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

of March 28, 2013 No. 1

About practice of application of enforcement powers of safety by courts and treatments in criminal trial

Having discussed results of studying and generalization of court practice, for the purpose of ensuring the correct and uniform application of enforcement powers of safety by courts and treatment in criminal trial the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that enforcement powers of safety and treatment concerning the persons who made socially dangerous acts provided by the penal statute in condition of diminished responsibility or committed crimes in sanity condition, but the diseased to the resolution of sentence or in term of imprisonment mental disturbance (disease) depriving of their opportunity to understand value of the actions or to direct them, are aimed at safety of society, the prevention of new socially dangerous acts from such persons, their protection and treatment.

Concerning the persons who committed crimes in condition of the reduced sanity, and also having chronic alcoholism, drug addiction, toxicomania or pedophilia, enforcement powers of safety and treatment can be appointed along with punishment or other measures of criminal liability for the purpose of their treatment and correction.

2. Explain to courts that as the basis for application of enforcement powers of safety and treatment to persons listed in Art. 100 of the Criminal code of the Republic of Belarus (further - UK), serves the fact of making of socially dangerous act provided by the penal statute. Therefore during legal proceedings it is necessary to check carefully the proofs establishing or confuting committing by person of such act.

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