__97_0---------------------------------------------------- CL__3------------------------------------------------------- __97_0---------------------------------------------------- ### SEE PART 3 FOR BEGINNING ### Article 133. Violation of Legal Rights of Trade Unions Prevention of legal activity of trade unions and their bodies - shall be punishable with corrective labour for a term of up to one year, or a fine, or a dismissal from the post. Article 134. Violation of Labour Legislation An illegal dismissal of a worker from work out of personal motives no less than another wilful violation of the labour legislation committed by an official person of an enterprises, institution, organization - shall be punishable with corrective labour for a term of up to one year, or a dismissal from the post. Article 135. Violation of the Secrecy of Correspondence, Telephone Talks and Telegraph Messages Violation of the secrecy of correspondence, telephone talks and telegraph messages of the citizens - shall be punishable with corrective labour for a term of up to six months or a fine, or a public censure, or shall entail an application of measures of public effect. Article 136. Refusal of Employment to, or Dismissal of, a Pregnant Woman or a Nursing Mother Refusal of employment to, or dismissal of, a woman for the reasons of her being pregnant no less than a refusal to employ or dismissal from work a nursing mother for the above reasons - shall be punishable with corrective labour for a term of up to one year, or a dismissal from the post. Article 1361. Persecution of Citizens for Criticism A wilful infringement by an official person upon the rights and interests of the citizen protected by the law, connected with a persecution of him for a submission according to the established procedure of proposals, applications, claims or for criticism contained in them, no less than for a criticism in other form - shall be punishable with a fine, or a dismissal from the post. The same actions if they have caused a substantial harm to the rights and interests of the citizens protected by the law - shall be punishable with the deprivation of freedom for a term of up to two years or corrective labour for a term of one to two years, or a dismissal from the post. Article 137. Violation of Labour Protection Rules Violation by an official person of labour precautions, technical sanitation rules or other labour protection rules, if this violation could have entailed accidents with people or other grave consequences - shall be punishable with the deprivation of freedom for a term of up to one year or corrective labour for the same term, or a dismissal from the post. The same actions if they have entailed causing of bodily injuries or loss of ability to work - shall be punishable with the deprivation of freedom for a term of up to three years or corrective labour for a term of up to two years. Violations specified in part one of this Article which have entailed a death of a human being or causing of severe bodily injuries of several people - shall be punishable with the deprivation of freedom for a term of up to five years. Article 138. Infringement upon Copyright or Inventor's Right Issue under one's own name of somebody else's scientific, literature, music or art work or other appropriation of a copyright for such work, or an illegal reproduction or spreading of such work, no less than forcing to a co-authorship - shall be punishable with corrective labour for a term of up to two years, or a fine, or shall entail an application of measures of public effect. Announcing of an invention before the application without consent of the inventor, appropriation of the authorship for the invention, forcing to co-authorship for the invention, no less than appropriation for a rationalization proposal - shall be punishable with corrective labour for a term of up to two years, or a fine, or shall entail an application of measures of public effect. Article 139. Violation of Laws of Separation of the Church from the State and of the School from the Church Violation of the laws on the separation of the church from the State and of the school from the church - shall be punishable with corrective labour for a term of up to one year, or a fine. The same actions committed by a person who has previously been convicted for a violation of the laws on the separation of the church from the State and of the school from the church, no less than an organization activity aimed at committing such actions - shall be punishable with the deprivation of freedom for a term of up to three years. Article 140. Preventing the Performance of Religious Rites Prevention from the performance of religious rites inasmuch as they do not violate public order and are not accompanied by an infringement upon the rights of the citizens - shall be punishable with corrective labour for a term of up to six months or a public censure. Chapter 10 (Articles 141, 142, 143, 144, 145, 146, 147, 148). Excluded Chapter 11. CRIMES IN THE SPHERE OF ENTREPRENEURSHIP AND OTHER ECONOMIC ACTIVITIES* Article 149. Transfer or Dispatch to the Consumer of Substandard, Incomplete or Non-standard Products A transfer or dispatch to the consumer from the industrial enterprise of knowingly substandard, incomplete products or of products that do not meet the compulsory standards, specifications or requirements of other normative and technical documentation in especially grand