3 general conditions for criminal liability. Criminal Code of the Republic of Belarus

Art. 19 of the Criminal Code of the Russian Federation lists three main conditions under which a member of society can become the subject of criminal punishment. A person who has committed a crime cannot always be punished under the Criminal Code. The legislator provides for situations when, for one reason or another, a person cannot bear criminal liability. In order to be able to protect yourself or loved ones, you need to know the cases in which the subject of the crime is subject to criminal punishment. As well as criteria that, on the contrary, lead to a change in the situation and allow one to avoid criminal liability.

The norm of criminal law under consideration lists the conditions for the onset of criminal liability. But before we talk about when a person is subject to such responsibility, it is necessary to understand what it is. Many people, hearing the epithet “criminal,” immediately imagine pools of blood and, as a result, a slammed cell door. However, this is not always the case.

The phrase “criminal liability” implies that some acts, due to their consequences, are subject to condemnation from the standpoint of the Criminal Code, therefore, for their commission certain punishment.

Criminal penalties may be various types and not always with detention:

Today in Russian Federation The death penalty is not applied even for particularly serious forms of crime.

In accordance with the nineteenth article of the Criminal Code, the general conditions are determined under which a criminal cannot avoid criminal liability.

The legislator established three main criteria:

The concept of sanity is not defined in the Criminal Code. However, Articles 21 and 22 deal with the concepts of insanity and diminished responsibility. These are those cases that affect the assignment of punishment and, as a rule, significantly change it or cancel it completely.

In case of insanity, according to the law, the subject cannot control his actions, manage them due to the presence of any mental illness. This can only be installed medical expert. In this case, the subject of the crime may receive exemption from punishment. However compulsory treatment he is unlikely to escape. Accordingly, the absence of such diseases is sanity.

The term " diminished responsibility» is not used or defined by the legislator, but is actually considered in Article 22 of the Criminal Code. This condition is when a person suffers from a mental disorder, but he may well be considered sane. This fact does not cancel the punishment, but is taken into account by judges when passing a sentence.

When a person declared sane committed a crime in a state of mental disorder, criminal liability is not abolished.

An important criterion When punishing a criminally convicted crime, the age characteristic of the offender is used. Criminal law provides that a person who has reached the age of sixteen can be criminally punished.

It is from this time that the period begins when, according to the legislator, a person is fully capable of independently answering for his own actions and misdeeds. This general criterion.

The age for criminal liability is 14 years for the following crimes:

It should be noted that actions of car theft, when minors try to become drivers of someone else's vehicle due to prank, are assessed by the law very strictly, especially if the result is an accident.

In short, such actions are grounds for criminal prosecution even at the age of fourteen.

About individuals and legal entities

Another criterion for applying criminal liability is belonging to individuals.

Main aspects of criminal liability:

1. The entire Criminal Code concerns only a person as an individual.
2. Legal entities are not subject to criminal liability.

The group of people who committed the crime also does not belong to legal entities. And the punishment for a crime committed in a group will be assigned to each of its members individually in accordance with the degree of his guilt.

If a legal entity is involved in a crime, it will be held liable according to civil and administrative code.

When misconduct legal entity connected with a crime, then he will be held accountable for it executive, but already as a physical person. Thus, Article No. 19 of the Criminal Code strictly individualized punishment for crimes.

1. The concept of criminal liability. Its foundations, conditions, goals.
2. Forms of implementation of criminal liability. Their types. Criminal record.

1. The concept of criminal liability. Its foundations, conditions, goals.

The institution of criminal liability was developed in our science and legislation in the late 50s of the last century. However, until recently there was no consensus on the content and grounds of criminal liability, or the moment of its occurrence. The Criminal Code of 1999 (in force since 2001), for the first time gave legislative definition criminal liability and adopted the category of criminal liability as fundamental in the design of the General Part of the current Criminal Code.

Definition criminal liability is given in Art. 44 of the Criminal Code. Criminal liability is expressed in the conviction on behalf of the state by a court verdict of the person who committed the crime, and application to punishment for the convicted person or other measures criminal legal impact. The fact of conviction, that is, finding a person guilty of committing a crime, entails for him Negative consequences, creates in him a state of criminal record (conviction). The state of condemnation of a criminal expresses the ongoing process of his censure by society. A criminal record (conviction) is the main element of criminal liability.

