The Death Penalty in the OSCE Area
Legal Framework
During the reporting period, no changes were introduced in national legislation
regulating the scope of application or execution of capital punishment in Belarus.104
The Constitution of the Republic of Belarus provides for the imposition of the
death penalty as an exceptional punishment for particularly grave crimes and only
in accordance with the law.105 Under the Criminal Code, the death penalty may
be applied for severe crimes connected with the deliberate deprivation of life with
aggravating circumstances.106 In particular, capital punishment may be imposed for
12 crimes in peacetime and two crimes in times of war.107 It is not a mandatory
sentence for any of these crimes and, by means of a pardon by the president, may
be commuted to life imprisonment.108 The law prohibits the imposition of the death
penalty on women, men under the age of 18 at the time of committing the crime or
men over 65 at the time of sentencing.109
Under the Criminal Executive Code of the Republic of Belarus, executions are
carried out secretly; bodies of executed persons are not handed over to families and
the place of burial is kept secret.110
Moratorium
There is no moratorium on death sentences or executions in Belarus. The state did
not report on any measures to introduce a moratorium on the death penalty.
104 Belarus response, op. cit., note 99.
105 Constitution of the Republic of Belarus, Article 24, 27 November 1996.
106 Criminal Code of the Republic of Belarus, Article 59 (1), 9 July 1999, amended on 17 July 2006.
107 The Criminal Code of the Republic of Belarus provides for the application of the death penalty for the following
crimes: unleashing or conducting a war of aggression (Article 122 (2)); murder of a representative of a foreign state or
international organization, with the intention to provoke international tension or war (Article 124(2)); international
terrorism (Article 126); genocide (Article 127); crimes against humanity (Article 128); premeditated, aggravated murder
(Article 139 (2)); terrorism (Article 289 (3)); terrorist acts (Article 359); treason accompanied by murder (Article 356
(2)); conspiracy to seize power (Article 357( 3)), sabotage (Article 360 (2)), murder of a police officer (Article 362); use
of weapons of mass destruction (Article 134); murder of a person in violation of the laws and customs of war (Article
135 (3)).
108 Criminal Code of the Republic of Belarus, op. cit., note 106, para. 3; and Constitution of the Republic of Belarus,
op. cit. note 105, Article 84 (19).
109 Criminal Code of the Republic of Belarus, op. cit., note 106, para 2.
110 Article 175 of the Criminal Executive Code of the Republic of Belarus, 16 July 1999, amended on 25 July 2012.
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