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LAW OF THE KYRGYZ REPUBLIC

of October 28, 2021 No. 126

About enforcement of the Criminal code of the Kyrgyz Republic, the Code of penal procedure of the Kyrgyz Republic, the Code of the Kyrgyz Republic about offenses and modification of some legal acts of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on September 22, 2021

Article 1.

1. Enact the Criminal code of the Kyrgyz Republic after fifteen days from the date of official publication.

2. Enact the Code of penal procedure of the Kyrgyz Republic after fifteen days from the date of official publication, except for provisions for which other terms of enforcement are established by this Law.

3. Enact the Code of the Kyrgyz Republic about offenses after fifteen days from the date of official publication.

Article 2.

Bring in the Penitentiary code of the Kyrgyz Republic (Sheets of Jogorku Kenesh of the Kyrgyz Republic, 2017, No. 1 (2), the Art. 17) the following changes:

1) in the name of the Code in state language of the word "Zhazyk-atkaruu" shall be replaced with words "Zhaz to atkaru";

2) in all text of the Code in state language:

- the words "zhazyk-atkaruu" in different case forms shall be replaced with words "zhaz to atkaru" in the corresponding cases;

- shall be replaced with words the words "zhazyktyk-ukuktuk" and "zhazyk-ukuktuk" in different case forms "kylmysh-zhaza-ukuktuk" in the corresponding cases;

- shall be replaced with words the words "коомдук жумуштар" in different case forms "коомдук the ishter" in the corresponding cases;

3) part 4 of Article 1 to recognize invalid;

4) in Article 2:

a) in Item 9 "voluntary" to exclude the word;

b) 10, 11 and 12 to state Items in the following edition:

"10) body of probation - the authorized state body performing execution of the criminal penalties which are not connected with isolation from society, and enforcement powers of criminal law action, supervision of persons which execution of the punishment is delayed which are conditionally ahead of schedule exempted from correctional facilities with accomplishment of social and legal functions;

11) probation supervision - activities of body of probation for control of execution assigned by court to convicts of supervising requirements and probation of obligations according to the legislation;

12) guardroom is the specially equipped room for content of the military personnel, suspects or persons accused of crime execution and also to whom the court applies measure of restraint in the form of detention according to the penal legislation, in the conditions of isolation, provided by regulatory legal acts of the Kyrgyz Republic in the field of the criminal and executive legislation;";

c) add Article with Item 15 of the following content:

"15) electronic supervision - the supervision exercised by body of probation behind observance of supervising requirements and execution of probation of the obligations assigned by court to clients of probation using electronic and technical devices.";

5) in Article 3:

a) in Item 3 of part 1 of the word "and offenses" to exclude;

b) in Item 2 of part 2 of the word "and offenses" to exclude;

c) to state Item 1 of part 3 in the following edition:

"1) general provisions and the principles of execution of the punishments and enforcement powers of criminal law action provided by the Criminal code of the Kyrgyz Republic (further - the Criminal code);";

To exclude 6) regarding the 2nd Article 6 of the word "or offense";

To exclude 7) in Article 12 of the word "or offense";

8) in Article 13 in the text in official language of the word "or offense" to exclude;

Part 2 of Article 15 to state 9) in the following edition:

"2. Convicts have the rights, freedoms and perform duties with the restrictions set by the Constitution, the Criminal code, this Code and other laws.";

To exclude 10) regarding 1 Article 27 of the word "or offense";

11) in Article 30:

a) state parts 1 and 2 in the following edition:

"1. The mulctary punishment imposed for crime execution is performed by bodies of forced execution at the place of residence (the actual accommodation) of the convict.

2. Punishments in the form of social jobs, corrective works, restrictions of freedom and enforcement powers of educational nature concerning children in the form of restriction of behavior with the prevention are performed by bodies of probation at the place of residence of the convict.";

b) recognize part 7 invalid;

c) state parts 8 and 9 in the following edition:

"8. Persons exempted from punishment using probation of supervision, and also person to whom delay of execution of the punishment and conditionally ahead of schedule exempted from serving sentence is applied are under the supervision of bodies of probation.

