of April 2, 2001 No. P-111/2001
About the right of convicts to imprisonment on judicial appeal of the disciplinary measures applied to them
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., Vorobey G. A. judges., 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 the address concerning possibility of judicial appeal of the disciplinary measures applied by administration of correctional facility concerning convicts to imprisonment established the following.
Article 112 of the Penitentiary code of the Republic of Belarus (further - WICK) provides disciplinary measures which can be applied to convicts for violation of established procedure of serving sentence by them in the form of imprisonment. The procedure for application of disciplinary measures to convicts to custodial sanction is stipulated in Clause 113 WICK. According to part four of this Article of collection are imposed on convicts by resolutions of officials of the correctional facilities having the right to impose penalties. In the presence of the bases collection can be cancelled or replaced by the official who applied it or the higher official having the right to it (article 113 part eleven WICK).
In the address which arrived in the Constitutional Court the question of possibility of judicial appeal of illegal application to the convicts serving custodial sanction, disciplinary measures is put.
Having studied provisions of the Constitution, international legal acts, regulations of criminal and executive, criminal procedure and other legislation, and also practice of their application, the Constitutional Court came to the following conclusions.
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.