The Death Penalty in the OSCE Area Legal Framework The Constitution of the Republic of Belarus provides that, until its abolition, the death penalty may be applied in accordance with the law as an exceptional punishment for especially grave crimes, and only in accordance with the verdict of a court.67 Under the Criminal Code, the death penalty may be applied for some especially grave crimes connected with the deliberate deprivation of life with aggravating circumstances.68 In particular, capital punishment may be imposed for 12 crimes in peacetime and two crimes in times of war.69 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.70 The law prohibits the imposition of the death penalty on women, offenders under the age of 18 at the time of committing the crime, or men over 65 at the time of sentencing.71 Under the Criminal Executive Code of the Republic of Belarus, the death penalty is not carried out on persons suffering from psychological disorders that prevent them from understanding their actions.72 The Code also provides that executions are carried out secretly; bodies of executed persons are not handed over to families and the place of burial is kept secret.73 In January 2015, the Criminal Code of Belarus was amended to include a provision that the death penalty is not carried out on offenders who meet their obligations under a “pre-trial co-operation agreement”.74 67  Constitution of the Republic of Belarus, Article 24, 27 November 1996. 68  Criminal Code of the Republic of Belarus, 9 July 1999, Article 59 (1), amended on 17 July 2006. 69  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 (3)); genocide (Article 127); crimes against humanity (Article 128); premeditated, aggravated murder (Article 139 (2)); terrorism (Article 289 (3)); terrorist acts against a state or public figure (Article 359 (2)); 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)) 70  Criminal Code, op.cit., note 68, para. 3; and Constitution, op.cit. note 67, Article 84 (19). 71  Criminal Code, op.cit., note 68, para. 2. 72  Criminal Executive Code of the Republic of Belarus, 11 January 2000, Article 176 (2). 73  Criminal Executive Code, op.cit., note 70, Article 175. 74  Criminal Code, op.cit., note 68, Article 69-1. 20