of June 30, 2005 No. 6
About practice of application of the regulations of the Code of penal procedure of the Republic of Belarus regulating participation of the victim in criminal procedure
For the purpose of the correct and uniform application of the regulations of the Code of penal procedure of the Republic of Belarus by courts (further - the Code of Criminal Procedure) regulating participation of the victim in criminal procedure and providing its rights and legitimate interests the Plenum of the Supreme Court of the Republic of Belarus DECIDES:
1. Draw the attention of courts that strict observance of the regulations of the criminal procedure law regulating participation of the victim in criminal procedure is the important sales warranty person, the victim of crime, the inalienable right to access to justice and judicial protection.
In case of production of pretrial investigation and judicial review of each criminal case all measures provided by the law to clarification of nature and the extent of the harm done by crime (item 4 p.1 of Art. 89 of the Code of Criminal Procedure), to establishment of the group of people to which this harm is done shall be taken.
2. Explain to courts that in sense of Art. 49 of the Code of Criminal Procedure to the victims can be recognized only physical person to which it is direct crime (irrespective of, the crime ended is or preparation or aggravated attempt took place) or socially dangerous act of deranged provided by the penal statute physical, property or moral harm is done.
Person is recognized to the victims irrespective of his nationality, age, physical or mental condition and other data on the personality, from establishment of person who committed crime, legitimacy of behavior of the victim, except as specified, when person suffered from the crime committed by it or harm is done during his detention when making of crime by it if exceeding necessary for this purpose was not allowed died.
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