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

of September 25, 2003 No. 9

About court practice on cases on the crimes connected with creation and activities of organized groups, gangs and the criminal organizations

Having discussed practice of consideration by courts of cases on the crimes connected with creation and activities of organized groups, gangs and the criminal organizations 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 making of crimes by organized groups, gangs and the criminal organizations is the most dangerous form of crime. Therefore comprehensive, complete and objective investigation of circumstances by hearing of cases of this category, establishment of role and extent of participation in the committed crimes of each participant of criminal forming, clarification of the reasons and conditions promoting their creation and activities are important condition of the resolution of right judgment sentence.

2. Owing to p.1 Art. 18 of UK it is necessary to understand intentional participation in it of two or more persons which previously united in the managed steady group for joint criminal activities as crime execution by organized group.

Unlike previous concert of collaborators on making of specific crime (Art. 17 of UK) preliminary jointness of organized group means making of purposeful actions for its creation, forming of structure, determination of the place and role (distribution of functions) of each participant. About preliminary jointness of criminal group can witness, in particular, planning of criminal activities, coordination of actions of accomplices.

3. Recognition of the criminal group managed requires, as a rule, availability in its list of the head (several heads) performing operations on coordination of criminal activities of this group, management of it, to maintenance of the intra group discipline based on subordination of participants of group to her head, supported with his authority, forced force, etc.

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