of April 17, 2001 No. P-114/2001
About procedure for forming of structure of national zasedetel
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., Shuklina V. Z., having considered based on Article 40 and part one of article 116 of the Constitution the appeal of the Ministry of Justice of the Republic of Belarus about procedure for forming of list of jurymen, established the following.
According to article 113 of the Constitution of the Republic of Belarus cases in courts are considered jointly, and in provided by the law sluchayakhedinolichno judges. According to Article 10 of the Code of penal procedure of the Republic of Belarus (enacted since April 1, 1961 and existing till January 1, 2001) in all courts of case on crimes for which making custodial sanction for the term of over ten years or capital punishment is prescribed were considered on the first instance jointly as a part of the judge and two jurymen.
The law of January 13, 1995. "About judicial system and the status of judges in the Republic of Belarus" instead of institute of jurymen the institute of jury members was entered. According to article 8 of the specified Law the court shall consider cases on the first instance as a part of one judge and board from seven jury members about crimes for which making punishment in the form of capital punishment is prescribed if the person accused did not plead guilty and required appointment of jury trial. In other cases criminal cases shall be considered solely by the judge or is joint as a part of three judges. Provisions of the specified Law regarding consideration of criminal cases by court with participation of jury members shall be enacted since January 1, 2000.
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