of December 13, 1999 No. P-91/99
About some questions of providing to citizens of constitutional right on receipt of legal aid in criminal procedure
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., Shabaylova V. I., G.B. Cone, Shuklina V. Z. considered based on article 40 of the Constitution of the Republic of Belarus the appeals of Republican Bar concerning providing to citizens of constitutional right on receipt of legal aid in criminal procedure, in particular, of failure to provide to the lawyer of the right to appointment to the person detained on suspicion of crime execution and who is in custody before presentation of accusation to it.
Having analyzed regulations of the Constitution, the laws, international legal acts, having studied practice of application of regulations of the criminal procedure legislation, the Constitutional Court established the following.
By Article 49 of the existing Code of penal procedure of the Republic of Belarus (further - the Code of Criminal Procedure) it is determined that in case of detention of person suspected of crime execution or application of measure of restraint to it in the form of detention before brining a charge the defender is allowed to participation in case from the moment of the announcement to person of the protocol of detention or the resolution on application of this measure of restraint, but no later than twenty four hours from the moment of detention or detention. Article 53 Code of Criminal Procedure provides the right of the defender to have with the person accused of appointment alone without restriction of their quantity and duration only after sight accusations.
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