of June 24, 2026 No. 10
About practice of consideration by courts of questions of punishment replacement with more stiff punishment in case of malicious evasion from its serving
Having discussed results of generalization of practice of consideration by courts of questions of punishment replacement with more stiff punishment in case of malicious evasion from its serving, for the purpose of the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus DECIDES:
1. Draw the attention of courts that the correct application of the legislation by consideration of questions of punishment replacement with more stiff punishment is directed to strict observance stipulated in Clause 115 Constitutions of the Republic of Belarus of the requirement of obligation of court decrees.
Replacement of criminal penalty with more stiff punishment in case of malicious evasion of the criminal and criminal and executive nature condemned from its serving along with other measures is intended to promote realization of the purposes of criminal liability provided by part 2 of article 44 of the Criminal code of the Republic of Belarus (further - UK), being one of basic guarantees of the principle of its inevitability.
2. According to part 1 of Article 9 of the Penitentiary code of the Republic of Belarus (further - WICK) persons condemned to punishment shall carry out the obligations established by the criminal and executive legislation concerning procedure and conditions of its serving.
In case of violation of procedure and conditions of serving sentence disciplinary measures can be applied to convicts in the cases provided by the law.
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