RESOLUTION OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS

of August 3, 2006 No. 211

About approval of the Instruction on the organization of work of criminal and executive inspections

 

IT IS APPROVED Ministry on taxes and fees Republic of Belarus 25.07.2006

IT IS APPROVED Ministry of Defence Republic of Belarus 26.07.2006

IT IS APPROVED Ministry of Labour and social protection Republic of Belarus 24.07.2006

Based on the Law of the Republic of Belarus of June 9, 2006 "About modification and amendments in Criminal, Criminal procedure and Criminal and executive codes of the Republic of Belarus concerning enhancement of procedure for execution of punishments and other measures of criminal liability" the Ministry of Internal Affairs of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction on the organization of work of criminal and executive inspections (further - the Instruction).

2. Recognize to invalid:

the resolution of the Ministry of Internal Affairs of the Republic of Belarus of November 30, 2000 No. 211 "About approval of the Instruction on the organization of work of criminal and executive inspections" (The national register of legal acts of the Republic of Belarus, 2001, No. 10, 8/4528);

the resolution of the Ministry of Internal Affairs of the Republic of Belarus of September 1, 2003 No. 206 "About modification and amendments in the resolution of the Ministry of Internal Affairs of the Republic of Belarus of November 30, 2000 No. 211" (The national register of legal acts of the Republic of Belarus, 2003, No. 103, 8/9974);

the resolution of the Ministry of Internal Affairs of the Republic of Belarus of October 10, 2005 No. 320 "About modification and amendments in the Instruction on the organization of work of criminal and executive inspections" (The national register of legal acts of the Republic of Belarus, 2005, No. 174, 8/13288).

3. To provide to finance department and back of the Ministry of Internal Affairs of the Republic of Belarus production of the blanks products specified in the Instruction on requests of law-enforcement bodies.

4. To impose control of execution of this resolution on Department of execution of punishments of the Ministry of Internal Affairs of the Republic of Belarus.

5. This resolution becomes effective since October 1, 2006.

 

Approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of August 3, 2006 No. 211

Instruction on the organization of work of criminal and executive inspections

Chapter 1. General provisions

1. The instruction on the organization of work of criminal and executive inspections (further - the Instruction) is developed based on the Penitentiary code of the Republic of Belarus and determines procedure for the organization of work of criminal and executive inspectorates of law-enforcement bodies for execution of the criminal penalties which are not connected with isolation of the convict from society, and measures of criminal liability which are not connected using punishment.

2. Criminal and executive inspectorates (further - inspections) the bodies entering criminal executive system, performing punishments in the form of social jobs, deprivations of the right to hold certain positions or to be engaged in certain activities, corrective works, the restrictions of freedom without the direction in correctional facility of open type exercising control of behavior of the convicts with delay of execution of the punishment condemned with conditional non-use of punishment and the convicts without assignment of punishment (further - convicts) condemned the expectant mothers and women having the children under three years to whom serving sentence delay is applied (further - the condemned women) exempted conditional ahead of schedule, and also directing to place of serving sentence of the convicts to restriction of freedom who are by the time of the introduction of sentence in legal force on freedom.

3. Inspections carry out the work in interaction with law-enforcement bodies, prosecutor's offices, courts, tax authorities (further - inspections of the Ministry of Taxes and Tax Collection), bodies for work, employment and social protection.

4. Vessels of the mistakes or inaccuracies mentioning sentence essence regarding legitimacy of application of punishment or interfering its execution direct to inspection in case of detection in the copy of sentence which arrived for execution (determination, the resolution) to the relevant court idea of their elimination in the procedure established by the law with appendix of the materials which arrived from court without their execution. In case of detection of the mistakes or inaccuracies which are not interfering their execution take to court idea of need of introduction of corresponding changes and explanations, without stopping execution of sentence.