amounts, committed by an official person - shall be punishable with the deprivation of freedom for a term of up to three years, or a fine, or a dismissal from the post. Article 149.1. Excluded. -------------------------- * The name of Chapter 11 has the wording of the 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 1492. Realization of Products Contamination with Radionuclides in Excess of the Permissible Levels Realization (sale or other transfer) of products contaminated with radionuclides in excess of the permissible levels committed by a citizen after administrative penal measures have been applied for a similar violation - shall be punishable with corrective labour for a term of up to one year or a fine with the confiscation of these products. The same actions committed by an official person after administrative penal measures have been applied for a similar violation - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for the same term, or a fine, or a dismissal from the post. Article 150. Excluded Article 1501. Pseudo-entrepreneurship Pseudo-entrepreneurship, that is, the creation of enterprises and other entrepreneurial structures without the intention to carry on their statutory activities for the purpose of obtaining of credits, loans or for covering of forbidden entrepreneurial activities, or for concealment, decrease of profits, incomes, other objects of taxation or other obtaining of material benefits - shall be punishable with the deprivation of freedom for a term of up to two years or a fine. Article 1502. Fraudulent Obtaining of Credits or Subsidies (Grants) Submission by an entrepreneur or official person of an economic subject, for the purposes of obtaining a credit or subsidies (grants), of knowingly false documents and certificates on circumstances having a substantial significance for the obtaining of a credit or subsidies (grants), no less than a wilful failure of the entrepreneur or the official person of an economic subject to inform authorized bodies on the onset of circumstances that can entail a suspension of crediting or subsidizing (granting) or a restriction of the amounts of credits or subsidies (grants) being provided - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for the same term with the deprivation of the right to hold definite posts or be engaged in definite activity, or a fine. Article 1503. False Bankruptcy Submission by an entrepreneur or official person of an economic subject of knowingly false documents with the purpose of declaring of the economic subject insolent or bankrupt (a false bankruptcy) - shall be punishable with the deprivation of freedom for a term of up to three years with or without the deprivation of property. The same actions if they have entailed the causing of especially grand damage or other grave consequences - shall be punishable with the deprivation of freedom for a term of up to five years with the confiscation of property. Article 1504. Persistent Bankruptcy Wilful concealment by an entrepreneur who is an insolvent debtor or by an official person of an economic subject who is an insolvent debtor of his economic insolvency by submitting information that does not correspondent to the reality, forging documents, misrepresenting accounting records or by other methods, if such actions have caused to the creditors a grand material damage (persistent bankruptcy) - shall be punishable with the deprivation of freedom for a term of up to three years, or corrective labour for a term of up to two years with the deprivation of the right to hold definite posts or be engaged in definite activity, or a fine. Article 1505. Frustration of Reimbursement of Losses to the Creditor Concealment, sale or destruction of one's own property in a grand amount by an entrepreneur of official person of an economic subject who faces an economic insolvency or bankruptcy with the purpose of frustrating or reducing reimbursement of losses of the creditor - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for the same term, or a fine. Article 1506. Speculation Buying-out at enterprises (in organizations) of the state trade or consumer cooperation of the Republic of Belarus of commodities designated to be sold to the population through retail trade, and resale of such commodities with the purpose of profits (speculation) - shall be punishable with the deprivation of freedom for a term of up to three years with or without the confiscation of property, or corrective labour for a term of two years, or a fine. Speculation committed in grand amounts or an a preliminary agreement by a group of people no less than by a worker of trade - shall be punishable with the deprivation of freedom for a term of up to six years with the deprivation of property, or a fine. Article 151. Violation of the Procedure of the Performance of Entrepreneurial Activity Entrepreneurial activities carried on without the state registration or without a special permission (licence), if such actions have been committed within one year after an administrative penalty has been imposed for a similar violation, or with the obtaining of an income in a grand amount - shall be punishable with the deprivation of freedom for a term of up to three years, or the deprivation of the right to hold definite posts or be engaged in definite activity for a term of up to five years, or a fine. The same actions committed on a preliminary agreement by a group of persons, or