RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of September 26, 2019 No. 3

About practice of application by courts of the regulations of the Code of penal procedure of the Republic of Belarus regulating appeal production

Having discussed results of studying and generalization of court practice, for the purpose of the correct and uniform application by courts of the criminal procedure legislation regulating appeal production, the Plenum of the Supreme Court of the Republic of Belarus DECIDES:

1. Draw the attention of courts that the correct and uniform application of the criminal procedure legislation regulating appeal production is guarantee of constitutional right of citizens for judicial protection, including the right to appeal of court decrees (Article 60 and part three of article 115 of the Constitution of the Republic of Belarus), it is designed to provide legality, justification and justice of court decrees, protection of the rights, freedoms and legitimate interests of the physical persons and legal entities participating in criminal trial to promote increase in efficiency of criminal justice.

Appeal Courts, strictly respecting the rules of the Code of penal procedure of the Republic of Belarus (further - the Code of Criminal Procedure) regulating appeal production, using the powers conferred by the law, shall provide objective check of criminal cases in full concerning all persons accused, without being limited to arguments of appeal (private) claims and protests.

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