LAW OF THE KYRGYZ REPUBLIC

of July 30, 1997 No. 64

About procedure for application of the Law of the Kyrgyz Republic "About amnesty of some categories of the patients and persons condemned under articles 128 and 129 of the Criminal code of the Kyrgyz Republic

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 11, 1997

Approved by the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic on July 4, 1997

Article 1. Assign execution of the Law of the Kyrgyz Republic "About amnesty of some categories of the patients and persons condemned under Articles 128, 129 Criminal codes of the Kyrgyz Republic":

a) on the bodies knowing execution of the punishment

- concerning the condemned patients who are in correctional institutions. Execution of the Law of the Kyrgyz Republic "About amnesty of some categories of the patients and persons condemned under Articles 128, 129 Criminal Codes of the Kyrgyz Republic" is made under the resolution provided by the chief of correctional institution signed by members of the special commission and approved by the chairman of the special commission and the prosecutor. The structure of the commission affirms the Government of the Kyrgyz Republic. The personal record of the convict, the characteristic, the certificate of encouragement and penalties, the medical book and other documents necessary for the solution of question of application of the act of amnesty are attached to the resolution;

- concerning convicts under Articles 128, 129 Criminal codes of the Kyrgyz Republic which are in correctional institutions. Execution of the Law of the Kyrgyz Republic "About amnesty of some categories of the patients and persons condemned under Articles 128, 129 Criminal codes of the Kyrgyz Republic" is made under the resolution of the chief of correctional institution authorized by the corresponding prosecutor. The personal record of the convict, 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;

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 some categories of the patients and persons condemned under Articles 128, 129 Criminal Codes of the Kyrgyz Republic" in force and also concerning persons, cases on whose crimes are considered, but sentences did not take legal effect;

d) on law-enforcement bodies,

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

Article 2. The decision on application of the act of amnesty to the condemned patients accepted by bodies of inquiry and pretrial investigation affirms according to the procedure, provided by paragraph one of Item and) article 1 of this Law.

Article 3. The decision on application of the act of amnesty to persons condemned under Articles 128, 129 Criminal codes of the Kyrgyz Republic accepted by bodies of inquiry, pretrial investigation and law-enforcement bodies is authorized by the prosecutor.

Article 4. In case of application of the act of amnesty by courts participation of the prosecutor is obligatory.

Article 5. The decision on application of the Law of the Kyrgyz Republic "About amnesty of some categories of the patients and persons condemned under Articles 128, 129 Criminal Codes of the Kyrgyz Republic" is accepted concerning each person individually. In the absence of necessary data consideration of question of application of the act of amnesty 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.

Article 6. 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 some categories of the patients and persons condemned under Articles 128, 129 Criminal codes of the Kyrgyz Republic".

Article 7. Determine that in case of application of the act of amnesty persons condemned to serving sentence in corrective-labor, educational and labor colonies, corrective-labor colonies settlements fall under operation of articles 1-3 of the Law of the Kyrgyz Republic "About amnesty of some categories of the patients and persons condemned under Articles 128, 129 Criminal codes of the Kyrgyz Republic".

Article 8. In case of application of the Law of the Kyrgyz Republic "About amnesties of some categories of the patients and persons condemned under Articles 128, 129 Criminal codes of the Kyrgyz Republic" concerning persons, term of punishment to which it was earlier 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.

Article 9. In case of application of article 6 of the Law of the Kyrgyz Republic "About amnesty of some categories of the patients and persons condemned under Articles 128, 129 Criminal codes of the Kyrgyz Republic" to reducing the part of term of punishment which is not left on the date of entry into force of the specified Law is subject.

Article 10. The Item provision) article 5 of the Law of the Kyrgyz Republic "About amnesty of some categories of the patients and persons condemned under Articles 128, 129 Criminal codes of the Kyrgyz Republic" is not applied to persons exempted ahead of schedule after 1991 from places of detention according to the procedure of pardon or on the basis:

The law of the Kyrgyz Republic of April 20, 1991 "About amnesty in the Republic Kyrgyzstan";

The law of the Kyrgyz Republic of December 21, 1991 "About amnesty in the Republic Kyrgyzstan";

The law of the Kyrgyz Republic of December 17, 1992 "About amnesty";

The law of the Kyrgyz Republic of April 16, 1994 "About amnesty";

The law of the Kyrgyz Republic of August 16, 1995 "About amnesty in connection with the celebration of the 1000 anniversary of the epos "Manas";

The law of the Kyrgyz Republic of March 25, 1996 "About amnesty of women".

Article 11. Determine that malicious violators of the mode of serving sentence, according to Item of) article 5 of the Law of the Kyrgyz Republic "About amnesty of some categories of the patients and persons condemned under Articles 128, 129 Criminal codes of the Kyrgyz Republic" should be considered persons:

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