5. When obtaining on person staying on the registry in inspection of the copy of sentence in connection with his condemnation for new crime in which there is no specifying about accession of unexpired part of punishment on the previous sentence inspection brings in court representation for the solution of question of final measure of punishment for cumulative sentences. Execution of the first sentence at the same time does not stop.

6. Execution of sentences, resolutions and determinations of courts concerning convicts without certain residence, and also convicts whose location is not established perform inspectorates for the last place of their accommodation, and concerning the convicts exempted according to Articles 90, of 91, 119 and 120 Criminal codes of the Republic of Belarus (further - UK of the Republic of Belarus), inspectorates for the residence elected by the convict.

7. In case of absence of convicts on challenge inspection issues the decree on their forced drive in form according to appendix 1 to this Instruction.

8. Chiefs of law-enforcement bodies (further - Department of Internal Affairs):

8.1. perform daily management by inspectorates;

8.2. approve work plans of inspections;

8.3. will organize and control execution of sentences of courts by inspectorates;

8.4. provide interaction of services and divisions of Department of Internal Affairs with inspectorates for execution of sentences of courts, and also search of convicts which location is not known or evading from appearance in inspection without valid excuse. The condition of this work at least once a quarter is considered at the operational meetings;

8.5. take measures to timely substitution of staff of the inspectorates which are absent in connection with disease, study, stay on leave and other reasons.

9. Chiefs of Main Department of Internal Affairs of the Minsk city executive committee, the Departments of Internal Affairs of regional executive committees (further - the Municipal Department of Internal Affairs, the Department of Internal Affairs) at least once a half-year consider condition of interaction of services and divisions of Department of Internal Affairs with inspectorates for execution of sentences of courts, and also search of convicts which location is not known or evading from appearance in inspection without valid excuse at the operational meetings.

10. Department of execution of punishments of the Ministry of Internal Affairs of the Republic of Belarus (further - Department), managements of Department on areas and management of Department across Minsk and the Minsk region:

10.1. provide organizational and methodical management of inspections;

10.2. regularly (at least once a year) inspect activities of inspections, give them practical help;

10.3. implement positive work experience of inspections;

10.4. enhance forms and methods of work of inspections.

Chapter 2. Execution of the punishment in the form of social jobs

11. Execution of the punishment in the form of social jobs includes:

11.1. accounting of convicts;

11.2. explanation convict of procedure and conditions of serving sentence;

11.3. control of behavior of convicts;

11.4. approval of local executive and administrative organs of the list of objects on which convicts leave social jobs;

11.5. control of observance of conditions of serving sentence by convicts and execution of requirements of sentence by administration of the organizations in which convicts work;

11.6. taking measures to persons violating procedure and conditions of serving sentence is malicious evading from serving sentence;

11.7. conducting the summed-up accounting of time worked convicts.

12. In day of receipt of the court order with the copy of sentence (determination, the resolution) are registered in the magazine of incoming documents, and after imposing of the resolution by the chief of Department of Internal Affairs or its deputy - in register of convicts to social jobs according to appendix 2 to this Instruction.

In the same procedure the personal records of convicts which arrived from other inspections, in connection with change condemned residences are registered.

13. After receipt of the court order with the copy of sentence (determination, the resolution) on each convict the personal record according to appendix 3 to this Instruction is opened and the accounting card in duplicate in form according to appendix 4 to this Instruction is filled in. The first is exposed in card-index of inspection, the second is sent to the employer in the place of serving by the convict of social jobs.

14. Copies of sentence (determination, the resolution) vessels and other materials relating to the organization and implementation of execution of the punishment are stored in the personal record of the convict. The materials which are in the personal record shall be hemmed, numbered and entered in the inventory on case cover inside.

Sequence numbers of the personal record and accounting card shall correspond each other, and also to number at which the court order with the copy of sentence (determination, the resolution) is registered in register of convicts to social jobs.

15. About acceptance of sentence to execution inspection no later than ten days from the date of receipt of sentence takes to court, the pronounced sentence, the notice according to appendix 5 to this Instruction.