with the obtaining of income in especially grand amount, or by a person who has been previously convicted for crimes envisaged in the present Article - shall be punishable with the deprivation of freedom for a term of three to seven years with or without the deprivation of property, or a fine with or without the deprivation of the right to hold definite posts or be engaged in definite activity for a term of up to five years. Article 1511. Excluded Article 1512. Excluded Article 1513. Violation of the Anti-monopoly Legislation Evasion by an official person of a body of management or of an economic subject of the fulfillment, or inadequate or untimely fulfilment by him, of instructions of anti-monopoly bodies, as well as a failure to submit information to these bodies (documents, written or oral explanations) or a submission of knowingly false information, required for the anti-monopoly bodies to exercise their functions, if committed within one year after an administrative penalty has been imposed for similar violations - shall be punishable with the deprivation of freedom for a term of up to two years with the deprivation of the right to hold definite posts or be engaged in definite activity, or a fine. Article 1514. Establishment and Maintenance of Monopoly Prices Establishment and maintenance of monopoly prices by way of an agreement of entrepreneurs or official persons of economic subjects on the activities on the joint market or by way of an agreement of the same persons on the division of the markets, if committed within one year after an administrative penalty has been imposed for similar violations - shall be punishable with the deprivation of freedom for a term of up to two years with the deprivation of the right to hold definite posts or be engaged in definite activity, or a fine. Wilful establishment and maintenance of monopoly prices, connected with an application of violence or a threat in relation to the competitors - shall be punishable with the deprivation of freedom for a term of three to seven years with the confiscation of property and with or without the deprivation of the right to hold definite posts or be engaged in definite activity. Article 1515. Unfair Competition Abuse by an entrepreneur or official person of an economic subject of his dominating position at the market, including by restricting or discontinuing the production or withdrawing from the circulation of products (commodities, work, services) for making them in deficit, a conclusion and fulfilment of agreements on the division of the markets, removal of other economic subjects from the markets or on other conditions that restrict competition substantially, committing of other actions aimed at infringing upon legal interests of the person carrying on similar activities, and of consumers if committed within one year after an administrative penalty has been imposed for similar violations - shall be punishable with the deprivation of freedom for a term of up to two years with or without the confiscation of property or a fine. Actions envisaged in part one of this Article committed with an application of violence or a threat, or by an organized group, or a person who has been previously convicted for crimes envisaged by the present Article or Articles 1513, 1514 of this Code - shall be punishable with the deprivation of freedom for a term of two to five years with the confiscation of property. Article 152. Illegal Use of Trademarks Illegal use of somebody else's trademark - shall be punishable with corrective labour for a term of up to six months or a fine of up to one thousand five hundred roubles.* -------------------------- * In accordance with the 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) references to the specific amounts of the fines have been excluded from this Code, except Articles 67 and 152. Article 1521. Illegal Use of Business Reputation of a Competitor Wilful violation by an entrepreneur or official person of an economic subject of the fair competition rules by the use of a trademark or the name of another economic subject, a service mark, the name of the firm, the marking of commodities of a competitor or by copying industrial specimens of the competitor or committing of other actions causing a mixing of products (commodities, work, services) or activities with products or activities of the competitor - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for a term of up to one year, or a fine. Article 1522. Discrediting of Business Reputation of a Competitor Spreading by an entrepreneur of official person of an economic subject through mass media, in advertising or other publications of knowingly false information inflicting harm to the business reputation of a competing economic subject - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for the same term, or a fine. Article 1523. Spreading of False Information on Products (Commodities, Work, Services) Wilful spreading of false information or an application of advertising misleading the consumer about the quality, quantity, composition, method of fabrication or other characteristics of the products (commodities, work, services) - shall be punishable with corrective labour for a term of up to two years, or a fine. The same actions in relation to products (commodities, work, services) if the may cause harm to the health of the consumers - shall be punishable with the deprivation of freedom for a term