of October 21, 2003 No. P-160/2003
ABOUT THE BASES OF REVIEW OF SENTENCES ACCORDING TO THE RULE ABOUT RETROACTIVE EFFECT OF THE PENAL STATUTE
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z., having considered based on part one of article 116 of the Constitution of the Republic of Belarus addresses of persons condemned to imprisonment on the issue of non-use to them of the rule about retroactive effect of the penal statute, established the following.
By part six of article 104 of the Constitution of the Republic of Belarus it is fixed that the law has no retroactive force, except as specified, when it mitigates or cancels responsibility of citizens.
It is provided in Item 1 of article 15 of the International Covenant on Civil and Political Rights that if after crime execution the law establishes lighter punishment, operation of this law extends to this criminal.
The criminal code of the Republic of Belarus (further - UK) is based on the Constitution of the Republic of Belarus and the conventional principles and rules of international law (part three of article 1 UK).
According to part two of article 9 UK the law eliminating crime of act, commuting penalty or otherwise improving provision of person who committed crime has retroactive force, that is extends to persons who made the corresponding act to the introduction of such law in force including on the persons serving sentence or who served sentence, but having criminal record. If the new penal statute mitigates punishability of act for which person serves sentence, the court imposes penalty according to the sanction of the new penal statute, being guided by article 62 UK.
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