of June 24, 2004 No. 8
About practice of consideration by courts of the civil action in criminal procedure
Having discussed results of generalization of court practice of consideration of the civil action in criminal procedure, 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 correct permission of the civil action in criminal procedure is important guarantee of the timely indemnification caused by crime. Therefore the court shall provide complete and objective examination of the civil action commenced in case of criminal proceeding and to resolve it in strict accordance with requirements of the material and procedural law.
2. Courts need to mean that in criminal procedure civil actions about compensation of physical, property or moral harm only in cases when such harm is done directly by crime or socially dangerous act of deranged provided by the penal statute are subject to consideration.
The claims made on other bases (for example, recourse actions to the person accused according to the procedure of Art. 950 of the Civil code of the Republic of Belarus), are not subject to consideration in criminal procedure.
3. Courts should consider that the group of people, having rights to presentation of the civil action in criminal procedure, is determined in чч. 1, the 2 and 6 Art. 149 of the Code of penal procedure of the Republic of Belarus (further – the Code of Criminal Procedure). At the same time the claim can be made both in written, and in oral form from the moment of initiation of legal proceedings and before the end of court investigation.
Presentation of the claim in case of appointment and preparation of legal proceedings is possible only in writing as the taking the minutes is not provided by the law in this stage of criminal procedure.
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