Content criminal liability consists in the adoption by the court of measures of real influence on the personal and property status of the person guilty of committing a crime. That is why criminal liability begins after the court verdict enters into force. legal force. The beginning of criminal legal relations that arise at the time of the commission of a crime and the beginning of the implementation of criminal liability do not coincide in time. Criminal liability is thus component criminal legal relations. Criminal liability ends after the institution of a criminal record ends. At the same moment, criminal legal relations also end.

The basis criminal liability is a crime (Article 10 of the Criminal Code). Persons who have committed both a completed crime and persons who have not completed the crime, that is, those who have committed preparation or attempted crime, are subject to liability. Criminal liability is borne not only by the perpetrators of the act, but also by all accomplices of the crime.

Basic conditions the onset of criminal liability is determined by the age and sanity of the guilty person. IN in some cases The condition for criminal liability is the demand of the victim to bring the perpetrator to justice. An exhaustive list of crimes that entail criminal liability only at the request (statement) of the victim is given in Art. 33 of the Criminal Code. It includes 29 elements of crime that are not serious and especially serious. The condition for criminal liability may also be administrative or disciplinary prejudice, i.e. committing a certain administrative (disciplinary) offense twice within a year (Article 32 of the Criminal Code).

Purpose criminal liability is the correction of the person who committed the crime and the prevention of the commission of new crimes both by the convicted person (private warning) and by other persons ( global warning). The Criminal Code does not indicate that punishment is the purpose of criminal liability or punishment. It is clear that punishment in itself, although it may partly contribute to achieving a certain level social justice and law and order, but without the prospect of preventing crimes and correcting the criminal, criminal liability is deprived of the main and unconditional necessary elements aimed at effectively combating crime.

At the same time, it seems that the punitive component of punishment is obvious, although not specified in the law. This is confirmed by the presence of the death penalty in the Criminal Code, fixed deadlines For parole etc. It should be noted that punishment acts as an intermediate moment in the movement towards achieving the ultimate goals of criminal liability. Often, the goals of responsibility are not achieved due to the personality characteristics of the offender or for reasons of socio-political and economic nature and punishment becomes the only real result of criminal liability.

Achieving social justice and restoring the rights of the victim are among the general tasks criminal liability. It is unacceptable to use criminal liability to combat minor offenses. There is no point in using harsh measures of criminal liability in cases where neither the severity of the crime, nor the circumstances of the case, nor the identity of the perpetrator indicate the need for harsh influence on the offender. On the other hand, it is unreasonable soft measures criminal liability is caused by the victim’s lack of faith in the law, a sense of impunity on the part of the criminal, legal nihilism from citizens.

Generally main question criminal law policy lies in the extent to which the methods of implementing criminal liability in currently correspond to the level of our social consciousness. What is true for a developed society European countries, then it seems unfair for the public consciousness of post-Soviet or Central Asian countries, and vice versa. The prospect for the development of criminal law in our country is associated with the inclusion in Belarusian legislation of provisions characteristic of developed countries Europe, the integration of criminal law of the Republic of Belarus into the pan-European legal system.

Only the court has the right to bring to criminal liability. Measures of criminal procedural coercion (suppression), which are applied before the court verdict enters into legal force, do not act as a form of implementation of criminal liability. The bodies of inquiry and investigation are vested with the right of coercion within the framework of criminal and criminal procedural legal relations in order to ensure the fulfillment of the legally assigned tasks for the prevention, suppression, detection and investigation of crimes. Finding a person guilty of committing a crime, declaring a state of conviction, choosing forms and measures of criminal liability are included in exceptional competence justice.

Criminal liability has distinctive features compared with other types legal liability . In criminal law, measures of property pressure, such as a fine, correctional work, confiscation of property, are not applied to compensate for damage to the injured individual or legal entity, which is typical, for example, of civil or labor relations, and are collected as state income. As for the restriction of personal freedoms, the forms of implementation of criminal liability in terms of size and duration are the most severe measures of influence on the perpetrator of all possible measures of legal liability, including administrative (for example, types of punishment such as imprisonment, life imprisonment, the death penalty),.

Criminal liability is applied only by the court, therefore it is impossible for the culprit to voluntarily implement the measures provided as punishment for committed offense. Post-criminal behavior, which was expressed in voluntary compensation caused physical, material and moral damage, may be taken into account by the court when deciding to impose criminal liability and its measures on a person, but is not an unconditional basis for terminating a criminal legal relationship.

Only within the framework of criminal liability is it possible to use the institution of a criminal record as a state of long-term law enforcement restriction fundamental rights and personal freedoms.

