Key Amendments to the Criminal Code of the Republic of Belarus Effective from 14.04.2021.

(Amendments introduced by the Law of the Republic of Belarus dated 06.01.2021 No. 85-Z "On Amending Codes on Criminal Liability Issues")

Criminal Law Compensation

It has become one of the conditions for exemption from criminal liability, alongside voluntary compensation for damage (harm) caused and payment of criminally obtained income. It must be deposited into the deposit account of the body conducting the criminal proceedings. The amount of compensation is determined depending on the type of crime and as a percentage of the amount of damage (harm) caused, or criminally obtained income.
Type of Crime
Percentage of the amount of damage (harm) caused, or criminally obtained income
Against the order of economic activity 100
Other grave or especially grave crime, not involving an assault on human life or health, which caused:
- damage to state property or property of a legal entity with a state share in the authorized capital
- or significant harm to state or public interests
200
The specified conditions for exemption from criminal liability will also apply to the commission of several specified crimes. Only in this case will they have to be observed in relation to each of the crimes.
The listed conditions for exemption from criminal liability will not apply to persons:
- previously convicted of committing crimes that caused damage to state property or the property of a legal entity with a state share in the authorized capital, or significant harm to state or public interests;
- previously exempted from criminal liability for committing such crimes.

Exemption of a minor from liability

The amount of bail that parents (persons replacing them) pay in case a minor, exempted from liability for a crime not posing a great public danger or a less serious crime (Article 118 of the Criminal Code), is transferred to them, has been adjusted. Its amounts will decrease and will be:
- from 10 to 20 basic units - for crimes not posing a great public danger. Currently - from 10 to 50 basic units;
- from 20 to 50 basic units - for less serious crimes. Currently - from 50 to 100 basic units.

From formal elements of crimes to material ones

Criminal liability for illegal issuance of securities (Article 226 of the Criminal Code) will arise only if there is particularly large damage, for fraudulent bankruptcy (Article 238 of the Criminal Code) - if there is large damage.

Changes in the elements of crimes

Adjusted:
- Part 1 of Article 222 "Production or sale of counterfeit payment instruments" of the Criminal Code. Liability will arise for the illegal dissemination of bank payment card details or authentication data, through which access to accounts or electronic wallets is possible, committed for mercenary motives;
- Part 1 of Article 304 "Violation of fire safety requirements" of the Criminal Code. The violation must negligently cause a fire and destruction or damage to another's property (this change came into force on 01.03.2021);
- Part 1 of Article 306 "Violation of labor protection rules" of the Criminal Code. A new subject of the crime has appeared - individual entrepreneurs;
- Article 343 "Production and dissemination of pornographic materials or objects of a pornographic nature" of the Criminal Code. Liability for the dissemination, advertising of pornography will arise only upon repeated commission of such an act within a year after being brought to administrative responsibility. Deliberate acts or acts of a mercenary nature will immediately be recognized as criminal;
- Parts 2, 3 of Article 431 "Giving a bribe" of the Criminal Code. Liability will arise for giving a bribe using one's official powers and on a particularly large scale. And restriction and deprivation of liberty will be imposed with or without a fine;
- Part 3 of Article 432 "Bribery intermediation" of the Criminal Code. Deprivation of liberty with or without a fine is provided;
- Part 1 of Article 433 "Illegal remuneration" of the Criminal Code. Restriction of liberty or deprivation of liberty will be imposed with or without a fine.

Exclusion of elements of crimes

The following crimes have been excluded from the Criminal Code:
- insult (Article 189 of the Criminal Code);
- providing for criminal liability in case of repeated offense within a year after the imposition of an administrative penalty for the same act. For example, illegal disposal of funds in bank accounts of an economic entity (Article 234-1 of the Criminal Code), consumer fraud (Article 257 of the Criminal Code), unauthorized occupation of a land plot (Article 386 of the Criminal Code), etc.

Increase in sentence length

The term of imprisonment for operating a small vessel (Part 4 of Article 316 of the Criminal Code) or a car (Part 4 of Article 317 of the Criminal Code) while intoxicated, resulting inher death or grievous bodily harm. In the old version, the term was up to seven years without a lower limit; in the new version, it is from three to eight years. The lower limit of the term of imprisonment for malicious hooliganism (Part 2 of Article 339 of the Criminal Code) is increased from one year to three years.

Amendment and Addition of Notes

The concept of fire safety requirements is adjusted. Notes have been added to the article on rape. The concept of insulting a representative of authority, the President of the Republic of Belarus, a judge or a people's assessor, a subordinate of a superior, and vice versa, is introduced.
The note to the article on parole indicates officials holding public office. Now, only they will not be subject to parole and replacement of the unserved part of the sentence with a milder one.
In addition, this note clarifies the elements of corruption crimes. For example, giving a bribe is recognized as such only if committed repeatedly, or on a large scale, or by a person previously convicted under Articles 430-432 of the Criminal Code, and provided that it is committed using their official powers.

Assistant Prosecutor
of Beshenkovichi District
2nd Class Lawyer S.A. Kiryanov