Politically Oriented Changes and Supplements to Criminal Code

2006 2006-12-20T10:00:00+0200 1970-01-01T03:00:00+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

The Law
Of the Republic of Belarus

On introduction of changes and supplements to
some legislative acts of the Republic
of Belarus concerning the aggravation of responsibility
for actions against individual and public security

Adopted by the Chamber of Representatives
Approved by the Soviet of the Republic

Article 1. To introduce the following changes and supplements to the Criminal Code of the Republic of Belarus of 9 July 1999 (National Register of the legislative acts of the Republic of Belarus, 1999, #76, 2/50; 2003, #8, 2/922, #83, 2/974):
1. To supply part 2 of article 147 with point 10 with the following content:
“10) in a generally dangerous way, -- “.
2. To supply paragraph 1 of part 2 of article 149 with the words “or in a generally dangerous way,”.
3. To put article 193 in the following edition:
“Article 193. Organization or direction of a public association, religious organization that infringe upon the person, rights and obligations of citizens
1. Organization or direction of a political party, other public association, religious organization, the activity of which is accompanied with personal violence or infliction of bodily injures or other infringements upon the rights, liberties and legal interests of citizens, or hindrance to fulfillment of state, public or family duties by citizens, --
are punished with up to six months of arrest of up to two years of imprisonment.
2. The same actions, accompanied with organization or direction of a political party, other
public association or religious organization, mentioned in part 1 of this article, that
didn’t pass the state registration within the given period, --
are punished with up to six months of arrest of up to three years of imprisonment.
4. To supply The Code with Article 1931 of the content:
Article 1931. Illegal organization of the activity of a public association, fund or participation
in their activity
Organization of the activity or participation in the activity of the political party, other public association, religious organization or fund, concerning which there is the enforced decision of the empowered state organ on their liquidation or suspension of their activity, as well as organization of activity or participation in the activity of the political party, other public association, religious organization or fund that didn’t pass the state registration within the given period, --
are punished with up to six months of arrest of up to two years of imprisonment.

