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

of March 26, 2002 No. 1

About appointment of criminal penalty as courts

Due to the enforcement of the Criminal code of the Republic of Belarus of 1999 in practice of application of the regulations regulating assignment of punishment there were questions requiring explanation. For the purpose of ensuring the correct and uniform application of provisions of the penal statute Plenum of the Supreme Court of the Republic of Belarus

decides:

1. Draw the attention of courts that punishment is the enforcement power of criminal law action applied according to the court verdict to person condemned for crime, and consisting in the deprivation or restriction of the rights and freedoms of the convict provided by the law.

To person found guilty of crime execution the punishment prescribed only UK can be imposed. At the same time heavier punishment cannot be imposed, than that which was subject to application during crime execution.

2. Punishment application as measures of criminal liability is based on the principles of legality, equality of citizens before the law, inevitability of responsibility, personal guilty liability, justice and humanity (Art. 3 of UK).

Punishment is determined on the basis of conviction of court in its need and sufficiency for correction of person who committed crime, preventions of new socially dangerous acts as from the convict, and other persons, and also recovery of social justice.

Only just punishment of the guilty person promotes effective implementation of the purposes of criminal liability.

3. Proceeding from the general beginnings of assignment of punishment (Art. 62 of UK) the court determines punishment in the limits set by the sanction of Article of the Special part of UK providing responsibility for the committed crime.

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