16. After registration the convict is called in inspection for conversation during which are explained to it procedure and conditions of serving sentence, its right and obligation, biographical particulars are specified and checked, the information about close relatives and persons who can make positive impact on the convict becomes clear.

Upon termination of conversation at the convict the subscription according to appendix 6 to this Instruction undertakes and the certificate of the had talk in form according to appendix 7 to this Instruction which join its personal record is constituted. The direction for serving sentence according to appendix 8 to this Instruction is issued to the convict.

17. Convicts are involved in serving sentence no later than 15 days from the date of receipt in inspection of the corresponding court order with the copy of sentence (determination, the resolution).

18. Having processed in accordance with the established procedure documents to convicts, inspection sends the notice according to appendix 9 to this Instruction and accounting card to the employer in the place of serving sentence.

19. Employees and civil personnel of law-enforcement bodies (further - employees) inspections at least once for the entire period of serving by the convict of the appointed term of social jobs check correctness of execution of sentence. The inspection statement of correctness of execution of sentence in form according to appendix 10 to this Instruction, one of which remains in the organization, is by results drawn up in duplicate, and the employer's representative, the second with mark, about acquaintance it is stored in correspondence case.

20. In cases of the non-notification of inspection by the employer about the number of daily fulfilled hours or about evasion of the convict from serving sentence inspection brings to the head of the organization representation, and in case of systematic non-presentation of such data brings representation to the prosecutor about involvement of guilty officials to responsibility.

21. Data on the number of the hours which are daily worked convicts monthly are entered by the employer in their accounting cards based on sheets of working hours, and the staff of inspectorates in the accounting card of the convict which is in inspection, based on verified copies of the sheets of working hours represented by administration of the organization where convicts serve sentence.

Data on the number of the hours (sheets of working hours) which are daily worked convicts are stored in the corresponding nomenclature case.

22. In case of violation by the convict of procedure and conditions of serving sentence inspection issues to it the official warning according to appendix 11 to this Instruction, and in case of malicious evasion from serving of social jobs reports the official report on the chief of Department of Internal Affairs on attraction it to criminal liability according to article 419 UK of the Republic of Belarus.

23. In case of origin during serving condemned punishments in the form of social jobs of the circumstances provided by part four of article 49 UK of the Republic of Belarus, inspection takes to court idea of release of the convict from further serving sentence according to appendix 12 to this Instruction.

Chapter 3. Execution of the punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities

24. Execution of the punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities includes:

24.1. accounting of convicts;

24.2. control of observance condemned the prohibition provided by the court verdict to hold certain positions or to be engaged in certain activities;

24.3. check of accomplishment of instructions of sentence by administration of the organizations for place of employment of convicts, and also bodies, competent to cancel permission to occupation the corresponding type of activity prohibited for the convict;

24.4. carrying out with convicts of educational work and other actions provided by the current legislation.

25. In day of receipt of the copy of sentence inspection fills the corresponding details in register of convicts to deprivation of the right to hold certain positions or to be engaged in certain activities according to appendix 13 to this Instruction, draws up the personal record of the convict according to appendix 3 to this Instruction, and in ten-day time takes to court, the pronounced sentence, the notice on acceptance of sentence to execution according to appendix 5 to this Instruction.

26. Punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, appointed as primary punishment, and is equal in case of delay of execution and conditional non-use of punishment perform inspectorates for the residence of the convict.

Punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, appointed as additional punishment to corrective works, is performed by inspectorates for place of employment of the convict.

27. Execution of this type of the penalty imposed as additional to punishment in the form of arrest, restriction of freedom, imprisonment or the direction in disciplinary military unit is performed by the correctional facility (further - IU) performing primary punishment, and after departure of main type nakazaniyainspektion at the place of residence of the convict.

