Key Amendments to the Criminal Procedure Code of the Republic of Belarus Effective from April 14, 2021
The main amendments concern forensic expert activities and are related to the need to regulate criminal proceedings not only in court but also in inquiry and investigation bodies. In addition, paragraph 52 of Article 2 of the Law on Amendments to the Codes on Criminal Liability Issues introduced changes to Article 454 "Completion of Expedited Proceedings" of the CPC.
The rights of an expert, defined in Part 2 of Article 61 of the CPC, are partially set forth in a new version. Thus, it is established that an expert has the right to:
- petition for additional materials, objects (access thereto) necessary for providing an opinion; for clarification of the content of the questions posed; for involving other experts in the examination; for permission to use methods that may lead to complete or partial destruction of the objects of examination or alteration of their appearance or main properties; for revocation of permission for participants in criminal proceedings to be present during the examination; for taking measures to ensure their own safety, the safety of their family members, close relatives, and other persons whom they reasonably consider close, as well as property (para. 2);
- provide an opinion both on the questions posed and on circumstances within their competence identified during the examination (para. 4).
The duties of an expert, described in Part 4 of Article 61 of the CPC, are analogous to those enshrined in the Economic Procedure Code of the Republic of Belarus (hereinafter – EPC) and the Civil Procedure Code of the Republic of Belarus.
Changes have also occurred in the regulation of the procedure for appointing an examination, and not only editorial ones. Thus, Part 6 of Article 227 of the CPC, which stipulates that the investigator, the person conducting the inquiry, has the right to be present during the examination, was supplemented with the provision "with the exception of the expert's preparation of the opinion." A similar exception regarding the rights of the suspect, accused, their legal representatives, and defenders is contained in paragraph 5 of Part 1 of Article 229 of the Criminal Code.
The amendments to Articles 230 and 231 of the CPC are analogous to those introduced in the EPC and concern the organization of examinations in and outside forensic expert organizations, warning the expert about criminal liability for giving a knowingly false opinion, as well as for refusing or evading without valid reasons to perform their assigned duties.
The content of the expert's opinion, defined in Article 236 of the CPC, is identical to that enshrined in Article 94 of the EPC. It is clarified that the expert's opinion is prepared and signed by the expert (experts) on their own behalf after conducting the study, taking into account its results.
Prosecutor of Beshenkovichi District
Junior Counselor of Justice A.A. Starchenko
The rights of an expert, defined in Part 2 of Article 61 of the CPC, are partially set forth in a new version. Thus, it is established that an expert has the right to:
- petition for additional materials, objects (access thereto) necessary for providing an opinion; for clarification of the content of the questions posed; for involving other experts in the examination; for permission to use methods that may lead to complete or partial destruction of the objects of examination or alteration of their appearance or main properties; for revocation of permission for participants in criminal proceedings to be present during the examination; for taking measures to ensure their own safety, the safety of their family members, close relatives, and other persons whom they reasonably consider close, as well as property (para. 2);
- provide an opinion both on the questions posed and on circumstances within their competence identified during the examination (para. 4).
The duties of an expert, described in Part 4 of Article 61 of the CPC, are analogous to those enshrined in the Economic Procedure Code of the Republic of Belarus (hereinafter – EPC) and the Civil Procedure Code of the Republic of Belarus.
Changes have also occurred in the regulation of the procedure for appointing an examination, and not only editorial ones. Thus, Part 6 of Article 227 of the CPC, which stipulates that the investigator, the person conducting the inquiry, has the right to be present during the examination, was supplemented with the provision "with the exception of the expert's preparation of the opinion." A similar exception regarding the rights of the suspect, accused, their legal representatives, and defenders is contained in paragraph 5 of Part 1 of Article 229 of the Criminal Code.
The amendments to Articles 230 and 231 of the CPC are analogous to those introduced in the EPC and concern the organization of examinations in and outside forensic expert organizations, warning the expert about criminal liability for giving a knowingly false opinion, as well as for refusing or evading without valid reasons to perform their assigned duties.
The content of the expert's opinion, defined in Article 236 of the CPC, is identical to that enshrined in Article 94 of the EPC. It is clarified that the expert's opinion is prepared and signed by the expert (experts) on their own behalf after conducting the study, taking into account its results.
Prosecutor of Beshenkovichi District
Junior Counselor of Justice A.A. Starchenko