The only basis for criminal liability is the commission of a crime. The list of crimes is exhaustive. Criminal liability by analogy is not allowed.

2. Forms of implementation of criminal liability. Their types. Criminal record.

Criminal liability, in accordance with Art. 46 of the Criminal Code, implemented as With application of punishment to the convicted person, and in other ways, namely:

- in the form of a defermentexecutionpunishments;

- conditional non-application of punishment;

- without imposing punishment;

- as well as in the form of conviction of a minor with the use of compulsory educational measures against him (Article 46 of the Criminal Code).

The main way to implement criminal liability is to impose punishment. The view that criminal liability is expressed only in the punishment of the perpetrator has become entrenched in ordinary consciousness. Meanwhile, criminal liability can be implemented, as follows from Article 46 of the Criminal Code, in other ways, in other forms.

These forms and methods are called other measures of criminal liability. The meaning of other measures of criminal liability is that the state refrains from actually punishing the criminal; it leaves punishment as a threat in case the criminal fails to comply with the requirements established by the court upon his conviction, or applies preventive and educational influence to the convicted person.

Highlight main other measures of liability- is a deferment of execution of punishment, suspended sentence, conviction without sentencing and commutation of punishment measures for a minor educational influence.

In addition, the Criminal Code provides derivatives (from punishment and basic measures) other measures of responsibility– this is preventive supervision and preventive monitoring of convicts. Similar measures may be applied not only to persons in respect of whom the sentence has not been fully executed, but also to persons who have served their sentence. The need for preventive measures is dictated by the goals of criminal liability, that is, the maximum possible achievement of the goals of correcting the convicted person and preventing the commission of new crimes.

Bringing to criminal responsibility a person who has committed a crime brings into effect the criminal law criminal record institute. A criminal record means the application of punishment or other measures of influence to a convicted person, including preventive measures control over his behavior during the period of his conviction (Article 45 of the Criminal Code). Criminal record is legal status which lasts certain time after the court's verdict. The length of a criminal record depends on the severity crime committed and dangers to the personality of the convicted person.

For a convicted person who has committed a serious or especially serious crime, who has served his sentence, or for those convicted with a deferred sentence, without imposing a sentence, and for a minor - if the measures of criminal liability have been replaced by measures of an educational nature, preventive supervision is carried out during the period of the criminal record (Article 81 CC). For persons who have committed the most dangerous crimes, repeat offenders are subject to preventive supervision during their criminal record (Article 80 of the Criminal Code).

The criminal record is terminated automatically after the expiration of a certain set time or can be removed early by the court, provided that the convicted person behaves law-abidingly.

In addition to the application of penalties, the conviction of a person for committing a crime entails unconditional compensation for property and moral damage to the perpetrators (Part 3 of Article 44 of the Criminal Code). Property damage can be measured by the monetary value of the actual harm, damage or loss of profit caused. Destroyed or damaged items and things can be reimbursed by their analogues. Size material compensation moral damage is determined based on the requirements of the victim and an assessment of the specific circumstances of the case. Arbitrage practice compensation for moral damage in monetary or material equivalent is not currently established.

Article 19.

Article 21.

1. A person who, during the commission of a public dangerous act was in a state of insanity, that is, could not realize the actual nature and social danger of his actions (inaction) or control them due to a chronic mental disorder, temporary mental disorder, dementia or other painful mental state.

Article 24.

1. A person who committed an act intentionally or through negligence is found guilty of a crime.

2. An act committed only through negligence is recognized as a crime only in cases where it is specifically provided for by the relevant article of the Special Part of this Code.

Article 25.

1. An act committed with direct or indirect intent.

2. A crime is recognized as committed with direct intent if the person was aware of the social danger of his actions (inaction), foresaw the possibility or inevitability of the onset of public dangerous consequences and wanted their attack.

3. A crime is recognized as committed with indirect intent if the person was aware of the social danger of his actions (inaction), foresaw the possibility of socially dangerous consequences, did not want, but consciously allowed these consequences or was indifferent to them.

Article 26.

1. A crime committed through negligence is an act committed through frivolity or negligence.

2. A crime is recognized as committed due to frivolity if a person foresaw the possibility of socially dangerous consequences of his actions (inaction), but without sufficient grounds, he arrogantly hoped to prevent these consequences.

