LAW OF THE REPUBLIC OF BELARUS

of July 18, 2017 No. 53-Z

About modification and amendments in Criminal and Criminal procedure codes of the Republic of Belarus

Accepted by the House of Representatives on June 21, 2017

Approved by Council of the Republic on June 26, 2017

Article 1. Bring in the Criminal code of the Republic of Belarus of July 9, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 76, 2/50; 2003, No. 8, 2/922; No. 83, 2/974; 2006, No. 92, 2/1219; 2009, No. 173, 2/1594; 2011, No. 4, 2/1775) following changes and amendment:

1. 2 parts 4 Articles 49, Item 2 of part 3 of Article 52 and Item 2 of part 5 of Article 55 to state Item in the following edition:

"2) to persons which reached generally established retirement age;".

2. Add Article 61 with part 7 of the following content:

"7. If special confiscation of the property acquired in the criminal way of income gained from use of this property at the time of decision making about confiscation is impossible owing to loss, expenditure, destruction, realization or for other reasons, the sum of money corresponding to property value of the income acquired in the criminal way, and (or) to the size gained from use of this property is collected from the state condemned in the income. The size of the sum of money which is subject to collection is determined by court on the date of adjudgement.".

3. Regarding the 2nd Article 77 of the word "to the men who reached age of sixty years to the women who reached age of fifty five years" shall be replaced with words to "persons which reached generally established retirement age".

4. Regarding 3rd Article 78 and paragraph one of part 31 of Article 90 of the word "the men who reached age of sixty years and the women who reached age of fifty five years" shall be replaced with words "persons which reached generally established retirement age" in the corresponding case.

Article 2. Bring in the Code of penal procedure of the Republic of Belarus of July 16, 1999 (The national register of legal acts of the Republic of Belarus, 2000, No. 77-78, 2/71; No. 47, 2/152; 2003, No. 8, 2/922; No. 80, 2/969; 2007, No. 4, 2/1292; No. 170, 2/1348; No. 264, 2/1378; 2008, No. 1, 2/1394; No. 6, 2/1405; 2009, No. 173, 2/1594; 2010, No. 14, 2/1659; No. 120, 2/1674; 2011, No. 4, 2/1775; No. 140, 2/1877; 2012, No. 2, 2/1884; No. 10, 2/1901; National legal Internet portal of the Republic of Belarus, 17.01. 2015, 2/2239; 23:07. 2015, 2/2303; 26.01. 2016, 2/2354) following changes and amendments:

1. In Article 6:

"to exclude the victim, the suspect, the person accused or person who made socially dangerous act" from Item 1 of the word;

add Article with Item of 121 following contents:

"121) person which was subject to attraction as the suspect, the person accused - person who died after crime execution before excitement concerning its criminal case or during preliminary inquiry of crime if concerning this person criminal case was not brought, but there are sufficient data specifying making of this crime by it;";

add Article with Item of 281 following contents:

"281) representatives of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused - close relatives, members of the family of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused or their legal representatives allowed to participation in the production on materials and criminal case under the resolution (determination) of the body conducting criminal procedure, according to the procedure established by this Code;";

Item 41 after the word "representatives" to add with the words "representatives of the died person accused";

Item 49 after the word "representatives" to add with the words "representatives of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused".

2. In Article 11:

regarding 1 word "for production forensic-psychiatric or other" shall be replaced with words "or forensic-psychiatric expert hospital for production";

to add part 2 after the word "health cares" with the words "or forensic-psychiatric expert hospital".

3. In Article 17:

state part 3 in the following edition:

"3. In the cases of person provided by the law, conducting production on materials and criminal case, shall provide participation of the defender of the suspect, person accused, and equally in the defender for implementation of protection of the rights and legitimate interests of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused.";

add Article with part 5 of the following content:

"5. In the cases provided by this Code protection of the rights and legitimate interests of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused is performed at the expense of means of the local budget.".

4. Add Article 29 with part 5 of the following content:

"5. Refusal in initiation of legal proceedings, and also cessation of production on criminal case on the basis, stipulated in Item 7 parts of 1 this Article, are not allowed if close relatives, members of the family of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused or their legal representatives who can be recognized as representatives of the died suspect of the person accused, person which was subject to attraction as the suspect, the person accused submitted the application for disagreement with refusal in initiation of legal proceedings or cessation of production on criminal case and attraction to participation in production on materials and criminal case as the representative of the died suspect, the person accused, person which was subject to attraction as the suspect, the person accused, according to the procedure, established by this Code. In that case production on materials and criminal case continues according to the procedure, established by Chapter 492 of this Code.".

5. Regarding the 2nd Article 33:

in Item 2 "heel" to replace the word with figure "5";

in Item 3 of the word "the organization of health care" shall be replaced with words "forensic-psychiatric expert hospital".

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