RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of March 29, 2006 No. 1

About court practice on cases on intentional causing heavy bodily harm

Having discussed practice of consideration of criminal cases about intentional causing heavy bodily harm, for the purpose of elimination of the available shortcomings and ensuring the correct and uniform application of the penal statute about responsibility for making of such crimes the Plenum of the Supreme Court of the Republic of Belarus

DECIDES:

1. Draw the attention of courts that for the correct qualification of deeds on cases on intentional causing heavy bodily harm it is necessary to find out carefully fault form, motives, the purpose and method of causing bodily harms, causal relationship between act of the person accused and the come effects, and also other circumstances important for the correct permission of case and appointment to the guilty person of just punishment.

2. Explain to courts that containing in p.1 Art. 147 of the Criminal code of the Republic of Belarus (further - UK) the list of signs of heavy bodily harm is exhaustive. At the same time for recognition of the caused bodily harm heavy enough availability at least one of them. If it is established several signs characterizing the caused bodily harm as heavy all of them shall be specified in the resolution on involvement of person as the person accused and the court verdict.

The characteristic of each of signs of heavy bodily harm contains in the Instruction about procedure for conducting forensic medical examination by determination of the severity of bodily harms approved by the resolution of the State committee of judicial examinations of the Republic of Belarus of May 24, 2016 No. 16 (further - the Instruction).

For establishment of nature and severity of the caused bodily harms owing to requirements of item 1 of Art. 228 of the Code of penal procedure of the Republic of Belarus (further – the Code of Criminal Procedure) appointment and conducting forensic medical examination which conclusion is subject to assessment by court taking into account the Instruction and other case papers is obligatory.

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