Notes:
1. participation in the activity of the political party, other public association, religious organization or fund in this article are understood as actions, aimed at reaching the aims of the mentioned association, organization or fund, including the aims defined in their statute and other documents.
2. The action of this article doesn’t spread on the organization of the activity or participation in the activity of the political party, other public association, religious organization or fund, concerning which there is enforced decision of the empowered state organ about the suspension of their activity, which is aimed at liquidation of the violations that became the reason for the suspension of the activity, and also on the organization of the activity or participation in the activity of the political party, other public association, religious organization or fund, connected to the state registration according to the established order.
3. The person who on free will stopped his actions, provided by this article, and stated it to the appropriate state organs, escapes the criminal responsibility in the case there is no corpus delicti of another crime in his actions.
4. Paragraph 1 of this part doesn’t spread on the persons who committed analogous actions within two-year period since the free-will cessation of the actions, provided by this article.
5. To change the word “six” to the word “seven” in paragraph 2 of part 2 of article 285.
6. To supply paragraph 1 of part 1 of articles 289 and 290 after the word “for” with the words “destabilization of the public order, or”.
7. To supply article 293 with part 3 with the following content:
“3. Training or other preparation of persons to participation in mass riots, accompanied with the actions, mentioned in part 1 of this article, as well as financing or any other material provision of such action –
are punished with up to six months of arrest of up to three years of imprisonment.
8. In part 295:
in paragraph 2 of part 2 the words “six years” change to the words “seven years with or without property confiscation”;
in paragraph 2 of part three the word “eight” change to the word “ten”;
in paragraph 2 of part 4 change the for “ten” to the word “twelve”.
9. To put part 3 of article 339 in the following edition:
“The actions, provided by parts 1 and 2 of this article, committed with the use of weapons and other things used as weapons, with the use of explosives or explosive devices, or committed with the threat of their use in case of absence of features of harder crimes (especially malignant hooliganism) –
are punished with three-ten years of imprisonment.
10. In article 342: to put the title in the following edition:
“Article 342. Organization and preparation of the actions that grossly violate the public order or active participation in them”;
To change the word “Organization” in paragraph 1 to the words
“1. Organization”;
To supply the article with part 2 with the following content:
“2. Training or other preparation of persons to participation in the group actions that grossly violate the public order, as well as financing or other material provision of such activity in the case of absence of features of a harder crime --
are punished with up to six months of arrest or up to two years of jail.”
11. In article 357:
to supply the title and paragraph 1 of part 1 after the word “plot” with the words “or other actions, committed”;
to supply the note to the article after the word “plot” with the words “or other actions, committed with the aim to seize or retention of the state power in non-constitutional way,”.
12. To put article 361 in the following edition:
“Article 361. Urges to actions, aimed at damnification of the external security of the Republic of Belarus, its sovereignty, territorial immunity, national security and defense capacity
1. Public urges to the seizure of the state power and forcible change of the constitutional regime of the Republic of Belarus or high treason, or commitment of a terrorist act or diversion or commitment of other actions to the prejudice of the external security of the Republic of Belarus, its sovereignty, territorial immunity, national security and defense capacity or distribution of the materials, containing such urges, --
are punished with up to six months of arrest or up to three years of imprisonment.
2. Urges, addressed to a foreign state, foreign or international organization to
commit actions to the prejudice of security of the Republic of Belarus, its sovereignty, territorial immunity, national security and defense capacity in the case of absence of features of a harder crime –
are punished with up to six months of arrest or up to three years of imprisonment.
3. The actions, provided by parts 1 and 2 of this article, committed with the use of mass media, --
are punished with two-five years of imprisonment.
13. To supply the Code with article 3691 with the following content:
Presentation to a foreign state, foreign or international organization patently false information concerning the political, economical, social, military or international situation of the Republic of Belarus, the legal situation of citizens in the Republic of Belarus, discrediting the Republic of Belarus or its authorities (discrediting of the Republic of Belarus), --
is punished with up to six months of arrest or up to two years of jail.
14. To supply paragraph 1 of article 382 with the words “or accompanied with participation on this basis in negotiations or other meetings with representatives of foreign states, foreign or international organizations or sittings of international organizations,”.
Article 2. To introduce into the Criminal-process Code of the Republic of Belarus of 16 July 1999 (National Register of the legislative acts of the Republic of Belarus, 1999, #77-78, 2/71; 2003, #8, 2/922; 2005 #74, 2/1112) the following changes and supplement:
1. In part 4 of article 108:
to change the words “by article 286, part 3 of article 289” to the words “by articles 286, 289”;
to change the words “hard crime, provided by part 2 of article 285” to the words “by hard crimes, provided by a part of part 2 of article 285 and part 3 of article 339”.
2. To supply part 6 of article 189 with after the figures “128-134” with the figures “3691”.
Article 3. To supply paragraph 8 of Article 3 of the Law of the Republic of Belarus of 3 January 2002 “On counteraction to terrorism” (National register of the legislative acts of the Republic of Belarus, 2002, #6, 2/285) after the word “for” with the words “destabilization of the public order or”.
Article 4. For the Soviet of Ministers of the Republic of Belarus -- to take the measures, necessary for fulfillment of this law, within three-months’ period.
Article 5. This law comes into force ten days after the official publication.

President
of the Republic of Belarus

слухаць Радыё рацыя Міжнародная федэрацыя правоў чалавека Беларуская Інтэрнэт-Бібліятэка КАМУНІКАТ Грамадзкі вэб-архіў ВЫТОКІ Антидискриминационный центр АДЦ 'Мемориал' Prava-BY.info Беларускі Праўны Партал Межрегиональная правозащитная группа - Воронеж/Черноземье
Московская Хельсинкская группа
Молодежное Правозащитное Движение
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