of up to three years with the deprivation of the right to hold definite posts or be engaged in definite activity. Article 1524. Frustration of Public Sales Committing for lucrative purposes of actions which have frustrated public sales (auctions) to the detriment of the owner of the property or of another economic subject for the benefit of which the sales are carried on - shall be punishable with corrective labour for a term of up to six months or a fine. Article 1525. Commercial Bribery The obtaining by a worker of an economic subject who is not an official person of material values or of services of the property nature for an action (omission) in the interests of the giver, connected with the work which is performed by this person and which is known in advance to be able to cause harm to the interests of the owner of the enterprise or to his clients - shall be punishable with the deprivation of freedom for a term of up to three years with or without the confiscation of property, or corrective labour for a term of two years, or the deprivation of the right to hold definite posts or be engaged in definite activities, or a fine. Article 153. Deception of Buyers and Customers Incorrect measuring, weighing, calculation, an exceeding of the established retail prices as well as of prices and tariffs for communal and home services rendered to the population, or other deception of buyers and customers in shops and at other trade enterprises or public catering enterprises, communal service enterprises and communal facilities - shall be punishable corrective labour for a term of up to two years, or a fine, or the deprivation of the right to hold definite posts or be engaged in definite activities for a term of two to five years. The same actions committed on a preliminary agreement by a group of persons or in grand amounts or by persons who have been previously convicted for the same crimes - shall be punishable with the deprivation of freedom for a term of two to seven years with or without the confiscation of property with the deprivation of the right to hold definite posts or be engaged in definite activities for a term of two to five years. Article 154. Issue for Sale of Substandard, Non-standard and Incomplete Commodities Repeated issue or an issue in grand amounts for the purpose of sale at trade enterprises of knowingly substandard, non-standard or incomplete commodities by the manager of the shop, warehouse, store, section no less than by a commodity expert or a quality inspector - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for the same term, or a fine, or the deprivation of the right to hold the above posts. Article 155. Fabrication, Storage with the Purpose of Sale or Sale of Strong Home-Made Alcoholic Beverages Fabrication or storing with the purpose of sale of home-made strong alcoholic beverages or fabrication or storing for the purpose of sale of distilling devices, no less than sale of the above alcoholic beverages or devices - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for a term of up to one year, or a fine. The same actions committed by a person who has been previously convicted for crimes envisaged by the present Article - shall be punishable with the deprivation of freedom for a term of up to three years, or corrective labour for a term of up to two tears. Article 156. Violation of the Rules of Trade in Alcoholic Beverages Violation by workers of trade and public catering enterprises (organizations) of the rules of trade in vodka and other alcoholic beverages, committed by a person who has been, within one year, subjected to an administrative penalty for the above violation - shall be punishable with corrective labour for a term of up to two tears or a fine with the deprivation of the right to work at trade and public catering enterprises (organizations) for a term of three to five years. Article 1561. Obtaining of Illegal Remuneration from Citizens for the Fulfilment of Work Connected with the Services Rendered to the Population Obtaining by the worker of an enterprise, institution or organization, who is not an official person, by extorting an illegal remuneration from a citizen for the performance of work or rendering of services in the sphere of trade, public catering, communal, medical, transport or other services rendered to the population, which are included into the official duties of such worker - shall be punishable corrective labour for a term of up to one year or a fine. The same actions committed repeatedly or in grand amounts - shall be punishable with the deprivation of freedom for a term of up to three years or a fine. Article 1562. Violation of the Trade Rules Violation of the trade rules, that is, sale of commodities or medicaments from stores, bases, auxiliary rooms of state communal-service, trade (public catering), health enterprises (organizations) or when they are being delivered to the place of keeping (realization), no less than concealment of commodities or medicaments from buyers, if committed within one year after an administrative penalty has been imposed for similar violations, or for lucrative or other personal interests - shall be punishable with the deprivation of the right to hold definite posts or be engaged in definite activities for a term of up to five years or a fine. The same actions committed on a preliminary agreement by a group of persons or in grand amounts - shall be punishable with the