of July 20, 2022 No. 199-Z
About change of the Code of penal procedure of the Republic of Belarus
Accepted by the House of Representatives on June 24, 2022
Approved by Council of the Republic on June 28, 2022
Article 1. Bring in the Code of penal procedure of the Republic of Belarus of July 16, 1999 the following changes:
1. In Article 6:
add Article with Item 38-1 of the following content:
"38-1) special production - criminal proceeding concerning the person accused who is outside the Republic of Belarus and evades from appearance in the body conducting criminal procedure;";
add Article with Item 44-1 of the following content:
"44-1) court of cassation instance - the court considering in cassation procedure criminal case according to the claim or protest of persons authorized by this Code to the sentence, determination or the court order of the first instance which took legal effect, and (or) determination of Appeal Court;";
state Item 45 in the following edition:
"45) Supervisory Court - the court considering in supervising procedure criminal case according to the claim or protest of persons authorized by this Code to the sentence, determination or the court order of the first instance which took legal effect, and (or) determination of Appeal Court, and (or) determination (resolution) of court of cassation instance, and in the cases established by this Code - and on determination of Supervisory Court;".
2. In Article 13:
in the name of Article "personal" to replace the word with the word "private";
regarding 1 word "personal" to replace with the word "private".
3. To state part 4 of Article 32 in the following edition:
"4. Consideration of criminal cases in appellate instance is performed as a part of three judges, except for the case provided by part 2 of article 379 of this Code, and in cassation, supervising instances - as a part of at least three judges.".
4. "Appeal" to add Item 3 of part 1 of article 33 after the word with the word", cassation".
5. Add Article 34 with part 10 of the following content:
"10. By cassation or supervising consideration of criminal case the prosecutor has the right to declare branches and petitions; ask questions to the been participants of criminal procedure; express opinion on actions of other participants of process, and also on the questions resolved by court; express opinion according to the submitted claims, and also on legality of sentence, determination, the court order; draw the conclusion on the criminal case considered in cassation procedure on protest of the Chairman of the Supreme Court of the Republic of Belarus or his deputies, chairmen regional, Minsk city courts or in supervising procedure on protest of the Chairman of the Supreme Court of the Republic of Belarus or his deputies; receive the copy of cassation or supervising determination (resolution); use other powers conferred to it by this Code.".
6. 2 Articles 43, Items 12 and 15 of part of 1 Article 48, Items 10 and 14 of part of 1 Article 50, Items 10 and 12 of part of 1 Article 55, Item 13 of part 1 of Article 57 and Item 11 of part 1 of article 59 after the word "appeal" to add part Items 17 and 21 with the word", cassation".
7. In Article 45:
add part 1 with Item 9 of the following content:
"9) concerning the person accused the decree on carrying out special production is issued.";
add part 2 with words ", pronouncement of the resolution on carrying out special production".
8. To add part 3 of article 47 after figure "7" with the words "and 9".
in Item 9 of the word "appeal and" shall be replaced with words "appeal, cassation,";
"appeal" to add Item 11 after the word with the word", cassation".
10. Regarding 1 Article 57-2:
in Item 11 of the word of "appellate instance" shall be replaced with words "appeal, cassation instances";
"appeal" to add Item 14 after the word with the word", cassation".
11. State Article 78 in the following edition:
"Article 78. Inadmissibility of repeated participation of the judge in consideration of criminal case
1. The judge checking legality and justification of detention, detention and house arrest or prolongation of term of detention, house arrest cannot participate in consideration of the same case in Trial Court, in appeal, cassation or supervising procedure.
2. The judge who was taking part in consideration of criminal case in Trial Court cannot participate in consideration of this case in appeal, cassation or supervising procedure, and is equal in new trial of case in Trial Court in case of the cancellation of sentence or determination (resolution) on suit abatement decided (taken out) with its participation.
3. The judge who was taking part in consideration of criminal case in Appeal Court cannot participate in consideration of this case in Trial Court, in cassation or supervising procedure, and is equal in new trial of case in Appeal Court after cancellation of determination (resolution) which is taken out with its participation.
4. The judge who was taking part in consideration of criminal case in cassation procedure cannot participate in consideration of the same case in Trial Court, in appeal or supervising procedure.
5. The judge who was taking part in consideration of criminal case in supervising procedure cannot participate in consideration of the same case in Trial Court, in appeal or cassation procedure.".
12. In part 6 of Article 145 of the word "procedure for supervision authorized on the persons specified in Article 404" shall be replaced with words "cassation procedure authorized on the persons specified regarding 3rd Article 405".
13. In Article 147 of the word of "Chapter 42" shall be replaced with words "Chapters 42 and 42-1".
14. To add part 1 of Article 165 with Item 5 of the following content:
"5) the person accused concerning whom the decree on carrying out special production is issued.".
15. To state part 4 of Article 227 in the following edition:
"4. To the direction of the resolution on purpose of examination for execution the investigator, person making inquiry shall acquaint with it the suspect, the person accused, except as specified, when the person accused is wanted, their legal representatives, and also subjected to examination of the victim and witness. In case concerning the person accused the decree on carrying out special production is issued, to its direction for execution the investigator shall inform the counsel for the accused of the resolution on purpose of examination. The investigator, person making inquiry in case of acquaintance with the resolution on purpose of examination shall explain to the specified participants of process of their right, stipulated in Clause the 229th of this Code. About it the protocol which is signed by the investigator, person making inquiry and person informed of the resolution is constituted.".
16. Part 1 of article 238 after the word to "person accused" to add with the words "except for the person accused concerning whom the decree on carrying out special production is issued".
17. In Article 257:
add part 1 with the offer of the following content: "In case concerning the person accused the decree on carrying out special production is issued, criminal case is shown to the defender.";
add part 3 with words "and in case concerning the person accused the decree on carrying out special production is issued, - to the defender".
18. To add part 1 of Article 280-1 with item 4 of the following content:
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.