The Law of the Republic of Belarus from 17 July 2018 No. 130-Z On Normative Legal Acts (par. 1 of Article 49) provides that draft normative legal acts (normative legal acts) shall be subject to criminological expertise in cases and according to procedure determined by the President of the Republic of Belarus.
Criminological expertise is carried out in order to reveal in draft normative legal acts (normative legal acts) norms, the application of which may cause (have caused) negative consequences in various spheres of public relations due to the presence of criminogenic risks.
Criminogenic risks are understood to be destructive factors contained in draft normative legal acts (normative legal acts) that create objective prerequisites (conditions) for motivation of illegal conduct or abuse of right (powers, law-enforcement interests) regardless of whether such conduct is a criminal offense.
On May 29, 2007 the President of the Republic of Belarus signed Decree No. 244 On Criminological Expertise, which approved the Regulations on the Procedure of Criminological Expertise.
Criminological expertise is carried out by the state institution ‘Scientific and Practical Centre for Problems of Reinforcing Law and Order of the Prosecutor General’s Office of the Republic of Belarus’ (hereinafter – the Scientific and Practical Center).
Criminological expertise of draft normative legal act is carried out after its compulsory legal expertise, unless otherwise specified by the President of the Republic of Belarus.
Criminological expertise of draft normative legal acts (normative legal acts) results in making a conclusion which should contain reasonable outcomes based on the evaluation criteria determined by the President of the Republic of Belarus about presence of legal rules enforcement of which may lead (have led) to occurrence of criminogenic risks, or absence of such rules.
If the draft normative legal act (normative legal act) contains legal rules enforcement of which may lead (have led) to occurrence of criminogenic risks, the conclusion shall specify sufficient proposals for eliminating of revealed defects of legal regulation of public relations.