LAW OF THE KYRGYZ REPUBLIC

of July 25, 2002 No. 128

About amnesty

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 28, 2002

Approved by the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic on July 3, 2002

Article 1. Exempt from custodial sanction, and also from the punishments which are not connected with imprisonment:

a) persons who were involved in fighting on protection of interests of the USSR and the Kyrgyz Republic and also in liquidation of the Chernobyl accident;

b) 58 years are more senior than women;

c) 63 years are more senior than men;

d) the persons who are the single supporter in family, having at least two minor children or dependent on which there are disabled parents of the I group;

e) disabled people of I and II groups, and also patients with severe form of tuberculosis;

e) minors, for the first time convicts for a period of up to 7 years;

g) persons whose unexpired part of punishment on the date of the introduction of this Law in force constitutes less than one year;

h) persons who for the first time committed crimes of small weight and less serious crimes;

i) persons who completely indemnified damage caused by crime except especially major damage;

j) persons who are conditionally condemned and also convicts to the punishment which is not connected with imprisonment.

Article 2. Exempt from criminal liability the military personnel who made unauthorized leaving of part or desertion during passing of military service (crime, stipulated in Article 359, part one of article 360 of the Criminal code of the Kyrgyz Republic) and been voluntarily within four months from the date of publication of this Law to places of passing of military service.

Article 3. Operation of article 1 of this Law does not extend:

a) on persons who committed crimes, stipulated in Article 97, parts two, third, fourth Article 104, Article 123, Article part two 124, Articles 129, of 130, of 147, of 156, of 159, parts two, third Article 164, parts two, third Article 165, Article part three 166, Articles 167, of 168, of 169, parts two, third Article 170, Article part three 171, Article 172, Article part two 181, part two of Articles 184 - 185, Article 186, Article part three 188, Article 198, parts two, third, fourth Article 204, Article part two 208, Articles 226, 227, 229 - 233, Item 3 parts two and Article part three 234, Article part three 240, Article 245, parts two, third Article 246, Articles 247 - 249, Article part two 250, Article part two 252, Article part three 254, Articles 292 - 296, Article part two 297, Article 298, Article part two 302, Article 303, parts three, the fourth Article 304, Article part two 305, Article 313, Article part two 314, Article 319, Article part four 320, Articles 322, 325, Article part three 326, Article 328, Article part four 332, Article 340, Article part two 341, Articles 345, 373 - 376 Criminal codes of the Kyrgyz Republic of October 1, 1997; Articles 58, 59, 60, 62, 71, 71-1, parts two, third Article 72, Articles 73, 81, parts two, third, fourth Article 84, parts two, third, fourth Article 85, parts two, third Article 86, Articles 88, 88-1 (containing signs of the crimes provided by Articles 85, 85-1, 86, of 88), Articles 94, of 97, of 101, Article part two 102, Articles 108, of 112, of 113, of 123, of 126, 126-1, 126-2, parts two, third, fourth Article 144, parts two, third, fourth Article 145, Articles 146, of 147, parts two, third Article 148, Articles 177, 177-1, 178, 179 - 182, 182-2, 183, 184, 185, 186, Article part two 199, Articles 199-1, 208, parts two, third Article 215, Articles 216, 224-1, 230, 234-2, parts two, third Article 235, Articles 235-1, 235-3, 235-4, part two of Article 236, articles 237-1, 242 of the Criminal code of the Kyrgyz SSR approved on December 29, 1960 with subsequent changes and amendments;

b) on the minors who committed the crimes provided by Articles 97, of 123, of 129, of 130, Article part three 167, Articles 168, of 226, of 227, 229 - 231, 233, Item 3 parts two and Article part three 234, Article part three 246, Articles 247-249, 292 - 296, 298, 319, 340, 345, 373 - 375 Criminal codes of the Kyrgyz Republic.

Article 4. Reduce the unexpired term of punishment to the convicts who are not falling under operation of article 1 of this Law:

a) the convict serving punishment sentence in colonies settlements on half;

b) condemned for intentional crimes to imprisonment for a period of up to 5 years inclusive - on half;

c) condemned for intentional crimes to imprisonment for a period of up to 10 years inclusive - on one third;

d) condemned for intentional crimes to imprisonment for a period of up to 15 years inclusive - on one quarter;

e) condemned for intentional crimes to imprisonment for the term of over 15 years - on one fifth;

e) the minor serving sentence in educational colony, condemned for intentional crimes to imprisonment for a period of up to 10 years inclusive - on half;

g) the minor serving sentence in educational colony, condemned for intentional crimes to imprisonment for a period of up to 15 years inclusive - on one third.

Persons concerning whom according to this Law punishment terms are reduced in three-months time after publication of the Law of the Kyrgyz Republic "About amnesty" shall be officially informed on new calculation of term of punishment and end date of serving sentence.

Article 5. Operation of this Law does not extend:

a) on persons to whom punishment in the form of capital punishment is replaced with imprisonment according to the procedure of pardon;

b) on persons who committed intentional crimes during serving sentence, except for persons condemned on part four of article 64 of the Criminal code of the Kyrgyz Republic;

c) on the convicts recognized as malicious violators of the mode of serving sentence;

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