LAW OF THE REPUBLIC OF BELARUS

of May 26, 2021 No. 112-Z

About change of codes concerning criminal liability

Accepted by the House of Representatives on May 7, 2021

Approved by Council of the Republic on May 7, 2021

Article 1. Bring in the Criminal code of the Republic of Belarus of July 9, 1999 the following changes:

1. In Article 4:

to add Item 7 of part 5 after words of "tax authorities" with words ", bodies and divisions for emergency situations";

add Article with part of 14-1 following content:

"14-1. The crime committed repeatedly is understood as the crime which is commited by person, earlier made any of the crimes provided by the same Article or Articles which are specially stipulated (specified) in the Special part of this Code. The crime is not recognized repeated if person was exempted for earlier committed crime from criminal liability or the criminal record for this crime was extinguished or removed in the procedure established by the law.";

to add part 17 after the words "imprisonments" with the words "for certain term (further if other is not provided,-imprisonment)";

add Article with part 18 of the following content:

"18. Computer information is understood as the information which is stored in computer system, network or on machine carriers, processed by computer system or transferred in space by means of any program technical means.".

2. In part 5 of Article 12, the name, part 1, paragraph one of part 2, parts 3 and 4 of Article 58, speak rapidly 3 Articles 59, of part 5 of Article 73, of part 5 of Article 83, of part 4 Articles 84, of part 2 Articles 106, the paragraph the second part 2 Articles 122, the paragraph the second part 2 Articles 124, the paragraph the second part 3 Articles 126, the paragraph the second Articles 128, the paragraph the second Articles 134, the paragraph the second part 3 Articles 135, the paragraph the second part 2 Articles 139, the paragraph the second part 3 Articles 289, the paragraph the second part 3 Articles 357, the paragraph the second part 2 of Article 359 and the paragraph the second part 2 of Article 360 the word "conclusion" shall be replaced with words "imprisonment" in the corresponding case.

3. Regarding the 2nd Article 27:

state Item 11-1 in the following edition:

"11-1) plunder of property by modification of computer information (Article 212);";

to add Item 13 after the word "damage" with the word of "stranger";

exclude Item 22.

4. State Article 33 in the following edition:

"Article 33. The acts attracting criminal liability on demand

1. The acts containing signs of crimes:

1) intentional causing less heavy bodily harm (part of 1 Article 149);

2) intentional causing heavy or less heavy bodily harm in the heat of passion (Article 150);

3) intentional causing heavy or less heavy bodily harm in case of exceeding of the measures necessary for detention of person who committed crime (Article 151);

4) intentional causing heavy bodily harm in case of exceeding of limits of justifiable defense (Article 152);

5) intentional causing slight injury (Article 153);

6) torture (part of 1 Article 154);

7) causing heavy or less heavy bodily harm on imprudence (Article 155);

8) rape (part of 1 Article 166);

9) violent acts of sexual nature (part of 1 Article 167);

10) compulsion to actions of sexual nature (part of 1 Article 170);

11) disclosure of secrecy of adoption (adoption) (Article 177);

12) disclosure of medical secret (parts 1 and 2 of Article 178);

13) coercion (Article 185);

14) threat of murder, causing heavy bodily harms or destruction of property (Article 186);

15) slander (Article 188);

16) copyright violation, related rights and right of industrial property (Article 201);

17) violation of inviolability of home and other legal ownerships of citizens (part of 1 Article 202);

18) violation of mystery of correspondence, telephone negotiations, cable or other messages (part of 1 Article 203);

19) illegal actions concerning information on private life and personal data (part of 1 Article 2031);

20) refusal in provision to the citizen of information (Article 204);

21) causing property damage without plunder signs (part of 1 Article 216);

22) illegal alienation of entrusted property (Article 217);

23) intentional destruction or damage of alien property (part of 1 Article 218);

24) destruction or damage of alien property on imprudence (Article 219);

25) evasion from repayment of accounts payable (Article 242);

26) coercion to transaction or to refusal of its making (part of 1 Article 246);

27) disclosure of trade secret (Article 255);

28) violation of safety rules or operation of small size vessels (part of 1 Article 316);

29) road traffic offense or operation of vehicles (part of 1 Article 317);

30) abuse of regulations, ensuring safe functioning of transport (part of 1 Article 321);

31) plunder or destruction of personal papers (Article 378);

32) coercion to accomplishment of obligations (part of 1 Article 384),

attract criminal liability only in the presence of the expressed in the procedure for the requirement of person, victim of crime, any of his full age close relatives or family members established by the criminal procedure law in the cases provided by the criminal procedure law or his legal representative or the representative of the legal entity to bring the guilty person to trial.

