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11.02.2022
Lukashenko considers amendments to Criminal Procedure Code
MINSK (
BelTA) – The work was launched two years ago, following a meeting on improving the performance of courts. The main goal is to improve the procedure for appealing against court decisions in criminal proceedings.
“A focus of attention in our country has always been on the efficiency of the judicial system. The topic of our conversation today is court hearings, especially in criminal cases,” said Aleksandr Lukashenko.
The president explained: “There are two parties [in a lawsuit]: someone is satisfied with the court decision, someone is not. Sometimes both sides are dissatisfied. But more often it is when one party is not happy with the decision. The dissatisfied party would like to appeal against the court ruling. Belarus has a system. We see, however, that it needs to be improved for the benefit of people.”
“In the end everyone can go to court to protect their violated rights. It is from the courts that people expect verified, fair and lawful legal decisions. Criminal proceedings are of special importance here. The seriousness of the issues under consideration and the consequences of the court rulings require a very balanced approach to reforming this sector. Especially when it comes to such a sensitive moment for people as appealing against court decisions.”
According to Aleksandr Lukashenko, unfortunately, even the most competent and experienced judge or prosecutor is not immune from mistakes in his work. They can be not only minor, technical mistakes, but sometimes they can lead to the conviction of an innocent person. “The opportunity to correct such mistakes should be guaranteed,” the Belarusian leader stressed.
He recalled that in 2016 the criminal process switched from a cassation to an appeal procedure, which allows for a more complete investigation of the circumstances of the case in the court of second instance. “In 2019, I instructed the Supreme Court to make proposals to further improve the procedure for appealing court rulings in criminal cases. That is what I said at the beginning: if a person is dissatisfied, they have the right to file a complaint. In late 2021, the Supreme Court submitted a relevant draft law,” the president said.
On the one hand, this draft envisages optimization of the existing order of judicial decisions review to avoid unnecessary red tape, bureaucracy and overorganization. On the other hand, it proposes to introduce an additional stage of court proceedings – cassation.
“In that regard, I would like the drafters and those concerned to make clear why we need a return to the criminal process of cassation. We already had it. After all, appeal proceedings also remain. What will be the key differences between the appeal and cassation? How will the innovations affect the economy and efficiency of justice? The goal is to avoid red tape and, of course, there should not be an increase in costs,” said the head of state.
According to the president, given the submitted materials, the concerned bodies had no remarks concerning the draft law. “Everyone agreed. Is everything flawless in this draft law? We must, if we are going to change the legislation to make the best decision at the moment. I would like us to frankly and openly discuss this draft law, see if there are any pitfalls or anything missing. Is the bill in general ready for consideration in parliament. What are the benefits of this bill for the law enforcement and judicial systems, and, most importantly, for our citizens?” said the head of state.
According to Aleksandr Lukashenko, it is very important for both the defendants and convicts, as well as their relatives that the trial is as fair as possible.
“A focus of attention in our country has always been on the efficiency of the judicial system. The topic of our conversation today is court hearings, especially in criminal cases,” said Aleksandr Lukashenko.
The president explained: “There are two parties [in a lawsuit]: someone is satisfied with the court decision, someone is not. Sometimes both sides are dissatisfied. But more often it is when one party is not happy with the decision. The dissatisfied party would like to appeal against the court ruling. Belarus has a system. We see, however, that it needs to be improved for the benefit of people.”
“In the end everyone can go to court to protect their violated rights. It is from the courts that people expect verified, fair and lawful legal decisions. Criminal proceedings are of special importance here. The seriousness of the issues under consideration and the consequences of the court rulings require a very balanced approach to reforming this sector. Especially when it comes to such a sensitive moment for people as appealing against court decisions.”
According to Aleksandr Lukashenko, unfortunately, even the most competent and experienced judge or prosecutor is not immune from mistakes in his work. They can be not only minor, technical mistakes, but sometimes they can lead to the conviction of an innocent person. “The opportunity to correct such mistakes should be guaranteed,” the Belarusian leader stressed.
He recalled that in 2016 the criminal process switched from a cassation to an appeal procedure, which allows for a more complete investigation of the circumstances of the case in the court of second instance. “In 2019, I instructed the Supreme Court to make proposals to further improve the procedure for appealing court rulings in criminal cases. That is what I said at the beginning: if a person is dissatisfied, they have the right to file a complaint. In late 2021, the Supreme Court submitted a relevant draft law,” the president said.
On the one hand, this draft envisages optimization of the existing order of judicial decisions review to avoid unnecessary red tape, bureaucracy and overorganization. On the other hand, it proposes to introduce an additional stage of court proceedings – cassation.
“In that regard, I would like the drafters and those concerned to make clear why we need a return to the criminal process of cassation. We already had it. After all, appeal proceedings also remain. What will be the key differences between the appeal and cassation? How will the innovations affect the economy and efficiency of justice? The goal is to avoid red tape and, of course, there should not be an increase in costs,” said the head of state.
According to the president, given the submitted materials, the concerned bodies had no remarks concerning the draft law. “Everyone agreed. Is everything flawless in this draft law? We must, if we are going to change the legislation to make the best decision at the moment. I would like us to frankly and openly discuss this draft law, see if there are any pitfalls or anything missing. Is the bill in general ready for consideration in parliament. What are the benefits of this bill for the law enforcement and judicial systems, and, most importantly, for our citizens?” said the head of state.
According to Aleksandr Lukashenko, it is very important for both the defendants and convicts, as well as their relatives that the trial is as fair as possible.