On criminal liability for illegal actions regarding firearms, ammunition, and explosives

According to part 2 of Article 295 of the Criminal Code of the Republic of Belarus, criminal liability is provided for the illegal manufacture, acquisition, transfer of ownership, sale, storage, transportation, mailing, or carrying of firearms (except for hunting smoothbore firearms), ammunition (except for ammunition for hunting smoothbore firearms), explosive substances, explosive devices, or illegal manufacture, acquisition, transfer of ownership, sale, transportation, mailing, or carrying of components or parts of firearms (except for components and parts of hunting smoothbore firearms), or illegal manufacture or sale of main parts of explosive devices. The sanction of part 2 of Article 295 of the Criminal Code of the Republic of Belarus provides for punishment of up to seven years of imprisonment with confiscation of property.

In the first six months of the current year, the court of the Braslav District convicted 2 individuals under the specified article.

Thus, for the illegal acquisition and storage of a Mosin rifle of the 1891 model, as well as 9 rifle cartridges for rifled firearms, in March of the current year, R was convicted. In May 2017, the court of the Braslav District convicted P, who was found guilty of illegal acquisition and storage of a mixture of smokeless powders of industrial production, which belong to the category of projectile explosive substances.

It should be noted that both convicted individuals did not report the found ammunition, explosive substances, or firearms to law enforcement agencies. These items were illegally stored at the residence of the convicted individuals and were discovered by police officers after receiving operational information.

During the search, the offenders themselves indicated the storage location and voluntarily handed over the prohibited items. However, this circumstance does not exclude criminal liability, but only serves as a mitigating circumstance.

Thus, it should be known that only prompt notification of law enforcement agencies about the discovered ammunition, explosive substances, and firearms is a basis that excludes criminal liability.

Senior Assistant Prosecutor
of the Braslav District
S.P. Harbus