Belarusian Authorities Take a Step Towards Humane Drug Policy
The proposed bill “On Amendments to the Codes on Criminal Liability” could significantly improve the situation for users of controlled substances in Belarus. However, Legalize Belarus expresses concerns about the practical application of these legislative changes, as procedural violations often lead to the wrongful classification of offenses under Article 328.
The civil movement Legalize Belarus positively evaluates the initiative of Belarusian authorities aimed at softening penalties for violations of laws related to controlled substances. The proposed bill, which provides for alternative, more lenient penalties, is an important step towards the families of the convicted and civil society, which has been actively advocating for the humanization of Belarusian drug policy over the past ten years, since the adoption of the 2014 decree “On Immediate Measures to Counteract Illegal Drug Trafficking.”
According to the new bill, penalties in the form of arrest for up to three months may now be imposed for the acquisition or possession of controlled substances (Part 1, Article 328 of the Criminal Code). It also provides the possibility of imposing restrictions on freedom for single cases of sale (Part 2, Article 328 of the Criminal Code). The minimum penalty for the sale of drugs as part of an organized group is reduced from 10 to 8 years of imprisonment (Part 4, Article 328 of the Criminal Code).
However, it is important to emphasize that legislative changes alone do not guarantee that more lenient penalties will be applied in practice. The change in law enforcement practice is of great significance to ensure fair treatment for all accused, the absence of procedural violations, and the appropriate classification of offenses. Unfortunately, many people who did not participate in the sale of drugs as part of an organized group fall under Parts 3 and 4 of Article 328.
Ludmila Kazak, a Belarusian lawyer and disbarred attorney, commented on the proposed changes.
“The number of convictions under Part 1, Article 328 of the Criminal Code is growing every year, despite strict sanctions in the form of restrictions and deprivation of freedom, indicating the ineffectiveness of such a harsh approach. Arrest on the scale of penalties is a milder punishment than restriction of freedom and involves holding the convict in conditions of strict isolation in a detention house for a period of one to three months.
Restriction of freedom as an alternative to deprivation of liberty for a term of three to eight years for a single sale under Part 2, Article 328 of the Criminal Code is a reasonable approach, especially for those who have committed a crime for the first time.
A change in punishment in connection with the application of a law that improves the situation of the convict is carried out in the manner prescribed by Article 402 of the Criminal Procedure Code of the Republic of Belarus. The decision on release from punishment, mitigation of punishment, or other improvement of the convict’s situation due to the entry into force of a criminal law that, according to Article 9 of the Criminal Code of the Republic of Belarus, has retroactive force, is made by the court that issued the sentence, or by the court at the place of serving the sentence upon the application of the convict, or the body responsible for the execution of the sentence, or the supervisory commission.”
Legalize Belarus approaches the news with cautious optimism and will closely monitor this initiative by the Belarusian authorities.
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