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

of March 29, 2012 No. 2

About modification and amendments in some resolutions of the Plenum of the Supreme Court of the Republic of Belarus

Due to the changes in the legislation the Plenum of the Supreme Court of the Republic of Belarus decides:

bring the following changes and amendments in resolutions of the Plenum of the Supreme Court of the Republic of Belarus:

1) in the 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" (The national register of legal acts of the Republic of Belarus, 2007, No. 248, 6/691):

a) the paragraph one of item 2 to state in the following edition:

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

b) in paragraph one of item 7 of the word "and to the person accused at its request" shall be replaced with words "and in the cases provided by the p. 3 of Art. 373 of the Code of Criminal Procedure";

c) state item 17 in the following edition:

"17. Limits of powers of court of cassation instance are set by Art. 386 of the Code of Criminal Procedure, regarding cancellation of the verdict of not guilty - Art. 387 of the Code of Criminal Procedure, and change of sentence - Art. 396 of the Code of Criminal Procedure.";

d) 18, 19 to exclude Items;

e) state item 20 in the following edition:

"20. Courts should mean that the verdict of not guilty of court can be cancelled precisely according to the claim of persons specified in Art. 387 of the Code of Criminal Procedure or on the prosecutor's protest if in the claim or protest the innocence of the person accused (the p. 2 of Art. 388 of the Code of Criminal Procedure) is disputed.";

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