deprivation of freedom for a term of up to three years or with the deprivation of the right to hold definite posts or be engaged in definite activities for a term of up to five years, or a fine. Article 1563. Excluded Article 157. Forgery of Postal Payment Notes and Travel Tickets Forgery of post stamps or other notes of postal payment, or international return coupons, no less than the use or issue for circulation of forged post stamps or other postal payment notes, or international return coupons - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for the same term. Fabrication or sale of forged tickets or other documents for travel of passengers or transportation of cargo - shall be punishable with the deprivation of freedom for a term of up to three years. Article 158. Violation of Veterinary Rules Violation of veterinary rules which has entailed a spreading of contagious diseases of animals or other grave consequences - shall be punishable with the deprivation of freedom for a term of up to three years, or corrective labour for a term of up to two years. Article 159. Violation of the Rules Established for Combating Plant Diseases and Pests Violation of the rules established for combating plant diseases and pests which has entailed grave consequences - shall be punishable with the deprivation of freedom for a term of up to one year, or corrective labour for the same term, or a fine. Article 160. Carrying on of Forbidden Types of Entrepreneurial Activities Carrying on forbidden types of entrepreneurial activities if such actions have been committed within one year after an administrative penalty has been imposed for a similar violation or with the obtaining of income in a grand amount - shall be punishable with the deprivation of freedom for a term of up to three years, or corrective labour for a term of one to two years, or the deprivation of the right to hold definite posts or be engaged in definite activities for a term of up to five years, or a fine. The same actions committed on a preliminary agreement by a group of persons or with the obtaining of incomes in especially grand amounts, or by a person who has been previously convicted for crimes envisaged in this Article - shall be punishable with the deprivation of freedom for a term of one to seven years with or without the confiscation of property, and the deprivation of the right to hold definite posts or be engaged in definite activities for a term of up to five years. Article 1601. Concealment, Decrease of Profits and Incomes Concealment or deliberate decrease of profits, incomes or other objects of taxation, evasion of a submission of a declaration on incomes subject to the income tax, committed within one years after an administrative penalty has been imposed for similar violations, no less than concealment or decrease of profits or incomes entailing a causing of damage in grand amount - shall be punishable with the deprivation of freedom for a term of up to three years with or without the deprivation of the right to hold definite posts or be engaged in definite activities for a term of up to five years, or a fine. The same actions which have entailed a causing of a damage in especially grand amounts - shall be punishable with the deprivation of freedom for a term of one to seven years with or without the confiscation of property and the deprivation of the right to hold definite posts or be engaged in definite activities for a term of up to five years. Article 161. Illegal Carrying of Fishery or Other Water-Related Operations Illegal carrying on of fishery or other water-related operations in rivers, lakes, ponds, water reservoirs without an appropriate permission to do such or at prohibited period or at prohibited places or with the use of disallowed tools, methods or techniques - shall be punishable with the deprivation of freedom for a term of up to one year, or corrective labour for the same term, or a fine with or without the confiscation of the catch, tools of catching and navigation craft with their accessories. The same actions if they been committed anew or are connected with a catch or killing of valuable species of fish or water animals, or with a causing of a great damage - shall be punishable with the deprivation of freedom for a term of up to four years with or without the confiscation of property. Article 162. Carrying On of Timber Floating or Performance of Explosive Operations with Violation of the Fishery Stock Protection Rules Carrying on of timber floating or explosive operations with a violation of the rules established for the protection of fish stocks - shall be punishable with corrective labour for a term of up to six months, or a fine. Article 163. Illegal Hunting Hunting without an appropriate permission or at prohibited places or prohibited period using prohibited tools or methods, if such actions have been committed after administrative penal measures have been applied for a similar violation - shall be punishable with the deprivation of freedom for a term of up to one year, or corrective labour for the same term, or a fine with the confiscation of the catch, rifles and other tools of hunting. Hunting of animals and birds which are totally prohibited to do this, or illegal hunting that has caused a great damage, or hunting on the territory of a state reserve or with the use of automobile transport means - shall be punishable with the deprivation of freedom for a term of