of January 11, 2002 No. P-135/2002
About the right to amnesty of convicts concerning whom the sentences which took legal effect were reviewed according to the procedure of supervision
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., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z., having considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus addresses of the condemned citizen and his legal representative on the issue of non-use of amnesty, established the following.
Article 10 of the Law of the Republic of Belarus of July 14, 2000. "About amnesty of some categories of persons who committed crimes" reducing for one year of term of punishment to persons condemned to imprisonment was provided. Convicts concerning whom on the date of entry into force of the law on amnesty sentences took legal effect fell under operation of this article according to article 14 of this Law. Similar regulations contained also in earlier adopted laws on amnesty.
The addresses which arrived in the Constitutional Court demonstrate that in practice non-use of amnesty to convicts concerning whom sentences took legal effect on the date of entry into force of the law on amnesty takes place, but then were reviewed according to the procedure of supervision.
The constitutional court notes that the convict concerning whom sentence took legal effect on the date of entry into force of the specified Law has the right to amnesty in spite of the fact that afterwards the sentence or the determinations of cassation instances which are taken out on it were reviewed according to the procedure of supervision.
According to the Constitutional Court, the arisen right of the convict to amnesty shall not be lost because its case is reconsidered according to the procedure of supervision when the mistakes made by courts are, as a rule, eliminated, but execution of sentence does not stop and the convict continues to serve the penalty imposed by court.
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