In twenty days prior to the termination of term, and in case of parole of the convict or replacement of punishment to softer in day of release of IU sends to inspectorate for the residence elected by him the copy of the court verdict, and also the reference on the release condemned with indication of date, family and other relations.

In the certificate of release of the convict the additional punishment imposed by court surely is specified.

28. For the purpose of ensuring execution of the court verdict inspection in ten-day time:

28.1. establishes place of employment of the convict and sends to the employer the copy of the court verdict and the notice according to appendix 15 to this Instruction;

28.2. in body, competent to cancel permission to occupation certain type of activity, directs the copy of the court verdict or the certified extract from it and the notice according to appendix 16 to this Instruction;

28.3. calls the convict in inspection for holding conversation with it about procedure and conditions of serving sentence.

During the conversation its rights and obligations, procedure and conditions of serving sentence, effect of failure to meet requirements of sentence are explained to the convict and the subscription according to appendix 17 to this Instruction is selected. The certificate of the had talk and subscription join the personal record of the convict.

29. The message on release of the convict from that position or occupation of that sort which arrived from the employer in inspection by activities, the right to which it is deprived, or about cancellation of permission and withdrawal of the document on occupation is filed by the prohibited activities after the corresponding mark in the magazine in the personal record of the convict.

30. In a month after the direction of the notice on place of employment of the convict inspection checks (with exit in the place of its work) change or the termination by the employer of the employment contract with the convict holding position or who is engaged in activities, the rights to which it is deprived, and also introduction in accordance with the established procedure of the corresponding record in its service record. By results of check the inspection statement of correctness of execution of sentence in form according to appendix 10 to this Instruction which is located in the personal record is drawn up.

If the convict is not dismissed or type of activity, prohibited by the court verdict and also if record is not made in its service record, takes measures for release it from post and to record introduction.

31. In case of dismissal of the convict from former place of employment inspection establishes new place of employment of the convict and performs actions, stipulated in Item the 28th this Instruction.

32. Concerning persons which are not working for the moment of registration, inspection exercises control of execution of sentence at the place of residence of the convict.

33. If officials of the organizations do not execute the sentence which took legal effect, the decision or other court resolution about deprivation of the right by the convict to hold certain position or to be engaged in certain activities or interfere with their execution, inspection directs to the address of the head of the organization representation according to appendix 18 to this Instruction.

If officials of the organizations after receipt of representation of inspection continue not to execute the sentence which took legal effect, the decision or other court resolution about deprivation of the right to hold certain position or to be engaged in certain activities or interfere with their execution, inspection reports on the allowed violations on the chief of Department of Internal Affairs the motivated official report with the petition for involvement of guilty officials to criminal liability according to article 423 UK of the Republic of Belarus.

34. In case of factual determination of violation by the convict of requirements of the court verdict inspection has with it individual talk, selects explanation and explains that time during which he held the prohibited position or was engaged in the activities prohibited for it of punishment is not set off in time. The explanation of the convict joins the personal record.

About non-inclusion in time of punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities of time during which the convict held the position prohibited for it or was engaged in the prohibited activities inspection issues the decree according to appendix 19 to this Instruction.

About time which is not included in time punishment, inspection informs bodies, competent to cancel permission to occupation the corresponding type of activity, administration of the organization for place of employment of the convict, and also makes mark in register of convicts and sentry card.

35. The staff of law-enforcement bodies who elicited the facts of non-execution of the court verdict about deprivation of the right to hold certain positions or to be engaged in certain activities by the convict or the official, without delay inform in writing on it the inspectorate exercising control of execution of sentence.

36. For the purpose of further control inspection at least once in six months checks execution of the court verdict by the employer and convict about what the reference or the official report which are located in case is constituted.

37. In case of good behavior of the convict according to article 90 UK of the Republic of Belarus after departure of the punishment term determined by the law inspection brings in court idea of parole from serving sentence according to appendix 12 to this Instruction.

