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

of September 28, 2006 No. 8

About practice of the resolution by courts of verdicts of not guilty

Having discussed results of generalization of practice of the resolution by courts of verdicts of not guilty, for the purpose of ensuring the correct and uniform application by courts of the law Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that the resolution of lawful and reasonable verdicts of not guilty is important equitable remedy of citizens from superficial criminal prosecution.

Each innocent is subject to justification (the p. 4 of Art. 350 of the Code of penal procedure of the Republic of Belarus (further - the Code of Criminal Procedure).

2. Person is found not guilty in the presence of the Codes of Criminal Procedure of the bases for the resolution of the verdict of not guilty specified in Art. 357. Therefore, making the decision on the person accused justification, the court shall specify on what of these bases the verdict of not guilty is decided and to give motives of such decision.

3. Explain to courts that the verdict of not guilty in the absence of socially dangerous act provided by the penal statute (item 1 p.1 of Art. 357 of the Code of Criminal Procedure), is decided in cases when action (failure to act) which was imputed to the person accused was not made, and the effects specified in accusation did not take place or came irrespective of someone's will, for example owing to action of forces of nature, or these effects came from actions of person to whom harm is done.

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