Imprisonment as a form of punishment has become less common in Belarus

On December 14, Minsk /BELTA correspondent/. The percentage of prison sentences in Belarus has decreased, as reported today to journalists by the Deputy Prosecutor General of Belarus, Aleksei Stuk, as conveyed by a BELTA correspondent. "Moreover, the reduction is occurring under the concept (Concept for improving the system of criminal liability measures and the procedure for their enforcement - BELTA note) by proposing other penalties by the prosecutor. And the courts are also oriented towards a gradual reduction of this measure of punishment," said Aleksei Stuk. He noted that the number of such sentences has decreased by almost 4% this year. Imprisonment accounts for approximately 22.7% of the total structure of punishments. At the same time, the Deputy Prosecutor General emphasized: "It is not about constantly reducing this measure of punishment, but about ensuring that it absolutely corresponds to the severity of the crime, the personality of the accused, and the criminological structure of crime dynamics." He did not rule out that with a certain change in the crime situation, the proportion of this type of punishment might increase. In total, since the beginning of this year, about 9.4 thousand people have been sentenced to imprisonment, which is approximately 3 thousand less than in the same period of 2010. In addition, the Deputy Prosecutor General reported that over the past four years, the crime rate has generally decreased. This has led to a decrease in the number of convicted persons. From January to September of the current year, their number decreased by more than 6 thousand people compared to the same period in 2010, i.e., by 12.8%, and amounted to about 41.4 thousand people. Also, according to the prosecutor's offices, 22.5% of minors were convicted with the application of educational measures (Article 117 of the Criminal Code). Aleksei Stuk recalled that law enforcement agencies of Belarus have been working for almost a year under the Concept for improving the system of criminal liability measures and the procedure for their enforcement, which was introduced by decree in December 2010. The main goal of the concept is to optimize penalties and other criminal liability measures. As the Deputy Prosecutor General noted, the socio-economic situation in the country, as well as crime dynamics, should be taken into account.

Speaking about the optimisation of pre-trial detention measures, Aleksei Stuk noted that a measure should be chosen considering the circumstances of the case, the conditions under which the crime was committed, and the individual's personal background. "We must be extremely cautious about pre-trial detention and consider it an exceptional measure," emphasised the Deputy Prosecutor General. He pointed out that the possibility of bail and house arrest should be considered more frequently. "Currently, this is not used actively enough and not in all possible cases," he believes. However, from January to September 2011, the number of individuals for whom prosecutors authorised pre-trial detention decreased to 9.8 thousand (compared to approximately 13.3 thousand in the same period of 2010). Furthermore, the Deputy Prosecutor General added that the termination of criminal prosecution under applicable articles should be applied considering whether reconciliation with the victim has occurred or if there has been active repentance. Another condition for termination is привлечение к административной ответственности (bringing to administrative responsibility). "Courts apply this provision (termination of criminal prosecution - BELTA note) more actively and boldly, three times more than prosecutors... although recently the prosecution has been actively using this provision," noted Aleksei Stuk. Compared to 2010, prosecutors this year have terminated four times more cases during preliminary investigations. Regarding correctional labour and restriction of liberty, Aleksei Stuk noted that both state prosecutors and courts are oriented towards a sufficiently thoughtful and cautious application of these penalties. "This is because they have the highest percentage of evasion," explained the Deputy Prosecutor General. He added that it is not uncommon for such punishments to be imposed on individuals who have previously been repeatedly convicted. "They have no motivation for work... Sometimes it is obvious that the next conviction for this individual will be for evading punishment," stated Aleksei Stuk.

In his opinion, another important issue that needs attention is the social adaptation of ex-convicts. "The most important thing is that a person returning from places of deprivation of liberty is provided with work and somehow socially settled," emphasized the Deputy Prosecutor General. The prosecution believes that local executive and administrative bodies are not sufficiently fulfilling the requirements of the legislation on the development and implementation of targeted crime prevention programs. This includes the employment of individuals released from colonies. Currently, 47.3% of such individuals are unemployed.

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