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

of March 29, 2001 No. 1

About judicial examination on criminal cases

Having discussed materials of generalization of court practice, for the purpose of uniform application of the legislation and remedial action in case of production of examination in court the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that conducting examination is necessary in all cases when for the solution of the questions which arose in case of legal proceedings special knowledge in science, the equipment, art, craft and other fields of activity (p.1 the Art. 61, p.1 of the Art. 95, p.1 of Art. 226 of the Code of penal procedure of the Republic of Belarus is required (further – the Code of Criminal Procedure).

2. Provide to courts observance of requirements of the criminal procedure law (Art. 228 of the Code of Criminal Procedure) on obligatory conducting examination if it was not carried out during pretrial investigation, for establishment: causes of death, nature and severity of bodily harms; age of the person accused, the victim when it matters for criminal case, and documents on age are absent or raise doubts; mental or physical condition of the person accused when there is doubt concerning sanity or capability independently to protect the rights and legitimate interests in criminal procedure; mental or physical condition of the victim when there is doubt in its capability correctly to perceive the circumstances important for criminal case and to give about them evidences.

3. The expert research can be conducted only by person designated as the expert in the procedure established by the law (p.1 the Art. 61, p.1 the Art. 227, p.1 Art. 334 of the Code of Criminal Procedure).

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