2. The prosecutor has the right to bring criminal case on signs of making of the crimes specified in this Article, only in the cases provided by the criminal procedure law.

3. Provisions of parts 1 and 2 of this Article are applied also in the cases provided by part of 6 notes to Chapter 24 and the note to Chapter of 31 of this Code.".

5. In Article 34:

part 2 after the word of "health" to add with words "property, dwellings,";

add Article with part 4 following of content:

"4. Are not exceeding of limits of justifiable defense of action of the defending person if this person owing to unexpectedness of encroachment could not estimate nature and danger of encroachment objectively.".

6. In Article 35:

in the name of Article the word "crime" shall be replaced with words "socially dangerous act";

regarding 1 word "crime" and "crimes" to replace respectively with the words "socially dangerous act provided by this Code" and "socially dangerous acts";

regarding 2 words "crime" and "crimes" to replace respectively with the words "socially dangerous act provided by this Code" and "socially dangerous act";

regarding 3 words "criminal action" shall be replaced with words "socially dangerous act provided by this Code".

7. Exclude Article 41.

8. State Article 42 in the following edition:

"Article 42. Cumulative offenses

1. Cumulative offenses are recognized making of two or more crimes provided by different Articles of the Special part of this Code or different parts of the same Article, and making of the crimes provided by the same Article of the Special part of this Code from which one are qualified as completed crime, and others - as preparation, attempt or partnership in crime of which person was not condemned for one is equal. At the same time person bears criminal liability for each committed crime under the relevant article of this Code.

2. If the crime is provided by different Articles of the Special part of this Code from which one regulation is general, and another special, cumulative offenses is absent and criminal liability comes on special regulation.".

9. State Article 48 in the following edition:

"Article 48. Types of punishments

1. The following primary punishments are applied to persons who committed crimes:

1) social jobs;

2) penalty;

3) deprivation of the right to hold certain positions or to be engaged in certain activities;

4) corrective works;

5) restriction on military service;

6) arrest;

7) restriction of freedom;

8) imprisonment for certain term;

9) lifelong imprisonment;

10) capital punishment (before its cancellation).

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

3. The penalty and deprivation of the right to hold certain positions or to be engaged in certain activities can be applied in quality not only the main, but also additional punishment.

4. The penalty and (or) deprivation of the right to hold certain positions or to be engaged in certain activities, applied as additional punishment, are specified in the Special part of this Code after the most strict of main types of punishment and can be appointed to any of the primary punishments prescribed by the sanction of the relevant article of the Special part of this Code if other is not provided by the General part of this Code, and equally is not specified in the sanction of Article of the Special part of this Code.".

10. In Article 49:

regarding 2 words of "two hundred forty" shall be replaced with words to "three hundred sixty";

exclude part 3;

add Article with parts 6 and 7 of the following content:

"6. In case of malicious evasion of the convict from serving sentence in the form of social jobs the court on representation of body to which execution of sentence is assigned can replace social jobs with arrest at the rate of one day of arrest in twenty four hours of social jobs or restriction of freedom at the rate of one day of restriction of freedom in twelve hours of social jobs. At the same time evasion time from serving sentence in the form of social jobs is not set off the served sentence in time.

7. If the convict during the term of arrest or restriction of freedom determined by court committed new crime, the court imposes to it penalty by rules, stipulated in Article 73 of this Code.".

11. State Article 50 in the following edition:

"Article 50. Penalty

1. Penalty - the cash collection appointed by court in the cases established by this Code.

2. The size of penalty is determined taking into account the size of basic size established on the date of the resolution of sentence depending on nature and degree of public danger of the committed crime and financial position of the convict and established ranging from thirty to one thousand basic sizes. For crimes against procedure of economic activity and against interests of service the size of penalty is established ranging from three hundred to five thousand basic sizes. At the same time the size of the fine which is ordered to pay to person for the crime committed by it provided by Article of the Special part of this Code containing administrative pre-judiction cannot be less maximum size of the penalty imposed administratively. Taking into account financial position of the person accused the court can order to pay fine with payment payment by installments certain parts for a period of up to five years, but at least two basic sizes monthly or with delay of its payment for a period of up to one year.

3. In case of impossibility of recovery of penalty in the absence of signs of malicious evasion from its payment the court on representation of body to which execution of sentence is assigned replaces penalty with social jobs according to article 49 of this Code.

