ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of August 27, 2018 No. 399

About approval of the Regulations on the Special commission of state body of criminal executive system of the Kyrgyz Republic

For the purpose of implementation of Article 72 of the Penitentiary code of the Kyrgyz Republic enacted by the Law of the Kyrgyz Republic "About enforcement of the Criminal code of the Kyrgyz Republic, the Code of the Kyrgyz Republic about offenses, the Code of penal procedure of the Kyrgyz Republic, the Penitentiary code of the Kyrgyz Republic", the Law of the Kyrgyz Republic "About bases of amnesty and procedure for its application" according to articles 10 and 17   of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on the Special commission of state body of criminal executive system of the Kyrgyz Republic according to appendix.

2. This Resolution is subject to official publication and becomes effective since January 1, 2019.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of August 27, 2018 No. 399

Regulations on the Special commission of state body of criminal executive system of the Kyrgyz Republic

Chapter 1. General provisions

1. This Provision determines structure and operating procedure of the Special commission of state body of criminal executive system (further - the Special commission).

2. The special commission performs the following functions:

- determines condemned the place of serving sentence in the form of imprisonment;

- makes the decision in the direction of convicts in prison or corrective colony of special regime for performance of works on economic servicing;

- makes the decision on transfer of convicts from educational colonies in corrective labor colonies.

Chapter 2. Organization of activities and structure of the special commission

3. Are part of the Special commission:

- the first deputy head of state body of criminal executive system of the Kyrgyz Republic - the chairman of the Special commission.

Members of the Special commission:

- the division manager on execution of sentences and special accounting or person replacing it;

- the head of operational division or person replacing it;

- the head of educational division or person replacing it;

- the head of medical division or person replacing it;

- representative of Public council of the Ministry of Justice of the Kyrgyz Republic.

4. The staff of the Special commission affirms the decision of the head of state body of criminal executive system of the Kyrgyz Republic.

5. Members of the commission provide reliability of the provided information and preparation of documents for consideration of the Special commission for lines of services.

6. Organizational activities of the Special commission (preparation of materials, the organization of meetings) are provided by the secretary of the Special commission - the employee of division on execution of sentences and special accounting. The secretary of the commission has no voting power in case of decision making by the Special commission.

7. Chiefs of correctional facilities and pre-trial detention centers can take part in work of meetings of the Special commission, and also be attracted other employees of criminal executive system of the Kyrgyz Republic.

8. Decisions of the Special commission are made by a simple majority vote from staff of the Special commission with quorum, signed by all members of the Special commission participating in meeting and drawn up by the protocol in form according to appendix 2 to this Provision. In case of equality of votes the voice of the chairman is decisive. The special opinion of the members of the Special commission not concordant with its decision joins the protocol.

Chapter 3. Procedure for determination condemned places of serving sentence in the form of imprisonment

9. Administration of the pre-trial detention center which contains persons concerning whom the court verdict took legal effect after receipt of this sentence:

- performs information collection about former criminal records of convicts which is brought in their personal records;

- sends convicts to custodial sanction, except for women and children, to pre-trial detention centers No. 1 and 5, the performing functions of transit distribution point.

10. Administrations of pre-trial detention centers No. 1 and 5, and also for women and children weekly constitute the list of convicts in form according to appendix 1 to this Provision for determination of the place of serving sentence and submit to the Special commission.

11. The special commission determines condemned the place of serving sentence in the form of imprisonment according to Article 72 of the Penitentiary code of the Kyrgyz Republic.

12. When implementing activities within the Special commission her members are guided by the following basic principles:

- equality of all before the law;

- independence and independence;

- responsibility for the made decisions.

13. The special commission determines condemned the place of serving sentence in the form of imprisonment taking into account:

- the previous place of serving sentence in the form of imprisonment;

- places of residence of the spouse (spouse) and close relatives;

- identity of the convict;

- states of health;

- condemnations for crimes of terrorist and extremist orientation;

- condemnations to lifelong imprisonment and replacements of lifelong imprisonment according to the procedure of pardon on imprisonment;

- condemnations of former employees of courts and law enforcement agencies;

- belongings of the convict to organized groups or criminal societies;

- the directions of the convicts who committed crimes in partnership for serving sentence to different places of serving sentence;

- need of ensuring personal security of the convict;

- holding regime and educational and preventive actions.

14. Determination condemned places of serving sentence by the Special commission is made in terms, stipulated in Clause 72 Penitentiary codes of the Kyrgyz Republic.

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