Criminal liability for illegal actions regarding firearms, ammunition, and explosives

Prosecutor's Office News
10.05.2023
Despite the preventive measures implemented by law enforcement agencies, including educational efforts aimed at the voluntary surrender of firearms, ammunition, and explosive substances, some citizens ignore legal requirements even after being warned about possible negative legal consequences for committing criminal acts.   

For example, the prosecutor's office of the Braslaŭ district supported the state prosecution in the Braslaŭ district court in a criminal case against S. for committing a crime defined by part 2 of article 295 of the Criminal Code of the Republic of Belarus - illegal acquisition and storage of explosive substances. 

During the court investigation, it was established that S. from 1980 to 2001 acquired 26 live pistol cartridges, which are ammunition for rifled firearms and can be used for shooting, which he stored at his residence. 

Continuing his criminal actions, S. from 1999 to 2008 illegally acquired 525 live rifle cartridges, which are ammunition for rifled firearms and can be used for shooting, which he also stored at his residence until they were discovered by law enforcement officers during the inspection of the crime scene. 

At the court hearing, S. fully admitted his guilt in the illegal acquisition and storage of explosive substances. In conjunction with the conclusions of expert examinations, protocols of operational-search activities, investigative actions, physical evidence, and other written materials of the case, thoroughly examined during the court investigation, S.'s guilt in committing the crime defined by part 2 of article 295 of the Criminal Code of the Republic of Belarus was proven in full. 

Considering the position of the state prosecution, the court found S. guilty of committing the crime defined by part 2 of article 295 of the Criminal Code and sentenced him to imprisonment for a term of 2 years with a fine of 60 basic units with a deferment of the execution of the imposed sentence for a period of 2 years. 

The sanction of part 2 of article 295 of the Criminal Code of the Republic of Belarus for 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 provides for a maximum penalty of imprisonment for up to seven years with or without a fine. The crime defined by article 295 of the Criminal Code of the Republic of Belarus is classified as a serious crime. 

At the same time, I would like to draw attention to the fact that a person who voluntarily surrenders firearms, ammunition, and explosive substances is exempt from criminal liability, except in cases of sale. 


Senior Assistant Prosecutor of the Braslaŭ District                                                                            E.S.Isakova

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