed a grave crime of his military or special rank. If a person who has a military or another rank awarded by the Presidium of the Supreme Soviet of the Republic of Belarus or the Council of Ministers of the Republic of Belarus has been sentenced by the court for a grave crime, then the court, when returning its verdict, shall decide on whether it is expedient to make an application to the body which has awarded the rank on the deprivation of the convict of his military or another rank. Chapter 4. ON PRESCRIBING OF PUNISHMENT AND FREEING FROM PUNISHMENT Article 36. General Principles for Prescribing Punishment The court shall prescribe punishment within the limits established by the article of the law which envisages responsibility for the committed crime in strict correspondence with the provisions of this Code. When prescribing punishment the court shall take into consideration the nature and the degree of social danger of the committed crime, the personality of the convict and the circumstances of the case which attenuate or aggravate the responsibility Article 37. Circumstances Which Attenuate Responsibility When prescribing punishment the following circumstances shall be recognized as attenuating responsibility: 1) prevention by the culprit of harmful consequences of the crime committed or voluntary reimbursement of the damage caused or the correction of the caused harm; 2) committing of a crime due to a coincidence of grave personal or family circumstances; 3) committing of a crime under a threat or coercion or owing to material or another dependence; 4) committing of a crime under the influence of strong emotional feeling caused by illegal actions of the sufferer; 5) committing of a crime in defence against a socially dangerous encroachment though with excess of the necessary defence limits; 6) committing of a crime by a person under legal age; 7) committing of a crime by a pregnant woman; 8) sincere repentance or giving oneself up; 9) active assistance in the detection of the crime. When the court prescribes punishment it may also take into consideration attenuating circumstances not specified in the law. Article 38. Circumstances Which Aggravate Responsibility When prescribing punishment the following circumstances shall be recognized as aggravating responsibility: 1) committing of a crime by the person who has committed a crime before; Depending on the nature of the fist crime the court may have every right to ignore that circumstance as the aggravating one; 2) committing of crime by an organized group; 3) committing of a crime for mercenary of other base motives; 3.1) committing of a crime on the grounds of national or racial animosity, strife or contempt; 4) infliction of grave consequences as a result of the crime; 5) committing of a crime in respect of a person under age, an aged person or a person being in a helpless condition as well as in respect of a person being materially or otherwise dependent on the culprit; 6) instigating of persons under legal age to committing a crime or attracting persons under legal age into the participation in a crime; 7) committing of a crime in a most brutal way or with atrocity; 8) committing of a crime by availing oneself of conditions of a social disaster; 9) committing of a crime in a generally dangerous manner; 10) committing of a crime connected with the use of a source of high danger; 11) committing of a crime by a person who has been taken on probation* during the period of probation or within one year on expiration of this period; 12) committing of a crime in condition of inebriation. Depending on the nature of the crime the court may have every right to ignore that circumstance as aggravating the responsibility. -------------------- * Exemption of criminal responsibility with the transfer on the probation (Article 50) has been excluded (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 39. Prescribing Punishment When Several Crimes Have Been Committed If a person has been found guilty in the committing of two or more crimes envisaged by different articles of this Code and if this person has not been convicted for any of the crimes, the court, having prescribe punishment separately for each crime, shall make the final definition of the punishment on the aggregate of the crimes when more severe punishment absorbs less severe punishment or by adding up wholly or partially all the meted out punishments within the limits specified by the article of this Code which envisages the more severe punishment. The basic punishment may be appended by any additional punishments envisaged by the articles of this Code which establish responsibility for the crimes the person has been found guilty of. The same rules shall be used to prescribe punishment if, after a sentence has been pronounced on the case, it has been found out that the culprit is guilty of another crime which he had committed before the verdict was returned on the first case. In such case the term of punishment shall include the punishment which has been served wholly or partially by the first sentence. Article 40. Prescribing Punishment on Several Sentences If the convict has committed another crime after a sentence was passed on him and he did not completed the service of his punishment, the court shall add, wholly or partially, the part of punishment to be served under the previous sentence to the punishment prescribed by the new sentence When punishments are summed up in the manner envisaged in the previous Article, the total term of punishment must not exceed the maximum term established for the given kind of punishment. When punishment represented by deprivation of freedom are summed up, the total term of punishment must not exceed ten years or, for the crimes in respect to which the law permits the application of deprivation of freedom for a term over ten years, must not exceed fifteen years. When punishments represented by deprivation of freedom and keeping in a disciplinary battalion are summed up, one day of deprivation of freedom shall be equal to one day of the time in a disciplinary battalion. When punishments represented by deprivation of freedom or corrective labour are summed up, one day of deprivation of freedom shall be equal to three days of corrective labour. Sentences by which persons are adjudicated to deprivation or freedom and a fine as well as to corrective labour and a fine shall be executed independently. Article 41. On the Manner of Determination of Terms of Punishment Terms of deprivation of freedom, keeping in a disciplinary battalion or corrective labour as well as of the deprivation of the right to hold definite posts or to be engaged in definite activity shall be counted in months and years, while terms of keeping in a guard house - in days and months. When punishments are substituted or summed up, it is permitted to count the above punishments in days. Article 42. Prescribing a Milder Punishment than Envisaged by the Law Taking into consideration the exclusive circumstances of the case and the personality of the culprit and recognizing the necessity of meting out to him a punishment below the lowest level envisaged by the law for the given crime or of applying another milder kind of punishment, the court may allow such mitigation with the compulsory pointing out the motives for doing so. __94_0---------------------------------------------------- CL__3------------------------------------------------------- __94_0---------------------------------------------------- ### SEE PART 2 FOR CONTINUE ###

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