3. A crime is recognized as committed through negligence if the person did not foresee the possibility of socially dangerous consequences of his actions (inaction), although with the necessary care and forethought he should and could have foreseen these consequences.

(Extracts from the Criminal Code of the Russian Federation)

1. There is an opinion in society that tightening the criminal liability of minors for all types of crimes is one of the essential means providing them lawful behavior. Based on the text and social science knowledge, give one argument each from supporters and opponents of this opinion.

Answer:

Arguments for"

The number of crimes committed by minors is growing.

Tightening criminal liability will stop many teenagers from committing crimes.

Arguments against":

By virtue of age characteristics in a minor who committed a crime, the decisive motive could be such as a false sense of camaraderie, the tendency to imitate could play a role, and not the antisocial orientation of the individual and the desire to extract personal benefit from the crime committed;

One of the arguments against tightening the criminal liability of minors may be the commission of a crime by a teenager as a result of physical or mental coercion by an adult.

2. Formulate the name of each of the given articles of the Criminal Code of the Russian Federation.

Answer:

Article 19. General conditions of criminal liability

Article 21. Insanity

Article 24. Forms of guilt

Article 25. Crime committed intentionally

Article 26. Crime committed through negligence

3. According to Art. 21 of the Criminal Code of the Russian Federation “a person who was in a state of insanity at the time of committing a socially dangerous act is not subject to criminal liability.” How do you understand the meaning of the following characteristics: a person a) “could not realize the actual nature of his actions (inaction)”; b) the person “could not realize the social danger of his actions (inaction)”?

Answer:

a) incapable of realizing the nature of the actions they perform and of managing their actions;

b) incapable of realizing the consequences of their actions (inaction) causing significant damage

4. According to the Criminal Code of the Russian Federation, a person who has reached 16 years of age at the time of committing a crime is subject to criminal liability. But for some crimes, persons over the age of 14 are subject to criminal liability. Using social science knowledge, name three such crimes and explain why responsibility for them occurs so early.

Answer:

Persons who have reached the age of fourteen at the time of committing a crime are subject to criminal liability for:

1) murder (serious crime, intentional causing the death of another person, crime against a person);

2) intentional infliction grievous harm health (serious crime, crime against the person);

3) violent acts sexual nature (serious crime, crime against the person)

5. Name three general conditions onset of criminal liability established by the Criminal Code of the Russian Federation.

Answer:

Only a sane individual who has reached the age established by this Code is subject to criminal liability.

6. Driving a car while in a strong state alcohol intoxication citizen R. was responsible for an accident that resulted in the death of two people. Determine the form of guilt of citizen R. Explain your answer. Provide a link to the relevant article of the Criminal Code of the Russian Federation and the corresponding paragraph of this article.

Answer:

Form of guilt - the crime was committed through negligence, frivolity, because the driver foresaw the possibility of socially dangerous consequences of his actions (inaction), but without sufficient grounds, he arrogantly counted on preventing these consequences (Article 26, Part 2 of the Criminal Code of the Russian Federation) .

Criminal liability- this is a form of legal liability provided for by law for committing a crime, which occurs for the person who committed it after a court verdict and is implemented in one form or another of punishment.

Grounds for criminal liability(Article 8 of the Criminal Code of the Russian Federation) - this is necessary and sufficient condition bringing a person to criminal punishment. There are two aspects of the basis of criminal liability: factual and legal. Factual basis is the fact that a person has committed a socially dangerous act. Legal basis is the presence of a specific crime in this act.

Criminal liability entails behind you:

Criminal penalty- this is a measure state coercion imposed by a court verdict on a person found guilty of committing a crime. The punishment is to apply to the perpetrator provided by law measures of deprivation or restriction of the rights and freedoms that he had. Let's consider the system of criminal penalties.

Fine- This monetary recovery, imposed in sizes that are multiples of minimum size wages or income of the convicted person.

Deprivation of the right to occupy certain positions or study certain activities- this measure is applied in cases where the commission of a crime became possible or was facilitated due to official or professional status.

Correctional work - a measure of punishment that does not require isolation of the convicted person from society and is used to restore the positive social position of the offender, maintain or resume the impact of work and being in work collective. At the same time, a property impact is also carried out: from the earnings of the convicted person, the income of the state is withheld established by the court part ranging from 5 to 20%.

Confiscation of property- this is a forced gratuitous seizure into the ownership of the state of all or part of the property that is the property of a convicted person for serious or especially serious crimes. serious crimes committed for selfish reasons.

