Иллюстративное фото: МВД
“The statute of limitations under Article 342 has expired, so you can return to Belarus” — the human rights initiative Dissidentby explains why that is not the case.
Article 342 of the Criminal Code (organizing and preparing actions that grossly violate public order, or actively participating in them) is classified as a less serious offense, for which the statute of limitations is five years. The main post-election protests took place between August and November 2020, meaning that the statute of limitations formally expired between August and November 2025.
Human rights defenders explain that returning to Belarus still carries significant risks.
1. The statute of limitations is reset by any “new offense.”
If a person committed a new offense during those five years, the limitation period for Article 342 begins anew from the date of that new incident. Moreover, a “new offense” could be something as minor as a comment, a donation or a repost, resetting the five-year period.
2. A “new offense” can be created artificially.
Law enforcement agencies have begun using a new mechanism to bring people to criminal liability. A person is summoned under the pretext of closing an old Article 342 case. Their phone is not confiscated upon entry, but it is later sent for “examination,” while the person may be detained for 24 hours during the process. Investigators then allegedly “discover” materials related to another criminal offense on the phone. As a result, the statute of limitations for Article 342 begins to run again from the date of the new alleged incident.
3. The statute of limitations is suspended if a person is wanted.
If a person is hiding from law enforcement or the court, the statute of limitations is suspended and resumes only from the date of the person’s detention or voluntary surrender. If a criminal case has been opened against you and you have been placed on a wanted list, your “five years” may not have run at all. A person may believe that the statute of limitations expired long ago, when in fact the clock stopped on the day they were declared wanted.
4. Even the termination of a case does not leave a person “in the clear.”
There have been cases in which a person was tried, the court ruled that they were “released from criminal liability due to the expiration of the statute of limitations,” yet they were still added to the “extremist list,” with all the resulting consequences.
For those who have already been convicted under Article 342 and are serving their sentence, the expiration of the statute of limitations changes nothing.
“Do not change your safety practices based on this myth. If you are considering returning, first consult lawyers and human rights defenders,” the human rights defenders warned.