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

of September 30, 2010 No. 9

About application by courts of the measures of criminal liability provided by the Art. of Art. 77-79 of the Criminal code of the Republic of Belarus

Having discussed practice of application by courts of delay of execution of the punishment, condemnation with conditional non-use of punishment and condemnation without assignment of punishment (the Art. of Art. 77-79 of the Criminal code of the Republic of Belarus (further – UK), the Plenum of the Supreme Court of the Republic of Belarus notes that these measures of criminal liability are important instrument for ensuring of correction of convicts without isolation from society. At the same time condemnation with delay of execution of the punishment and with conditional non-use of punishment are alternative measures of criminal liability for the relation not only to custodial sanction, but also to other types of the punishments prescribed by UK for making of crimes. They are implemented by implementation of measures of preventive, corrective and test nature concerning the convict and by means of punishment application threat if the convict will violate testing conditions.

At the same time courts do not attach due significance to application of delay of execution of the punishment, condemnation with conditional non-use of punishment and to condemnation without assignment of punishment and, in the presence to that the bases, do not discuss question of their application. In certain cases, appointing such measures, courts in sentence motivate the made decision insufficiently.

For the purpose of ensuring the correct and uniform application of the measures of criminal liability provided by the Art. of Art. 77-79 of UK, the Plenum of the Supreme Court of the Republic of Belarus decides:

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