On the prevention of offenses committed by citizens in a state of alcohol intoxication
Alcoholism is a serious obstacle to the development of any society. Many offenses, both intentional and negligent, violent and mercenary, against public order and public safety, are related to alcohol consumption.
In the prevention of offenses committed by citizens in a state of alcohol intoxication, their compulsory isolation in medical labor rehabilitation centers for medico-social rehabilitation with mandatory involvement in labor plays an important role.
According to the provisions of the Law of the Republic of Belarus "On the procedure and conditions for sending citizens to medical labor rehabilitation centers and the conditions of their stay in them," persons suffering from chronic alcoholism, who, by their behavior related to alcohol abuse, systematically violate public order, labor discipline, or the rights of other citizens, are subject to referral to medical labor rehabilitation centers.
Citizens suffering from chronic alcoholism, who have been brought to administrative responsibility three or more times within a year for committing administrative offenses in a state of alcohol intoxication, have been warned about the possibility of being sent to medical labor rehabilitation centers, and within a year after this warning have been brought to administrative responsibility for committing an administrative offense in a state of alcohol intoxication, are subject to isolation in medical labor rehabilitation centers. Also, citizens who are obliged to reimburse the expenses incurred by the state for the maintenance of children under state care, who have violated labor discipline twice within a year due to the consumption of alcoholic beverages, have been warned about the possibility of being sent to a medical labor rehabilitation center for this reason, and within a year after this warning have violated labor discipline due to the consumption of alcoholic beverages, may be sent to medical labor rehabilitation centers.
The internal affairs bodies are engaged in identifying such persons, preparing materials for their referral to medical labor rehabilitation centers, and executing the relevant court decisions.
Does the citizen suffer
chronic alcoholism, whether compulsory isolation and medical and social rehabilitation are needed, whether there are diseases that prevent their referral to a therapeutic and labor prophylaxis facility, are determined by special medical commissions created in healthcare organizations.Decisions on referral to a therapeutic and labor prophylaxis facility are made by courts.
In accordance with Article 61 of the Law, supervision over the accurate and uniform enforcement of the legislation of the Republic of Belarus on the referral of citizens to therapeutic and labor prophylaxis facilities and their stay in them is carried out by the Prosecutor General of the Republic of Belarus and prosecutors subordinate to him.
The Prosecutor's Office of the Vitebsk region conducted a generalization of judicial and prosecutorial practice in cases of this category, which showed that mainly unemployed men over 40 years of age and women aged 25 to 40 are sent to therapeutic and labor prophylaxis facilities.
The specified citizens committed, as a rule, such administrative offenses as petty hooliganism, drinking alcoholic beverages in a public place, appearing in a public place, being absent from work while intoxicated. Often, their families, relatives, neighbors, as well as unrelated citizens suffered from their actions. Constant drunkenness negatively affects the financial well-being of families. Therefore, compulsory isolation in therapeutic and labor prophylaxis facilities is a restrictive measure aimed at overcoming alcohol dependence, as well as a way to protect citizens' rights from unlawful actions of persons abusing alcoholic beverages. Involvement in labor provides an opportunity to pay off existing arrears of alimony, expenses for the maintenance of children under state care, and other payments.
It should be noted that some citizens, coming to the attention of law enforcement and judicial bodies, attempt to get rid of alcohol dependence through coding. However, these measures are not an unconditional basis for refusing referral to therapeutic and labor prophylaxis facilities, since, in addition to this, the person must have a stable remission
- abstinence from alcohol for a year, proper conduct in everyday life and at work, demonstrating an intention to lead a sober lifestyle.Prosecutor of the Department for Supervision
of Compliance with the Law of Judicial
Decisions in Civil Cases
of the Regional Prosecutor's Office
Irina Tavtyn