LAW OF THE KYRGYZ REPUBLIC

of March 25, 1996 No. 5

About procedure for application of the Law of the Kyrgyz Republic "About amnesty of women"

General Court of Jogorku Kenesh of the Kyrgyz Republic decides:

1. Assign execution of the Law of the Kyrgyz Republic "About amnesty of women":

a) on the bodies knowing execution of the punishment - concerning the convicts who are in correctional institutions.

Execution of the Law of the Kyrgyz Republic "About amnesty of women" is made under the resolution of the chief of correctional institution authorized by the corresponding prosecutor. The certificate of encouragement and penalties, and other documents necessary for the solution of question of application of the act of amnesty are attached to the resolution the personal record condemned;

b) on bodies of inquiry and pretrial investigation - concerning persons, cases on whose crimes are in production of these bodies;

c) on courts:

- concerning persons, cases on whose crimes are in production of courts and are not considered to the introduction of the Law of the Kyrgyz Republic "About amnesty of women" in force, and also concerning persons, cases on whose crimes are considered, but sentences did not take legal effect;

- concerning persons which are conditionally ahead of schedule exempted from punishment and persons which unexpired part of punishment is replaced with milder pinishment before entry into force of this Law (the issue of application of the act of amnesty is resolved by the court which took out determination about application of parole or replacement of unexpired part of punishment with milder pinishment);

- concerning the persons condemned by courts of the Kyrgyz Republic and serving sentence in the territory of other state of the CIS (determination about application of the act of amnesty pronounces the court which pronounced sentence);

d) on law-enforcement bodies;

- concerning the persons condemned on imprisonment, but who are not in custody on whom sentences took legal effect.

2. The decision on application of the act of amnesty made by bodies of inquiry, pretrial investigation and law-enforcement bodies is authorized by the prosecutor.

In case of application of the act of amnesty by courts participation of the prosecutor is obligatory.

3. The decision on application or non-use of the act of amnesty is accepted concerning each person individually. In the absence of necessary data on the question of application of the act of amnesty condemned consideration it is postponed until receipt of additional materials.

Bodies to which execution of this Law is assigned are granted the right to request from the relevant organizations the criminal cases and other materials necessary for the solution of the questions connected using the act of amnesty. Such requests are subject to immediate execution by all organizations and organizations, and also officials.

4. Persons who committed crimes to the introduction of the specified Law in force fall under operation of the Law of the Kyrgyz Republic "About amnesty of women".

5. In case of application of the act of amnesty concerning persons, the term of punishment to which was reduced according to the procedure of pardon or amnesty, it is necessary to proceed from the term of the punishment established according to acts of pardon or amnesty.

6. Persons falling under amnesty are exempted as from the basic, and additional punishment, in connection therewith the part of term of punishment which is not left on the date of entry into force of the specified Law is subject to reducing.

7. In case of application of the Law of the Kyrgyz Republic "About amnesty of women" the criminal records removed or extinguished in the procedure established by the law are not considered.

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