__93_0---------------------------------------------------- CL__3------------------------------------------------------- __93_0---------------------------------------------------- ### SEE PART 1 FOR BEGINNING ### 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. __97_0---------------------------------------------------- CL__3------------------------------------------------------- __97_0---------------------------------------------------- ### SEE PART 3 FOR CONTINUE ### >

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