up to three years with the confiscation of the catch, rifles and other tools of hunting. Article 1631. Excluded Article 164. Damaging of Sown Crops Deliberate damage of sown crops as well as deliberate damage of field-protection woods, fruit and berry as well as other plants if it has caused a great damage - shall be punishable with corrective labour for a term of up to two years or a fine. Article 165. Illegal Cutting of Wood Illegal cutting of trees and shrubs and bushes in the first-group woods having water-protection, sanitary-and-hygienic or climate-protection importance, or in woods of the reserves, national and natural parks, reserved parts of the woods, woods of scientific or historic importance, monuments of nature, forest parks, if the amount of damage exceeds twenty minimum salaries, and in other woods referred to the first group - if the amount of the damage exceeds thirty minimum salaries according to the rate established for computing the amounts of collection for the damage caused by an illegal cutting or damage of trees, bushes and shrubs, as well as a cutting of trees, bushes and shrubs in the above woods if this has entailed a damage in a smaller amount, but if committed anew - shall be punishable with the deprivation of freedom for a term of up to one year, or corrective labour for a term of up to one year, or a fine. The same actions which have caused a great damage as well as a destruction of trees, bushes and shrubs registered in the Red Book - shall be punishable with the deprivation of freedom for a term of two to five years, or corrective labour for a term of one to two years, or a fine. Chapter 12. MALFEASANCE IN OFFICE Article 166. Abuse of Power or of Office An abuse of power or abuse of office, that is, deliberate use by an official person of his official position to the detriment of the office, if it has been committed for lucrative or other personal interests and has caused a great damage or a substantial harm to rights and legal interests of the citizens or to state or public interests - shall be punishable with the deprivation of freedom for a term of up to three years, or corrective labour for a term of up to two years, or the dismissal from the post. An abuse of power or of office, if it has been committed by a person holding a responsible post or when performing functions of destatization or privatization of state property, or has caused grave consequences - shall be punishable with the deprivation of freedom for a term of up to eight years. N o t e: Official persons (officials) as used in the Articles of this Code shall mean: representatives of power (authorities), that is, civil servants entitled, within their competence, to give instructions, orders and take decisions in respect of persons who are not their official subordinates; representatives of the public, that is, persons who are not civil servants but who exercise, according to the established procedure, authorities of representatives of power when performing duties for the protection of the public order, combating of offenses, administration of justice; persons who hold, permanently or temporarily, in institutions, organizations or at enterprises (irrespective of their form of property) posts connected with the execution of organizational-and-managerial or administrative-and-managerial duties, or persons who are authorized, according to the established procedure, to perform legal actions. Official persons (officials) holding responsible posts, as used in the Articles of this Code, shall mean leaders of the supreme bodies of state power and government of the Republic of Belarus and their deputies, heads of ministers, departments, other state bodies subordinated to the Supreme Soviet of the Republic of Belarus or to the Council of Ministers of the Republic of Belarus and their deputies, heads of executive and managerial bodies of the local Soviets of People's Deputies* and their deputies, judges, prosecutors and their deputies, heads of departments (offices) of the Committee of State Security of the Republic of Belarus and their deputies, heads of departments (offices) of internal affairs and their deputies. --------------------- * In accordance with the Constitution of the Republic of Belarus which entered into force as of March 30, 1994 local representative bodies of power shall be named "local Soviets of Deputies". Article 166.1. Non-feasance of Power Deliberate non-feasance (omission) or inappropriate performance by a representative of power of official actions which he should have and could have performed by force of official duties imposed on him, if this has entailed the causing of a great damage or a substantial harm to the rights and legal interests of citizens or to state or public interests or has been connected with the connivance at a crime shall be punishable with the deprivation of freedom for a term of up to three years, or corrective labour for a term of up to two years, or the deprivation of the right to hold definite posts for a term of up to five years, or a fine. Article 167. Excess of Power or of Official Authorities Excess of power or official authorities (powers), that is, a deliberate committing by an official person (official) of actions obviously exceeding the limits of rights and powers given to him by the law, if it has resulted in a great damage or a substantial harm caused to the rights and legal interests of the citizens or to state or