of September 26, 2002 No. 6
About some questions of applications of the criminal procedure law in Trial Court
For the purpose of ensuring the correct and uniform application of provisions of the Code of penal procedure of the Republic of Belarus (further – the Code of Criminal Procedure) in case of production on criminal cases in the Plenum of the Supreme Court of the Republic of Belarus DECIDES: Trial Court
1. Draw the attention of Trial Courts that for protection of the rights and freedoms of citizens production on criminal cases shall be performed in strict accordance with the Constitution of the Republic of Belarus and the criminal procedure law, on the principles of integrity of human beings, presumption of innocence, providing right of the accused to defense, competitiveness and equal rights of the parties of accusation and protection and with observance of general terms of legal proceedings.
2. Explain that in the conditions of competitive process the proof obligation in the judicial session of availability of the bases of criminal liability and other circumstances important for the correct permission of criminal case lies on the state prosecutor which discloses the charge brought to person, produces the evidence, have the right to change, add or bring new charge or to refuse accusation, except as specified, of the Codes of Criminal Procedure provided by the p. 2 of Art. 455.
As protection identification of the circumstances acquitting the person accused or mitigating its responsibility enters. For this purpose the defender, exercising the right granted to him by the law to produce the evidence, can interview physical persons, request references, characteristics and other documents or their copies, to request with the consent of the person accused opinion of specialists for explanation of the questions arising in connection with implementation of protection requiring special knowledge. The materials collected by the defender according to its petition are subject to familiarizing with case.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.