4. In case of the malicious evasion condemned from execution of the punishment in the form of penalty court on representation of body to which execution of sentence is assigned can replace penalty with arrest at the rate of one day of arrest for ten basic sizes of penalty proceeding from the size of basic size established on the date of the resolution of sentence, but for the term of not over three months or restriction of freedom at the rate of one month of restriction of freedom for five basic sizes of penalty proceeding from the size of basic size established on the date of the resolution of sentence, but for the term of not over five years. The question of replacement of the fine which is ordered to pay as additional punishment is considered by court after departure by the convict of primary punishment.

5. If the convict during the term of arrest or restriction of freedom determined by court committed new crime, the court imposes to it penalty by rules, stipulated in Article 73 of this Code.".

12. Add Article 51 with parts 5-7 of the following content:

"5. Non-execution of the condemned prohibition established by the court verdict to hold certain positions or to be engaged in certain activities, appointed as additional punishment to corrective works and restriction of freedom, is violation of procedure and conditions of serving of punishments in the form of corrective works and restriction of freedom. At the same time replacement of the specified types of the punishments by more stiff punishment in cases prescribed by this Code does not exempt person from further serving sentence in the form of deprivation of the right to hold certain positions or to be engaged in certain activities.

6. In case of the malicious evasion condemned from serving sentence in the form of deprivation of the right to hold certain positions or to be engaged in certain activities the court on representation of body to which execution of sentence is assigned can replace deprivation of the right to hold certain positions or to be engaged in certain activities in restriction of freedom at the rate of one day of restriction of freedom in one day of deprivation of the right to hold certain positions or to be engaged in certain activities, but for the term of not over five years. At the same time evasion time from serving sentence in the form of deprivation of the right to hold certain positions or to be engaged in certain activities is not set off the served sentence in time. The question of replacement of deprivation of the right to hold certain positions or to be engaged in certain activities, appointed as additional punishment, is considered by court after departure by the convict of primary punishment.

7. If the convict during the term of restriction of freedom determined by court committed new crime, the court imposes to it penalty by rules, stipulated in Article 73 of this Code.".

13. Add Article 52 with parts 7 and 8 of the following content:

"7. In case of malicious evasion of the convict from serving sentence in the form of corrective works the court on representation of body to which execution of sentence is assigned can replace corrective works with arrest at the rate of one day of arrest in three days of corrective works, but for the term of not over three months (to person who committed crime aged up to eighteen years - for the term of not over two months) or restriction of freedom at the rate of one day of restriction of freedom in one and a half days of corrective works. At the same time evasion time from serving sentence in the form of corrective works is not set off the served sentence in time.

8. If the convict during the term of arrest or restriction of freedom determined by court committed new crime, the court imposes to it penalty by rules, stipulated in Article 73 of this Code.".

14. Regarding 1 Article 53 of the word of "military crimes" shall be replaced with words "crimes against military service".

15. Add Article 55 with parts 8 and 9 of the following content:

"8. In case of malicious evasion of the convict from serving sentence in the form of restriction of freedom the court on representation of body to which execution of sentence is assigned can replace restriction of freedom with imprisonment at the rate of one day of imprisonment in two days of restriction of freedom. At the same time evasion time from serving sentence in the form of restriction of freedom is not set off the served sentence in time.

9. If the convict during the term of deprivation of freedom determined by court committed new crime, the court imposes to it penalty by rules, stipulated in Article 73 of this Code.".

16. In Article 57:

to state the name of Article in the following edition:

"Article 57. Imprisonment for certain term";

1 after the words "of six months" to add part with words ", except for the case provided by part 8 of article 55 of this Code".

17. State Article 69-1 in the following edition:

"Article 69-1. Assignment of punishment in case of the conclusion of the pre-judicial agreement on cooperation

1. In case of accomplishment by person who committed crime, the obligations provided by the pre-judicial agreement on cooperation, the term or the amount of punishment cannot exceed half of the maximum term or the size of the type of the primary punishment prescribed by the relevant article of the Special part of this Code elected by court, and in case of committing by person of the heavy or especially serious crime integrated to infringement of life or health of the person - two thirds of the maximum term or the size of the type of the primary punishment prescribed by the relevant article of the Special part of this Code elected by court.

2. The rules provided by part of 1 this Article are not applied to person who committed crime for which the relevant article of the Special part of this Code provides lifelong imprisonment or capital punishment. In this case in case of accomplishment by person who committed crime, the obligations provided by the pre-judicial agreement on cooperation, lifelong imprisonment and capital punishment are not applied. To such person imprisonment is appointed to the term determined by the relevant article of the Special part of this Code.".

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