Restriction of freedom- keeping the convicted person in special institution without isolation from society, but under supervision.

Arrest consists of keeping the convicted person in conditions of strict isolation, for which the necessary security measures are provided.

Imprisonment is imposed for serious crimes, crimes moderate severity, systematic commission of crimes or relapse.

The death penalty is an exceptional punishment. There is currently a moratorium on the use of the death penalty in our country.

Article 19 of the Criminal Code of the Russian Federation defines general conditions of criminal liability:

“Only a sane individual who has reached the age established by this Code is subject to criminal liability.” IN in this case The legislator determines that only individuals. Criminal liability of legal entities is not provided for by criminal law.

This provision follows from the fact that criminal liability is strictly individualized. Subject criminal act can only be a person who, in accordance with the law, can be held criminally liable. If damage is caused by a legal entity, criminal liability for this act will be borne by a specific official of this enterprise, and material and moral damage damage caused as a result of such a criminal act will be compensated by this legal entity in a civil manner.

A necessary condition for the onset of criminal liability, the legislator provides as a sign of the subject of a crime the presence of sanity, i.e. a certain level mental health, in which a person is able to be responsible for his actions and give them an appropriate assessment.

To others a necessary condition The legislator provides for the subject to reach the age of criminal responsibility, which is a sign of a certain level of consciousness. IN otherwise the person will not be the subject of a crime. The age at which criminal liability begins is determined by the legislator with Article 20 of the Criminal Code of the Russian Federation “A person who has reached the age of sixteen at the time of committing a crime is subject to criminal liability.” In Part 2 of Article 20 of the Criminal Code the legislator gives exhaustive list cases where persons who have reached the age of fourteen at the time of committing a crime are subject to criminal liability.

Article 27. Age at which criminal liability begins

1. A person who has reached the age of sixteen at the time of committing a crime is subject to criminal liability, with the exception of cases provided for by this Code.

2. Persons who committed acts prohibited by this Code at the age of fourteen to sixteen years are subject to criminal liability only for:

1) murder (Article 139);

2) causing death by negligence (Article 144);

3) intentional infliction of grievous bodily harm (Article 147);

4) intentional infliction of less serious bodily injury (Article 149);

5) rape (Article 166);

6) violent acts of a sexual nature (Article 167);

7) kidnapping (Article 182);

8) theft (Article 205);

9) robbery (Article 206);

10) robbery (Article 207);

11) extortion (Article 208);

12) theft of a vehicle or small watercraft (Article 214);

(as amended by the Law of the Republic of Belarus dated July 17, 2006 N 147-З)

13) deliberate destruction or damage to property (parts two and three of Article 218);

14) hostage taking (Article 291);

15) theft firearms, ammunition or explosives(Article 294);

16) intentional disabling of a vehicle or means of communication (Article 309);

17) theft narcotic drugs, psychotropic substances, their precursors and analogues (Article 327);

(as amended by the Laws of the Republic of Belarus dated December 20, 2007 N 291-Z, dated July 13, 2012 N 408-Z)

18) hooliganism (Article 339);

19) knowingly false report of danger (Article 340);

20) desecration of structures and damage to property (Article 341);

21) escape from correctional institution executing a sentence of imprisonment, arrest house or from custody (Article 413).

(Clause 21 of Part Two of Article 27 was introduced by the Law of the Republic of Belarus dated January 4, 2003 N 173-Z)

3. Not subject to criminal liability minor which reached provided for in parts 1 or 2 of this article age, if it is established that due to delays in mental development, not associated with a mental disorder (disease), at the time of committing a socially dangerous act, he was not able to recognize the actual nature or social danger of his act.

Article 28. Insanity

1. A person who, at the time of committing a socially dangerous act, was in a state of insanity, that is, could not recognize the actual nature and social danger of his action (inaction) or control it due to a chronic mental disorder (disease), temporary mental disorder, is not subject to criminal liability. dementia or other painful mental condition.

(as amended by the Law of the Republic of Belarus dated 05.05.2010 N 123-Z)

2. To a person declared insane, the court may apply coercive measures safety and treatment.

Article 29. Diminished responsibility

1. A person who, at the time of committing a socially dangerous act, was in a state of diminished sanity, that is, could not fully understand the meaning of his actions or control them due to a mental disorder (illness) or mental retardation, is not exempt from criminal liability.