public interests - shall be punishable with the deprivation of freedom for a term of up to three years, or corrective labour for a term of up to two years, or the dismissal from the post. Excess of power or official authorities, if it has been accompanied by violence, application of weaponry or actions which are tormenting or humiliating to the personal dignity of the sufferer, as well as committed by a person holding a responsible post - shall be punishable with the deprivation of freedom for a term of three to seven years with the deprivation of the right to hold definite posts. Article 168. Neglect of Duties Omission or inappropriate performance by an official person (official) of his official duties because of negligent attitude to their performance, if it has entailed, through carelessness, the causing of especially great damage or a substantial harm to the rights and legal interests of the citizens or to state or public interests - shall be punishable with the deprivation of freedom for a term of up to three years, or corrective labour for a term of up to two years, or a fine, or the dismissal from the post. Article 169. Receiving of a Bribe Receiving of a bribe, that is, a knowingly illegal acceptance by an official person of material values or an acquisition of benefits of the property nature provided to him exclusively in view of his official post for a support or connivance in office, a favourable solution of issues within his competence, or for a performance or a failure to perform in the interests of the person giving the bribe of any action which this person should have or could have performed using his official post - shall be punishable with the deprivation of freedom for a term of up to ten years with the confiscation of property. The same actions committed on a preliminary agreement by a group of persons or repeatedly or if connected with an extortion of a bribe, or receiving of a bribe in a great amount - shall be punishable with the deprivation of freedom for a term of five to fifteen years with the confiscation of property. Actions envisaged by parts one and two of this Article committed by an official person holding a responsible post, or by a person who has been previously convicted for bribery or who has received a bribe in especially grand amount - shall be punishable with the deprivation of freedom for a term of eight to fifteen years with the confiscation of property. Article 1691. Intermediation in Bribery Intermediation in bribery, that is, a direct passing of a bribe from the bribegiver to the bribetaker - shall be punishable with the deprivation of freedom for a term of two to eight years. Intermediation in bribery committed repeatedly or by a person who has been previously convicted for bribery or who has used his official post - shall be punishable with the deprivation of freedom for a term of seven to fifteen years with the confiscation of property. Article 170. Giving of a Bribe Giving of a bribe - shall be punishable with the deprivation of freedom for a term of three to eight years. Giving of a bribe repeatedly or by a person who has been previously convicted for bribery - shall be punishable with the deprivation of freedom for a term of seven to fifteen years with or without the confiscation of property. A person who has given a bribe shall be exempted from criminal liability if he has been forced to give bribe or if this person, after the giving of the bribe, has voluntarily informed about the happening. Article 171. Forgery in Office Forgery in office, that is, introduction by an official person or another authorized person of knowingly false information or records into official documents, a falsification, as well as a making or issue of knowingly false documents which have been committed for lucrative or other person interests with no signs of a graver crime - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for the same term, or the dismissal from the post. Article 1711. Concealment of, or Refusal to Present, Official Documents Deliberate concealment of, or a refusal to present by a person, which works (performs his service) at an enterprise, institution, organization (irrespective of the form of property and conditions of economic management), official documents on the state, official or economic activities to representatives of the bodies of prosecution, internal affairs, state security, court, financial or other bodies of control - shall be punishable with a fine with the deprivation of the right to hold definite posts or be engaged in definite activity. Chapter 13. CRIMES AGAINST JUSTICE Article 172. Bringing to Criminal Responsibility of a Knowingly Innocent Person Bringing of a knowingly innocent person to criminal responsibility by a person instituting the inquiry, an investigator or a prosecutor - shall be punishable with the deprivation of freedom for a term of up to three years. The same actions connected with accusation of a special dangerous crime against the State or other grave crime, or with an artificial creation of proofs of accusation - shall be punishable with the deprivation of freedom for a term of three to ten years. Article 1721. Interference into the Settlement of Judicial Cases Influencing in whatever the form may be of judges or people's assessors with the purpose of preventing an all-round, complete and objective consideration of a concrete case or making an unlawful judicial solution - shall