38. Inspection, having received from division on nationality and migration of Department of Internal Affairs information on registration of the convict on the residence or the place of stay which is not specified in the certificate of release requests the copy of sentence from Department of Internal Affairs at the place of residence which is originally elected by him or the court which imposed penalty.

39. Convicts shall carry out instructions of sentence, submit the documents connected with serving of criminal penalty upon the demand of inspection, report in inspection about place of employment, its change or about dismissal from work, be on challenge in inspection.

40. In case of evasion of the court verdict condemned from execution inspection reports on the allowed violations on the chief of Department of Internal Affairs the motivated official report with the petition for attraction it to criminal liability according to article 417 UK of the Republic of Belarus.

Chapter 4. Execution of the punishment in the form of corrective works

41. Execution of the punishment in the form of corrective works includes:

41.1. accounting of convicts;

41.2. explanation convict of procedure and conditions of serving sentence;

41.3. control of observance of conditions of serving sentence by convicts and accomplishment of instructions of sentence by the employer;

41.4. carrying out with convicts of educational work;

41.5. control of behavior of convicts and the direction of the unemployed in bodies for work, employment and social protection for employment;

41.6. holding initial actions for search of convicts whose location is unknown;

41.7. application to convicts of measures of encouragement and collection;

41.8. control of correctness and timeliness of payroll deductions of convicts and transfer of the withheld amounts of the relevant budget;

41.9. decision making about the drive of the convicts who are not on challenge in inspection without valid excuse;

41.10. issue of permission to dismissal of convicts from work at own will or to the agreement of the parties during serving sentence.

42. Convicts are involved in serving sentence no later than fifteen-day term from the date of receipt in inspection of the corresponding court order with the copy of sentence.

43. In cases of change of sentence in the procedure established by the law join the copy of the court verdict:

43.1. in case of change of sentence - the copy of determination (resolution) of cassation or supervising instance;

43.2. when replacing unexpired term of deprivation of freedom with corrective works - the copy of determination of court;

43.3. when replacing unexpired term of deprivation of freedom with corrective works according to the procedure of pardon - the copy of the instruction.

44. By preparation of materials for replacement of unexpired part of imprisonment, restriction of freedom with corrective works with the convict in the absence of the passport of the citizen of the Republic of Belarus at them (далеепаспорт) or the invalid passport the administration of IU beforehand performs the actions necessary for receipt of the passport of the citizen of the Republic of Belarus (further - the passport) the convict.

In day of release of specified persons the administration of IU sends in inspectorate for the residence of the convict two copies of determination (resolution) with subscription on appearance in inspection in three-day time from the date of arrival, and also the reference with indication of date of release, family and other close relations of the convict.

45. The copy of sentence (the resolution, determination) vessels in day of receipt is registered in the magazine of incoming documents of law-enforcement body, and then with the resolution of the chief of Department of Internal Affairs is transferred to inspection and is registered in register of convicts to corrective works according to appendix 20 to this Instruction.

In the same procedure the personal records of convicts which arrived from other inspections in connection with change of place of employment or the residence by them are registered.

46. After registration of the copy of sentence (determination, the resolution) on each convict the accounting card in form according to appendix 21 to this Instruction is filled in and the personal record according to appendix 3 to this Instruction is opened.

The accounting card is located in card-index of personal accounting of convicts.

47. Are stored in the personal record of the convict the copy of sentence (determination, the resolution) and all materials relating to the organization and execution of the punishment.

The materials which are in the personal record of the convict shall be hemmed, numbered and entered in the inventory on case cover inside.

Numbers of the personal record and accounting card shall correspond each other, and also to number at which the copy of sentence (determination, the resolution) is registered in register of convicts to corrective works.

48. In ten-day time from the moment of statement of the convict on accounting inspection takes to court, the decided sentence, the notice on acceptance of sentence to execution according to appendix 6 to this Instruction and reports the official report according to appendix 22 to this Instruction on the chief of Department of Internal Affairs on need of implementation by the local militia inspector of preventive observation of the convict at the place of residence.