9. Punishment in the form of confiscation of property and criminal law action measure in the form of compensation of material damage and moral harm are performed by bodies of forced execution at the place of residence (the actual accommodation) or works of the convict, finding of its property or income acquisition.";

d) recognize part 10 invalid;

e) in part 11 to replace the word of "minors" with the word of "children";

e) state part 13 in the following edition:

"13. Punishment in the form of expulsion out of limits of the Kyrgyz Republic after departure of primary punishment is performed by bodies of migration, homeland security, internal affairs and the border service.";

12) part 2 of article 36 after words "mitigation of the sanction of the law," to add with words "delays of execution of the punishment, change of type of correctional facility,";

To replace 13) in parts 1 and 2 of Article 43 of the word "Prime Minister" and "Government" in different case forms respectively with the words "Chairman of the Cabinet of Ministers" and "Cabinet of Ministers" in the corresponding cases;

The word "Government" shall be replaced with words 14) regarding 1 Article 44 "Cabinet of Ministers";

15) in Article 45:

a) add part 2 with Items 5-1 and 5-2 of the following content:

"5-1) not to leave the country without the permission of bodies of probation;

5-2) not to leave the administrative and territorial unit (the area, the city) without written notice of bodies of probation;";

b) recognize parts 5 and 6 invalid;

16) in Article 48:

a) state part 1 in the following edition:

"1. For violation by the convict of procedure and conditions of serving sentence in the form of social jobs the body of probation after clarification of the reasons in writing warns the punishment condemned about replacement in the form of social jobs with other punishment provided by the Criminal code.";

b) state part 4 in the following edition:

"4. Concerning the convicts who did not be without valid excuse in body of probation during the term established by the legislation or it is malicious evading from accomplishment of punishment in the form of social jobs, the body of probation brings submission to court about replacement of punishment in the form of social jobs with other type of punishment, the stipulated in Article 61 Criminal code.";

c) in part 5 of the word "the sanction of Article (part of Article) according to which person was condemned" shall be replaced with words "article 61 of the Criminal code";

17) part 5 of Article 49 to recognize invalid;

Item 1 of part 1 of article 50 after the words "using probation of supervision" to add 18) with the words "or delay of execution of the punishment";

Article 51 to state 19) in the following edition:

"Article 51. Obligations condemned to punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities

1. The rights condemned to punishment in the form of deprivation to hold certain positions or shall be engaged in certain activities:

1) to arrive to body of probation at the place of residence from the date of the introduction of the court verdict in legal force in case of assignment of punishment which is not connected with isolation from society - within ten days, in case of release of the term of custodial sanction condemned after departure or parole - within five days;

To report 2) in bodies of probation of the data on place of employment and residence and about their change, dismissal from work;

3) to carry out instructions of sentence;

To provide 4) upon the demand of bodies of probation the documents connected with serving sentence.

2. Concerning the convict who is not executing sentence and continuing to hold certain positions or to be engaged in certain activities, and also the obligations provided in part of 1 this Article, the body of probation brings submission to court about attraction it to responsibility according to article 63 of the Criminal code.";

Part 4 of Article 52 to state 20) in the following edition:

"4. Concerning officials of the companies, the organizations or organizations to whom obligations on execution of the court verdict about execution of the punishment in the form of deprivation of the right to hold certain positions are assigned or to be engaged in certain activities, and also bodies, competent to cancel permission to occupation the corresponding type of activity, not executing the court verdict, bodies of probation bring submission to authorized bodies about attraction them to responsibility according to article 63 of the Criminal code.";

21) in Article 54:

a) add part 1 with Items 1-1 and 1-2 of the following content:

"1-1) not to leave the country without the permission of bodies of probation;

1-2) not to leave the administrative and territorial unit (the area, the city) without written notice of bodies of probation;";

b) recognize part 4 invalid;

c) state part 5 in the following edition:

"5. Concerning persons recognized as disabled people of I or II groups after adjudgement of court about assignment of punishment in the form of corrective works, and also expectant mothers if pregnancy occurred after adjudgement about assignment of punishment in the form of corrective works, bodies of probation take to court idea of their release from further serving sentence according to the procedure, stipulated in Article 64 Criminal codes.";

d) recognize part 6 invalid;

Part 2 of Article 56 to state 22) in the following edition:

"2. Concerning officials of the companies, the organizations or organizations to whom obligations on execution of the court verdict about execution of the punishment in the form of the corrective works which are not executing the court verdict are assigned bodies of probation bring submission to authorized bodies about attraction them to responsibility according to article 64 of the Criminal code.";

The word "settlement" to replace 23) regarding the 2nd Article 57 with the word "special";

24) in Article 58:

a) state part 1 in the following edition:

"1. For violation by the convict of procedure and conditions of serving sentence in the form of corrective works the body of probation after clarification of the reasons in writing warns the convict about possibility of replacement of corrective works with other more stiff punishment prescribed by the Criminal code.";

b) state parts 4 and 5 in the following edition:

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