of October 5, 2001 No. P-128/2001
About application of the rule of retroactive effect of softer law to persons recognized till January 1, 2001 as especially dangerous recidivists
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., 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. considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus the address with request to check constitutionality of article 13 of the Law of the Republic of Belarus of July 18, 2000. "About enforcement of the Criminal code of the Republic of Belarus".
Having analyzed provisions of the Constitution, the Criminal code (further - UK), other laws of the Republic of Belarus, having studied case papers, and also court practice, the Constitutional Court established the following.
Article 24 of UK operating till January 1, 2001 provided the bases and procedure for recognition according to the court verdict of person by especially dangerous recidivist with the corresponding negative effects for the convict. In particular, in a number of Articles of its Special part crime execution by especially dangerous recidivist was recognized aggravating circumstance that it influenced qualification of deeds and thereof there came the increased responsibility of the guilty person within more strict sanctions.
Serving sentence in the form of imprisonment was appointed to especially dangerous recidivists in correctional labor colonies of particular treatment with more strict conditions of keeping. The regulations providing different types of release from punishment were not applied to especially dangerous recidivists. The criminal record concerning these persons could be removed only by court after eight years from the date of punishment departure.
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