49. After registration the convict is called in inspection for conversation during which are explained to him procedure and conditions of serving sentence, its right and obligation, the bases and procedure for application died encouragement and penalties, biographical particulars are specified and checked, the information about close relatives and persons who can make positive impact on the convict, and also other questions important for control of his behavior becomes clear.

Upon termination of conversation the subscription is taken away from the convict according to appendix 23 to this Instruction and the certificate of the had talk according to appendix 7 to this Instruction which are filed in the personal record is constituted.

50. Having processed in accordance with the established procedure documents to convicts to corrective works, inspection no later than the next day, previously having specified place of employment of the convict, sends to the employer the copy of sentence (determination, the resolution) and the notice according to appendix 24 to this Instruction.

51. During serving of corrective works by the convict it is forbidden to stop the employment contract by agreement of the parties or at own will without written permission of inspection. Based on the written application of the employment contract condemned after check of the bases about the termination inspection according to appendix 25 to this Instruction issues the decree on issue or on refusal in issue of permission. The refusal in issue of permission shall be motivated. The resolution of inspection can be appealed by the convict in accordance with the established procedure.

52. Execution of additional punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, appointed to corrective works, is performed by the inspection performing primary punishment, and after departure of primary punishment - inspectorate for the residence of the convict.

53. If when refining place of employment of the convict it becomes clear that he does not work, inspection suggests it to find a job in fifteen-day time independently. If the convict did not get a job, according to appendix 26 to this Instruction the instruction about the direction in body for work, employment and social protection for rendering assistance in employment is issued to him, and also the obligation according to appendix 27 to this Instruction is selected. The convict has no right to refuse the work offered him or advanced training, retraining.

In case of evasion of convicts to corrective works from employment on the offered workplaces, and also in case of their employment the body for work, employment and social protection in writing informs on it inspection.

54. Convicts, the leaving corrective works not in the place of payment of the salary to them (if work is continued over 2 months), stay on the registry in inspectorate for the place of the actual performance of work which exercises control of their behavior and the relation to work. If necessary correctness and timeliness of production of payroll deductions of such convicts at the request of inspection in which they stay on the registry can control inspectorate for the place of salary payment.

55. If the residence of the convict is located in zone of activities of one inspection, and place of employment - another, then the convict is registered by inspectorate for the location of the organization in which the convict works.

If the convict found a job, but did not get to work, its personal record goes to inspectorate for the residence.

Unemployed convicts are registered in inspectorate for the residence.

56. Convicts consist on one of the following types of accounting:

56.1. working;

56.2. unemployed;

56.3. staying on the registry in body for work, employment and social protection;

56.4. wanted;

56.5. consisting on control before complete transfer of the withheld amounts.

57. The beginning of term of serving of corrective works is day of obtaining by the employer from inspection of the copy of sentence (determination, the resolution) court and other documents.

58. Calculation of term is made based on the days this about quantity which are subject to inclusion in time of serving sentence. The specified number of days shall be at least number of the working days having according to the working schedule of the organization for every month, its separate periods and the calendar term of punishment established by court.

If the number of the days which are subject to inclusion in time of serving sentence in this month exceeds number of the working days provided by the schedule, in time serving sentence one calendar month is set off.

59. If the convict in the time of punishment established by court did not work necessary quantity of the working days, then in the absence of the bases for offsetting of the unfinished working days in time of punishment serving of corrective works continues before complete working off by the convict of the put quantity of the working days.

In case of the incomplete working month which is consequence of lack of amount of works (stop of the company), in time punishments calendar month is set off.

If the employer or the collective agreement define part-time and the convict worked the days established by the working schedule, then in time punishments calendar month is set off.

60. For good behavior and conscientious attitude to work inspection can issue the decree on application of measures of encouragement to the convict to corrective works according to appendix 28 to this Instruction.

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