4. Retentionist States
BELARUS
Legal Framework
The Constitution of the Republic of Belarus provides that, until the death penalty is
abolished, it may be applied in accordance with the law as an exceptional penalty for
particularly serious crimes and only in accordance with the verdict of a court of law.26
The Criminal Code provides that the death penalty may be imposed for severe crimes
connected with the deliberate deprivation of life with aggravating circumstances.27
The death penalty is envisaged for 14 crimes.28 Alternatives to the death penalty are
provided.29
Moratorium
There is no moratorium on either the imposition or carrying out of death sentences.
Method of execution
Shooting30
Statistics
The Ministry of Justice is responsible for collecting and disseminating statistics.
Death sentences
According to official statistics, during the period from 1 July 2007 to 30 June 2008,
one individual, Nikolai Nikolaevich Kaleda (21 years old at the time of sentencing),
was sentenced to death on 5 December 2007 by the Minsk Regional Court for murder
26
Article 24 of the Constitution of the Republic of Belarus, 27 November 1996.
27
Article 59(1) of the Criminal Code, 9 July 1999, amended on 17 July 2006.
28 Articles 122(2), 124(2), 126, 127, 128, 134, 135(3), 139(2), 289(3), 359, 356(2), 357(3), 359,
360(2), and 362 of the Criminal Code.
29 Response of the Permanent Delegation of the Republic of Belarus to the OSCE to ODIHR’s
questionnaire on the death penalty, 25 July 2008.
30
Article 59(1) of the Criminal Code.
6
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