of December 20, 2007 No. 18
About practice of appointment of punishment as courts in the form of restriction of freedom
Having discussed results of studying of practice of appointment of punishment as courts in the form of restriction of freedom (Art. 55 of the Criminal code of the Republic of Belarus (further - UK), the Plenum of the Supreme Court of the Republic of Belarus notes that this type of punishment is applied by courts generally to persons guilty of making of the not constituting big public danger and less serious crimes according to sanctions of Articles of the Special part of UK.
The Republic of Belarus provided by the Law of June 9, 2006 No. 122-Z "About modification and amendments in Criminal, Criminal procedure and Criminal and executive codes of the Republic of Belarus concerning enhancement of procedure for execution of punishments and other measures of criminal liability" to destination of restriction of freedom without the direction of person in correctional facility of open type created to possibility additional terms of respect of the principle of individualization of criminal penalty by courts.
Necessary condition of the correct application of the penal statute in its amended wording is the complete and comprehensive investigation of data on the identity of the legal proceedings accused of the course, strict observance as requirements of Art. 62 of UK about the general beginnings of assignment of punishment, and provisions чч. 3-5 Art. 55 of UK containing restrictions in application of this type of punishment around of persons.
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