LAW OF THE REPUBLIC OF BELARUS

of January 9, 2019 No. 171-Z

About modification and amendments in some codes of the Republic of Belarus

Accepted by the House of Representatives on December 19, 2018

Approved by Council of the Republic on December 20, 2018

Article 1. Bring in the Criminal code of the Republic of Belarus of July 9, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 76, 2/50; 2002, No. 75, 2/861; 2003, No. 8, 2/922; No. 83, 2/974; 2004, No. 123, 2/1058; 2005, No. 74, 2/1112; 2006, No. 1, 2/1168; No. 9, 2/1194; No. 92, 2/1219; No. 107, 2/1235; No. 111, 2/1242; 2007, No. 118, 2/1309; No. 120, 2/1325; No. 160, 2/1343; No. 173, 2/1361; No. 175, 2/1371; 2008, No. 1, 2/1388; No. 184, 2/1508; No. 277, 2/1547; 2009, No. 173, 2/1594; 2010, No. 16, 2/1651; No. 120, 2/1675; No. 162, 2/1701; 2011, No. 4, 2/1775; No. 134, 2/1870; National legal Internet portal of the Republic of Belarus, 19.07. 2012, 2/1960; 23:07. 2013, 2/2058; 03:07. 2014, 2/2163; 17:01. 2015, 2/2239; 03:02. 2015, 2/2243; 26.01. 2016, 2/2354; 05:08. 2017, 2/2491; 28.07. 2018, 2/2569) following changes and amendments:

1. To state item 4 of part 4 of Article 4 in the following edition:

"4) officials of foreign states, that is persons allocated in foreign states according to the legislation of these states the powers similar specified in Items 1-3 of this part, including arbitration judges and jury members, and equally in officials of the international organizations, members of the international parliamentary meetings, judges and officials of international courts.".

2. From part 1 of Article 28 of the word "chronic" and ", temporary frustration of mentality, weak-mindedness or other disease state of mentality" to exclude.

3. To exclude from part 1 of Article 29 of the word "or intellectual backwardness".

4. Regarding 1 Article 33:

exclude Item 23;

paragraph two after the words "from crime" to add with words of "any of his full age close relatives or family members in the cases provided by the criminal procedure law".

5. In Article 46:

in paragraph one shall be replaced with words the word "Criminal" "1. Criminal";

add Article with part 2 following of content:

"2. In case of crime execution along with criminal liability, and also in case of release of person from criminal liability on the bases provided by this Code special confiscation is applied.".

6. Add the Code with Article of 461 following contents:

"Article 461. Special confiscation

1. In case of crime execution are subject to special confiscation, that is forced uncompensated taking in property of the state: the property got in the criminal way or acquired on the money earned in the criminal way; income gained from use of this property and also crime objects if they are not subject to return to the victim or the other person; tools and means of crime execution belonging to person who committed crime; the things withdrawn from circulation. Irrespective of the property right the vehicle which was managed by person who committed crime, stipulated in Article 3171 of this Code is subject to special confiscation (except for the vehicles which were disposed from legal ownership of the owner (user) in spite of himself or as a result of illegal actions of other persons).

2. If special confiscation of the property got in the criminal way or acquired on the money earned in the criminal way of income gained from use of this property at the time of decision making about special confiscation is impossible owing to loss, expenditure, destruction, realization or for other reasons, from the convict, person exempted from criminal liability in the income of the state the sum of money corresponding to property value, got in the criminal way or acquired on the money earned in the criminal way and (or) to the size of income gained from use of this property is collected. The size of the sum of money which is subject to collection is determined by court on the date of adjudgement.".

7. To state part 2 of Article 48 in the following edition:

"2. Except primary punishments, deprivation of military or special rank can be applied to persons who committed crimes as additional punishment.".

8. Part 1 of article 57 after the word of "analogs" to add with the words "or crimes against the state".

9. Exclude Article 61.

10. To exclude from Item 14 of part 1 of Article 64 of the word "or weak-mindedness".

11. State Article 75 in the following edition:

"Article 75. Rules of offsetting of terms of detention and house arrest

1. The term of detention and term of house arrest or term of stay in the receiver distributor for minors are set off by court in time punishments or term of application of enforcement power of educational nature. At the same time one day of detention or stay in the receiver distributor for minors and two days of house arrest correspond:

1) to one day of arrest or imprisonment, one day of stay of the minor in special teaching and educational or special medical and educational facility;

2) to two days of restriction of freedom;

3) to three days of corrective works or restrictions on military service;

4) to twenty four hours of social jobs.

2. In case of assignment of punishment, 1 this Article which is not mentioned in part, court, considering the term of detention and term of house arrest, can commute respectively penalty or completely exempt the guilty person from its serving.".

12. In Article 80:

from part 2 words", suspension, renewal" to exclude;

state part 9 in the following edition:

"9. In case of condemnation of person behind which preventive supervision was established to punishment in the form of restriction of freedom, arrest or the direction it in medical and labor dispensary preventive supervision stops from the date of the beginning of term of serving by this person of punishment or its stay in medical and labor dispensary and it is considered renewed from the date of the termination of term of serving of the penalty imposed to it or its stay in medical and labor dispensary respectively.";

exclude part 10.

13. To add part of 1 Article 81 after the word "crime" with the words "or the offender two or more times to custodial sanction for any intentional crimes".

14. Regarding 1 article 120 of figure "114" to replace with figures "1141".

15. To exclude from paragraph two of part 2 of Article 122 of the word "with confiscation of property or without confiscation".

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