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

of June 28, 2002 No. 3

About court practice on cases on crimes of minors

For the purpose of the prevention of mistakes in case of production on cases on crimes of minors and explanation of the matters of argument which arose in court practice, the Plenum of the Supreme Court DECIDES:

1. Draw the attention of courts to need of improvement of quality of hearing of cases about crimes of minors. Production for this category shall be based on strict observance of requirements of the criminal and criminal procedure laws, as much as possible promote ensuring protection of the rights and legitimate interests of minors, purpose of just punishment, the prevention of new crimes.

2. To courts to mean that the procedure for production is determined by regulations of the criminal procedure law taking into account the features specified in the relevant articles and Chapter 45 of the Code of Criminal Procedure by cases on crimes of minors.

3. Courts need to consider that according to the p. 2 of Art. 181 of the Code of Criminal Procedure on all cases on the crimes committed by persons aged up to eighteen years irrespective of attainment of majority by the beginning of proceeedings, pretrial investigation is obligatory. 

4. Explain to courts that cases on crimes of minors are considered jointly as a part of the judge and two jurymen, irrespective of achievement of eighteen-year age by day of legal proceedings (item 2 of the p. 3 of Art. 32 of the Code of Criminal Procedure).

Owing to the p. 2 of Art. 326 of the Code of Criminal Procedure on such cases regulations on the reduced procedure for court investigation are not applied.

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