of April 3, 2001 No. P-112/2001
About the right of citizens to appeal to the court on the questions arising in connection with implementation of the criminal procedure relations
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., Sarkisova 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 implementation of the right to judicial protection, established the following.
According to part one of Article 139 of the Code of penal procedure (further - the Code of Criminal Procedure) claims to actions and decisions of body of inquiry, the investigator and the investigator move to the prosecutor exercising supervision of execution of the laws in case of production of preliminary inquiry. Claims to actions and decisions of the prosecutor move to the higher prosecutor, and on actions and the judgments - in superior court.
According to part two of the specified article of the claim to decisions of criminal prosecution authority about the termination of preliminary inquiry of case, criminal prosecution move to the corresponding prosecutor or in court in the place of investigation of criminal case. In this regulation edition of part six of article 209 Code of Criminal Procedure, acting till January 1, 2001 which was brought into accord with the Conclusion of the Constitutional Court of May 13, 1999 which recognized the citizen's right to judicial appeal of the resolution on the termination of criminal case is reproduced.
Article 143 of the existing Code of Criminal Procedure provides also procedure for appeal in court of detention, detention, house arrest or prolongation of term of detention, house arrest.
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