Modernization of criminal legislation, taking into account the development of social relations, is so indicated by the task in the finalization of the draft law on "improving the codes of criminal liability". At the next meeting of the Working Group, which took place on February 24, under the leadership of the head of the Presidential Administration of Igor Sergeyenko, some key innovations are indicated. They list PRAVO.BY.
Sergeyenko recalled that the work was carried out on behalf of Lukashenko and is at the final stage: "The document is extremely important in both the state and for ordinary people. In fact, in the non-stop mode, the draft law was completed in the non-stop mode, including taking into account the numerous proposals of interested. More than 300 pages of sentences were presented, many are used in the project.
In particular:
The conditions under which the limits of the necessary defense comes are specified (if the person as a result of the surprise of the encroachment could not objectively assess its danger and character); The rules for the appointment of punishments are specified (there is a more differentiated approach to the appointment of a fine, depending on the circumstances of the crime and personality of the criminal, as well as the possibility of its installments); The Institute for the Replacement of Punishment, not related to isolation, more stringent, unless convictedly evades serving this punishment.
The sanctions are revised about 70 crimes compositions for "achieving the balance of criminal law and to ensure compliance with the nature and degree of public danger of Act." A number of articles introduced a restriction of freedom as an alternative to deprivation, which, as PRAVO.BY notes, will allow the courts to act more flexibly.
It is also assumed to eliminate a number of articles and crime compositions. In particular, those that:
are formal in nature (for example, violation of the safety rules for the safety of genetic engineering organisms, when it did not cause harm to the health of people and the environment); covered by the use of other impact measures (for example, harm caused by the environment as a result of the violation of the rules of water use, the rules for the protection of fish and other aquatic animals is reimbursed according to the established taxes, therefore the application of criminal law measures is unnecessary); Categories the names of the net and provide for an administrative allocation as the condition for attracting responsibility (for example, the abolition of responsibility for violating the rules of hunting and fishing).
The project also provides for measures to "ensure additional protection of the constitutional system of the country, the life and health of citizens." To do this, it is proposed to include new articles and crime articles in the Criminal Code: for extremism, a repeated violation of the procedure for mass events, the distribution of the owner of the Internet resource of prohibited information, production (importation, sales) of falsified medical preparations, as well as the illegal collection and dissemination of personal data.
When adjusting the Code of Criminal Procedure:
expanding the use of information technologies in the criminal process (for example, the possibility of producing individual investigative actions in web conference mode); Strengthening the role of the prosecutor's office (Prosecutor General, deputies, as well as prosecutors of regions and Minsk, are endowed with the authority to make mandatory prosecution authorities for execution).
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