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

of September 29, 2016 No. 7

About accomplishment of the resolution of the Plenum of the Supreme Court of the Republic of Belarus by courts of October 1, 2008 No. 7 "About court practice on cases on the crimes connected with road traffic offense or operation of vehicles (the Art. of Art. 317-318, 321 of UK)" and introduction in it of changes and amendments

Having considered materials of generalization of court practice on cases on the crimes connected with road traffic offense or operation of vehicles, the Plenum of the Supreme Court of the Republic of Belarus notes that as a result of the taken measures for increase in traffic safety the criminal record for these crimes significantly decreased. At the same time the correct and timely consideration by courts of cases on the crimes encroaching on traffic safety that is promoted substantially by the resolution of the Plenum of the Supreme Court of the Republic of Belarus No. 7 accepted on October 1, 2008 "About court practice on cases on the crimes connected with road traffic offense or operation of vehicles (the Art. of Art. 317-318, 321 of UK)" is important for increase in discipline of participants of traffic.

Results of studying and generalization of court practice show that courts consider the majority of cases of the specified category according to requirements of the legislation.

At the same time in work of the courts separate shortcomings take place.

Not in all cases courts create necessary conditions for clarification of circumstances of the road accident and not always open in sentence content of the road traffic offenses allowed by the person accused or operation of vehicles.

In case of assignment of punishment courts generally observe provisions of article 62 of the Criminal code of the Republic of Belarus, however on some cases do not consider sufficiently nature of the allowed violations, weight of the come effects and data on the identity of the guilty person.

The plenum of the Supreme Court of the Republic of Belarus decides:

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