(as amended by the Law of the Republic of Belarus dated 05.05.2010 N 123-Z)

2. The state of diminished sanity may be taken into account when imposing punishment or other measures of criminal liability, and also serve as the basis for the application of compulsory security measures and treatment to a person.

Article 30. Criminal liability of a person who committed a crime while intoxicated

1. A person who has committed a crime while intoxicated or in a state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances is subject to criminal liability.

(as amended by the Law of the Republic of Belarus dated July 13, 2012 N 408-З)

2. If a crime is committed by a person suffering chronic alcoholism, drug addiction or substance abuse, the court, along with the imposition of punishment or other measures of criminal liability, may impose compulsory security measures and treatment.

Article 31. Committing an act in a state of passion

Criminal liability for an act committed in a state of sudden strong emotional excitement(affect) caused by violence, bullying, grave insult or other illegal or grossly immoral actions of the victim or a long-term psychologically traumatic situation that arose in connection with the systematic illegal or immoral behavior of the victim, when the person could not fully understand the meaning of his actions or manage them, occurs only in the case of intentional infliction of death, grievous or less grievous bodily harm.

Article 32. Administrative or disciplinary prejudice

In cases provided for A special part of this Code, criminal liability for a crime that does not represent a major public danger, occurs if the act is committed within a year after the imposition of administrative or disciplinary action for the same violation.

Article 33. Acts entailing criminal liability at the request of the victim

1. Acts containing signs of crimes:

1) intentional infliction of less serious bodily injury (part one of Article 149);

2) intentional infliction of grievous or less grievous bodily harm in a state of passion (Article 150);

3) intentional infliction of grievous or less grievous bodily harm by exceeding the measures necessary to apprehend the person who committed the crime (Article 151);

4) intentionally causing grievous bodily harm when exceeding the limits necessary defense(Article 152);

5) intentional causing lung bodily injury (Article 153);

6) torture (part one of Article 154);

7) infliction of grave or less grave bodily injury through negligence (Article 155);

8) rape (part one of Article 166);

9) violent acts of a sexual nature (part one of Article 167);

10) disclosure of the secret of adoption (Article 177);

(as amended by the Law of the Republic of Belarus dated July 14, 2003 N 220-Z)

11) disclosure medical confidentiality(parts one and two of Article 178);

(as amended by the Law of the Republic of Belarus dated January 4, 2003 N 173-З)

12) illegal collection or dissemination of information about privacy(Part one of Article 179);

12-1) threat of murder, infliction of serious bodily harm or destruction of property (Article 186);

(Clause 12-1 of the first part of Article 33 was introduced by the Law of the Republic of Belarus dated January 4, 2003 N 173-Z)

13) libel (Article 188);

14) insult (Article 189);

16) violation of the inviolability of home and other legal possessions of citizens (part one of Article 202);

17) violation of confidentiality of correspondence, telephone conversations, telegraphic or other messages (part one of Article 203);

18) refusal to provide information to a citizen (Article 204);

19) causing property damage without signs of theft (part one of Article 216);

20) illegal alienation of entrusted property (Article 217);

21) intentional destruction or damage to property (part one of Article 218);

22) destruction or damage to property due to negligence (Article 219);

23) discredit business reputation competitor (Article 249);

24) disclosure trade secret(Article 255);

24-1) violation of traffic and operating safety rules small vessels(Part one of Article 316);

(Clause 24-1 of the first part of Article 33 was introduced by the Law of the Republic of Belarus dated January 4, 2003 N 173-Z)

25) breaking the rules traffic or operation Vehicle(Part one of Article 317);

(as amended by the Laws of the Republic of Belarus dated January 4, 2003 N 173-Z, dated July 17, 2006 N 147-Z)

26) theft personal documents(Article 378);

(Clause 26 of Part One of Article 33 was introduced by the Law of the Republic of Belarus dated January 4, 2003 N 173-Z)

27) coercion to fulfill obligations (part one of Article 384), -

(Clause 27 of Part One of Article 33 was introduced by the Law of the Republic of Belarus dated January 4, 2003 N 173-Z)

entail criminal liability only if there is a demand expressed in the manner established by the criminal procedural law of the person who has suffered from the crime, or his legal representative or a representative of a legal entity, bring the perpetrator to criminal liability.

2. The prosecutor has the right to initiate a criminal case on the basis of the commission of crimes named in this article only in cases provided for by the criminal procedure law.

3. The provisions of parts one and two of this article also apply in cases where provided for by part sixth notes to Chapter 24 of this Code.

Related information.