of December 19, 2008 No. 10
About accomplishment of resolutions of the Plenum of the Supreme Court of the Republic of Belarus by courts of September 28, 2001 No. 9 "About the court verdict" (with changes of December 22, 2005) and of September 28, 2006 No. 8 "About practice of the resolution by courts of verdicts of not guilty"
Having discussed results of studying of practice of the resolution by courts of sentences and accomplishment of resolutions of the Plenum of the Supreme Court of the Republic of Belarus of September 28, 2001 No. 9 "About the court verdict" (with changes of December 22, 2005) and of September 28, 2006 No. 8 "About practice of the resolution by courts of verdicts of not guilty", the Plenum of the Supreme Court notes that the court verdict, being the most important act of justice, is designed to provide accomplishment of tasks of the criminal trial constructed on the basis of firmness of constitutional rights and freedoms of citizens, presumption of innocence, competitiveness and equality of the parties of accusation and protection. Therefore the resolution of sentence demands from judges of understanding of the separate liability for its legality, justification and justice (Art. 350 of the Code of Criminal Procedure).
On the majority of criminal cases sentences are decided in strict accordance with the law. Less often violations of the criminal procedure legislation, and also the facts of purpose of unfair measures of punishment began to be allowed. However cases when the reasons of cancellation or change of sentence are failure to provide of comprehensive, complete and objective investigation of circumstances of criminal case in case of legal proceedings, superficial approaches to assessment of proofs, other violations of the material and procedural law still take place.
In sense of justice of certain judges manifestations of accusatory bias remain. As a result of doubt in justification of the brought charge, in defiance of instructions of the criminal procedure law and the corresponding explanations of the Plenum of the Supreme Court, are not always interpreted for benefit of the person accused.
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