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

of September 27, 2007 No. 12

About practice of application by courts of the regulations of the Code of penal procedure regulating cassation production

For the purpose of the correct and uniform application of cassation instance of regulations of the Code of penal procedure by courts and improvement of quality of cassation production the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that the correct and timely consideration of criminal cases in cassation procedure is important instrument for ensuring of the right of persons who are involved in criminal trial guaranteed to Art. 115 of the Constitution of the Republic of Belarus on appeal, and the prosecutor - on protest of sentences and other judgments. Courts of cassation instance shall respect strictly the norms of the Criminal Procedure Code regulating cassation production, to provide objective check of criminal cases in full, without being limited to arguments of writs of appeal or protests, and concerning all persons accused.

2. Courts should mean that persons specified in Art. 370 of the Code of Criminal Procedure have rights to cassation appeal of sentence.

If the writ of appeal is made by person to whom such right is not granted by the law, and the protest by the prosecutor outside its competence is equally brought, then the claim or protest are subject to return to persons who submitted them.

In cases of appeal of sentence by the legal representative of the minor person accused or victim which by day of cassation consideration of the case reached age of majority the claim shall be considered by court of cassation instance in essence.

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