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

of December 17, 2002 No. 9

About court practice on cases on murder (Art. 139 of the Criminal code of the Republic of Belarus)

Having discussed materials of generalization of court practice, for the purpose of ensuring the correct and uniform application by courts of the penal statute about responsibility for murder the Plenum of the Supreme Court

decides:

1. Draw the attention of courts that intentional illegal deprivation of life other person (murder) is especially serious crime for which making purpose of the most stiff punishment from provided by Art. 48 of the Criminal code of the Republic of Belarus is possible (further - UK).

By consideration of criminal cases about murder it is necessary to fulfill strictly requirements of the law on comprehensive, complete and objective investigation of circumstances of the committed crime.

On each such case the fault form shall be established, motives, the purpose and method of causing death are found out, and also other circumstances important for the correct legal treatment of deeds and appointment to the guilty person of just punishment are researched.

2. Murder can be committed both with direct, and with indirect intent. Attempt at murder is possible only with direct intention i.e. when the deeds demonstrated that the guilty person understood public danger of the action (failure to act), expected approach of death of other person and wished it, but death did not come owing to circumstances (in view of the active resistance of the victim, intervention of other persons, timely rendering medical care to the victim, etc.).

In case of validity of attempted homicide of additional qualification of actions of the guilty person by results of the effects which came for the victim it is not required.

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