Illicit arms trafficking

Illicit trafficking in weapons is one of the most serious factors contributing to the growth of organized crime and terrorism worldwide.

Weapons and ammunition are not toys; their illegal trafficking can cost not only freedom but also life. It is criminal to expect severe consequences; every citizen who surrenders gunpowder, weapons, and ammunition to law enforcement agencies can change their destiny, even if they once discovered these prohibited items and mindlessly kept them in their home.

Law enforcement agencies pay special attention to the suppression of illegal actions related to firearms, explosives, and ammunition. At the same time, in the Vitebsk region alone, 74 individuals were brought to criminal responsibility for illegal trafficking of weapons, explosives, and ammunition in the 7 months of 2020. In the same period of 2019, there were 82.

According to administrative legislation, the illegal acquisition, transfer of possession, storage, transportation, mailing, or carrying of hunting smooth-bore firearms or ammunition for them, or the illegal acquisition, transfer of possession, transportation, mailing, or carrying of component parts or components of hunting smooth-bore firearms, is an administrative offense for which a fine of 10 to 30 basic units is provided (1 basic unit equals 27 rubles).

Article 295 of the Criminal Code of the Republic of Belarus provides for responsibility up to 12 years of imprisonment for illegal actions related to firearms, ammunition, explosives, explosive devices, component parts, or components of firearms.

According to the resolution of the Plenum of the Supreme Court of the Republic of Belarus "On Judicial Practice in Cases of Crimes Related to Illegal Actions with Weapons, Ammunition, and Explosives (Articles 294-297 of the Criminal Code)," explosives should include chemical substances and mixtures that have the ability to explode without access to oxygen (gunpowder, dynamite, TNT, etc.).

Thus

Thus, a person illegally possessing hunting cartridges, if gunpowder is extracted from them, is subject not to administrative, but immediately to criminal liability for possessing gunpowder, an explosive substance. Similarly, criminal liability arises for illegal actions with hunting weapons that have undergone structural changes (shortened barrel).

In accordance with the note contained in the special part of the Criminal Code of the Republic of Belarus, a person who voluntarily surrenders the items specified in Articles 295-297 of the Criminal Code is exempted from criminal liability, except in cases of sale.

Prosecutor of the Department for Supervision of Inquiry and Operational-Investigative Activities of the Regional Prosecutor's Office
Alexey Lysakov