of March 25, 2009 No. 1
About appointment of custodial sanction as courts to certain term
Having discussed results of generalization of court practice, the Plenum of the Supreme Court of the Republic of Belarus notes that courts in general respect the provisions of the law regulating assignment of punishment in the form of imprisonment for certain term (further if other is not provided, – imprisonment).
This type of punishment is reasonably appointed by courts within the sanctions established by the penal statute for heavy and especially serious crimes, in case of dangerous and especially dangerous recurrence of crimes when forced isolation of persons with steady antisocial bents, repeatedly offenders and not persons interested to become on the way of correction, is caused by need of prevention of making of new crimes by them.
At the same time significant amount of convicts is constituted by persons who made the criminal legal sanctions which are not constituting big public danger and less serious crimes, for which have, as a rule, alternative nature, providing possibility of wide choice of other implementers of the purposes of criminal liability. Owing to requirements of the p. 2 of Art. 62 of the Criminal code of the Republic of Belarus (further – UK) custodial sanction can be appointed by court only on condition that these objectives cannot be achieved by application of milder pinishment prescribed by the relevant article of the penal statute. Therefore follows courts, estimating the degree of public danger of deeds, circumstances mitigating responsibility, data on the identity of the guilty person, his behavior after crime execution to avoid assignment of punishment in the form of imprisonment in situations when the facts of the case testify to possibility of correction of person without isolation from society.
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