be punishable with corrective labour for a term of up to one year or a fine. The same actions committed with the use of the official post - shall be punishable with the deprivation of freedom for a term of up to three years, or corrective labour for a term of one to two years. Article 1722. Threat in Relation to a Judge or a People's Assessor A treat with killing, violence or destruction of property in relation to a judge or a people's assessor no less than to their close relations in connection with the administration of justice by the judge or the people's assessor - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for the same term. Article 1723. Insult of a Judge or a People's Assessor Insult of a judge or a people's assessor in connection with their activities for the administration of justice - shall be punishable with corrective labour for a term of up to one year or a fine. Article 173. Passing of a Knowingly Illegal Sentence, Decision, Ruling or Decree Passing by judges of a knowingly illegal sentence, decision, ruling or decree - shall be punishable with the deprivation of freedom for a term of up to three years. The same actions which have entailed grave consequences - shall be punishable with the deprivation of freedom for a term of three to ten years. Article 174. Knowingly Illegal Arrest or Detention A knowingly illegal arrest - shall be punishable with the deprivation of freedom for a term of up to one year. A knowingly illegal detention - shall be punishable with corrective labour for a term of up to one year or the dismissal from the post. Article 175. Forcing to the Giving of Evidence Forcing to the giving of evidence by using threats or other illegal actions on the part of the person making inquiry or preliminary investigation - shall be punishable with the deprivation of freedom for a term of up to three years. The same actions connected with the use of violence or brutal mockery in relation to the person being interrogated - shall be punishable with the deprivation of freedom for a term of three to ten years. Article 176. Knowingly False Information A knowingly false information about the committing of a crime - shall be punishable with the deprivation of freedom for a term of up to two years, or corrective labour for the same term. The same actions connected with an accusation of a special dangerous crime against the State or another grave crime or with an artificial creation of the proofs of accusation, no less than committed for lucrative purposes - shall be punishable with the deprivation of freedom for a term of two to seven years. Article 177. Knowingly False Evidence A knowingly false evidence by a witness, the sufferer or a knowingly false conclusion by an expert, as well as a knowingly incorrect translation made by the interpreter in the court or during the execution of the preliminary investigation or inquiry- shall be punishable with the deprivation of freedom for a term of up to one year, or corrective labour for the same term. The same actions connected with an accusation of a special dangerous crime against the State or another grave crime or with an artificial creation of proofs of accusation, no less than committed for lucrative purposes - shall be punishable with the deprivation of freedom for a term of two to seven years. N o t e : Responsibility for crimes envisaged in Articles 177, 178, 185 and 186 of this Code shall not applied to close relations of the person who has committed crimes enumerated in paragraph 9 of Article 22 of the Criminal Procedural Code of the Republic of Belarus. Article 178. Refusal of a Witness or the Sufferer from Giving Evidence or of an Expert or Interpreter from Performing the Duties Imposed on Them Refusal of a witness or the sufferer from giving evidence or refusal of an expert or interpreter without justified grounds from performing at the court, bodies of preliminary investigation or inquiry the duties imposed on them - shall be punishable with corrective labour for a term of up to six months or a fine. Article 179. Prevention of the Appearance of a Witness, the Sufferer or of Their Giving Evidence, Forcing of Them or of an Expert to the Refusal from Giving Evidence or a Conclusion, or to Giving of False Evidence or a Conclusion Prevention of the appearance of a witness, the sufferer to the court, bodies of preliminary investigation or inquiry, or of their giving evidence - shall be punishable with corrective labour for a term of up to six months or a fine. Forcing of a witness, the sufferer or an expert to an abandonment of evidence or to a refusal of giving the conclusion, to the giving of knowingly false evidence or conclusion through a threat of killing, violence, destruction of the property of these persons or of their near people, a disclosure of information which these persons wish to retain secret, no less than a bribery of a witness, the sufferer of an expert for the same purpose or a threat to commit the above actions out of vengeance for the previously given evidence or the conclusion - shall be punishable with the deprivation of freedom for a term of up to four years or corrective labour for a term of up to two years. __104_0--------------------------------------------------- CL__3------------------------------------------------------- __104_0--------------------------------------------------- ### SEE PART 5 FOR CONTINUE ###

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