LAW OF THE REPUBLIC OF BELARUS

of January 8, 2024 No. 349-Z

About change of codes concerning criminal liability

Accepted by the House of Representatives on December 22, 2023.

Approved by Council of the Republic on December 22, 2023.

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

1. In Article 49:

to add item 4 of part 4 with the words "before achievement of age by it three years";

in parts 5 and 6 to replace the word of "sentence" with the word "punishments".

2. In parts 3 and 4 of Article 50, of part 6 of Article 51, of part 8 of Article 55 and part 2 of Article 111 of the word "execution of sentence" shall be replaced with words "execution of the punishment".

3. In Article 52:

to add item 4 of part 3 with the words "before achievement of age by it three years";

in parts 6 and 7 to replace the word of "sentence" with the word "punishments".

4. In Article 53:

to add Item 3 of part 3 with the words "before achievement of age by it three years";

in part 4 to replace the word of "sentence" with the word "punishments".

5. Part 4 of Article 77 and part 5 of article 78 after the word "toxicomanias" to add with the word", pedophilia".

6. In Article 80:

add part 3 with item 4 of the following content:

"4) for person judged for the crimes committed on reaching eighteen-year age provided by Articles 166-170 and 343-1 of this Code concerning the juvenile (juvenile).";

add part 5 with words ", and behind person specified in item 4 of part 3 of this Article - before repayment or removal of criminal record";

to state Item 2 of part 7 in the following edition:

"2) in writing to notify law-enforcement body on change of the residence no later than day of approach of such circumstance;";

add part 8 with Items 5 and 6 of the following content:

"5) to go to work or study or to be engaged in other activities when which implementing person is considered busy according to the legislation on employment of the population;

6) to be in the organization of health care for passing of the forced treatment appointed according to article 107 of this Code and to carry out the actions provided within dispensary observation when passing such treatment.";

add Article with parts 8-1 and 8-2 of the following content:

"8-1. The requirement of preventive supervision specified in Item 5 of part 8 of this Article cannot be established in the relation:

1) persons which reached generally established retirement age;

2) expectant mothers;

3) persons performing child care aged up to three years, the handicapped child aged up to eighteen years and also for the child aged up to eighteen years infected with human immunodeficiency virus or sick AIDS;

4) disabled people of I and II groups;

5) the faces sore with active form of tuberculosis which are not taking permanent place of employment.

8-2. In case of origin during preventive supervision of the circumstances provided by part of 8-1 this Article, the court on representation of the law-enforcement body exercising preventive supervision changes requirements of preventive supervision.";

from part 9 of the word "restrictions of freedom," to exclude;

to state Items 3 and 4 of part 11 in the following edition:

"3) ahead of schedule on representation of law-enforcement body if person behind whom preventive supervision is established observed requirements of preventive supervision and did not commit crimes and administrative offenses. At the same time concerning person specified in Item 1 of part 3 of this Article, and also the person specified in item 4 of part 3 of this Article, judged for heavy or especially serious crime, preventive supervision stops not earlier than as after three years after departure of custodial sanction by them;

4) in case of condemnation of person behind which preventive supervision, to punishment in the form of restriction of freedom or imprisonment or replacement of the imposed penalty with more stiff punishment in the form of restriction of freedom or imprisonment is established;".

7. In Article 81:

part 1 after words of "serving sentence" to add with the words "exempted from punishment it is conditional based on the act of pardon";

"I will cause" to add part 2 after the word with the words "at the scheduled time";

add Article with part 3 following of content:

"3. Preventive observation is not performed for the foreign citizens and persons without citizenship who are constantly not living in the Republic of Belarus.".

8. In part 5 of Article 90:

to exclude from paragraph one of the word "in the form of imprisonment";

state Item 7 in the following edition:

"7) to pass or continue course of treatment from chronic alcoholism, drug addiction, toxicomania or pedophilia;".

9. Add Article 96 with part of 2-1 following content:

"2-1. During unexpired part of punishment behind person exempted from punishment it is conditional based on the act of pardon, preventive observation is performed and the obligations provided by part 2 Articles of 81 of this Code are assigned to it.".

10. To state part 3 of Article 100 in the following edition:

"3. Enforcement powers of safety and treatment can be appointed by court along with punishment for the purpose of treatment and creation of the conditions promoting goal achievement of criminal liability concerning persons:

1) committed crimes and having chronic alcoholism, drug addiction or toxicomania;

2) committed the crimes provided by Articles 166-170 and 343-1 of this Code on reaching eighteen-year age, concerning the juvenile (juvenile) and suffering from pedophilia.".

11. State Article 107 in the following edition:

"Article 107. Application of enforcement powers of safety and treatment to persons having chronic alcoholism, drug addiction, toxicomania or pedophilia

1. In case of crime execution by persons having chronic alcoholism, drug addiction or toxicomania, the court in the presence of the medical certificate along with punishment for the committed crime can apply to them forced treatment.

2. In case of making on reaching eighteen-year age of the crimes provided by Articles 166-170 and 343-1 of this Code concerning the juvenile (juvenile) by persons suffering from pedophilia, the court along with punishment for the committed crime can apply to them forced treatment.

3. Treatment for chronic alcoholism, drug addiction, toxicomania, pedophilia of convicts to arrest, imprisonment or lifelong imprisonment is carried out in the place of serving sentence. To the persons needing throughout treatment after departure of punishment in the form of arrest, imprisonment, and who are equally condemned treatment for chronic alcoholism, drug addiction, toxicomania to other types of punishment or other measures of criminal liability, pedophilia it is carried out at the place of residence by forced out-patient observation and treatment.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info