Who can be sent to therapeutic and labor rehabilitation centers

The Law of the Republic of Belarus of July 21, 2023 No. 301-Z introduced amendments to the Law of the Republic of Belarus of January 4, 2010 No. 104-Z "On the procedure and conditions for sending citizens to medical and labor dispensaries and the conditions of their stay therein" (hereinafter referred to as the Law).

The amendments to the Law are related to simplifying the procedure for sending citizens with chronic alcoholism, drug addiction, or substance abuse to medical and labor dispensaries (hereinafter referred to as MLDs) for compulsory isolation and medical and social rehabilitation.

According to Part 1 of Article 4 of the Law, the following citizens may be sent to MLDs:

- citizens who, within a year, have been brought to administrative responsibility twice or more for committing administrative offenses while intoxicated with alcohol or in a state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, have been warned in accordance with this Law about the possibility of being sent to medical and labor dispensaries, and within a year after such warning have committed an administrative offense while intoxicated with alcohol or in a state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, for which they have been brought to administrative responsibility, and whose medical examination has revealed (confirmed) chronic alcoholism, drug addiction, or substance abuse;

- citizens who have applied to (been admitted to) healthcare organizations for medical assistance due to poisoning caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, have been warned in accordance with this Law about the possibility of being sent to medical and labor dispensaries, and within a year after such warning have repeatedly applied to (been admitted to) healthcare organizations for medical assistance due to poisoning caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, and whose medical examination has revealed (confirmed) chronic alcoholism, drug addiction, or substance abuse.

Thus, unified grounds have been established for referral to a therapeutic and labor prophylactic institution (TLPI) for compulsory isolation and medical and social rehabilitation of citizens with addiction to alcohol, narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, regardless of whether they are obligated persons, unemployed, able-bodied citizens leading an antisocial lifestyle.

The main criteria for referring a citizen to a TLPI are the presence of chronic alcoholism, drug addiction, or toxicomania, systematic violation of public order by the citizen in a state caused by the use of alcoholic beverages, narcotic drugs, psychotropic substances, toxic or other intoxicating substances, as well as repeated poisoning with the specified substances, confirmed by the provision of medical care.

A citizen may be sent by a court to a TLPI for a period of twelve months. A citizen referred to a therapeutic and labor prophylactic institution for the third time or more may be sent by a court to a TLPI for a period of twenty-four months.

For example, in May-June 2024, the district court sent 7 citizens to the TLPI for a period of 12 months.

For the purpose of delivery to the therapeutic and labor prophylactic institution, a citizen may be detained by the territorial internal affairs body for up to three days based on a court decision that has entered into legal force regarding their referral to the therapeutic and labor prophylactic institution, with placement in a temporary detention facility of the territorial internal affairs body in the manner and under the conditions established by law for the detention of persons serving administrative arrest.

The law primarily provides for the isolation and medical and social rehabilitation of persons with alcohol, drug, and psychotropic substance dependence syndrome.

Senior Assistant Prosecutor

Verkhnedvinsk District

3rd Class Lawyer

A.V. Kuzmionok