LAW OF THE KYRGYZ REPUBLIC

of January 14, 1999 No. 3

About amnesty in honor of the 7th anniversary of independence of the Kyrgyz Republic and the 50 anniversary of the Universal Declaration of Human Rights

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 23, 1998

Approved by the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic on December 25, 1998

Article 1. Exempt from criminal liability:

a) minors;

b) persons who committed crimes of small weight and less serious crimes;

c) condemned for intentional crimes for a period of up to 5 years of imprisonment inclusive.

Article 2. Operation of article 1 of this Law does not extend:

a) on the persons who were earlier exempted from places of detention before complete departure of the penalty imposed by court of term according to the procedure of the act of amnesty or pardon and again committed intentional crime;

b) on the convicts who are malicious violators of the mode of serving sentence.

Article 3. Exempt from criminal liability for the crimes provided by Articles 336, of 337, of 359, 360 Criminal codes of the Kyrgyz Republic, the persons who made in term of imprisonment escape from places of detention or from custody (crime, stipulated in Article 336 Criminal codes of the Kyrgyz Republic) or evaded from serving sentence in the form of imprisonment (crime, stipulated in Article 337 Criminal codes of the Kyrgyz Republic) and were voluntarily within three months from the date of publication of this Law in law-enforcement bodies or places of departure of punishment, and also the military personnel, made unauthorized leaving of part or desertion (the crime provided by Articles 359, 360 Criminal codes of the Kyrgyz Republic) during passing of military service and were voluntarily within three months from the date of publication of this Law to places of passing of military service.

Article 4. Replace custodial sanction to persons who committed crimes in the field of economy (171-183, 187-203, 205-225 Criminal codes of the Kyrgyz Republic provided by Articles 164-166, 169,) which are not containing violence signs, to the citizens who caused the actions material damage, the companies, the organizations, organizations and not falling under operation of article 1 of this Law, triple ayyp - collection in triple extent of the caused damage in terms of money.

Article 5. Reduce the unexpired term of punishment:

a) the convict who is serving sentence in colonies settlements and not falling under operation of article 1 of this Law - half;

b) condemned for intentional crimes to imprisonment for a period of up to 10 years inclusive and not falling under operation of article 1 of this Law, - half;

c) condemned for intentional crimes to imprisonment for the term of over 10 and up to 20 years inclusive and not falling under operation of article 1 of this Law, - on one third.

Article 6. 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 the act of pardon;

b) on persons who committed crimes in case of dangerous and especially dangerous recurrence;

c) on persons who committed the crimes provided by Articles 97, of 104, of 129, of 130, of 167, of 168, Article 169 (in the presence of signs of Articles 167, 168, 170 Criminal codes of the Kyrgyz Republic), Articles 170, 184-186, 204, 226, 227, 229-231, 233, 292-296, 298, 303-316, 340, 345, 373 Criminal codes of the Kyrgyz Republic;

d) on the minors who committed crimes, stipulated in Article 97, part 4 Articles 104, Articles 129, of 130, part 3 Articles 167, Articles 168, of 226, of 227, 229-231, 233, 292-296, 298, of 340, of 345, 373 Criminal codes of the Kyrgyz Republic.

Article 7. The persons condemned by courts of the Kyrgyz Republic, and also courts of the CIS countries and leaving punishment measure in the territory of the Kyrgyz Republic fall under operation of this Law.

Article 8. The act of amnesty is applied to persons concerning whom along with punishment for the committed crime measures of forced treatment for drug addiction, alcoholism or venereal diseases are appointed and which are subject to release from punishment according to this Law upon termination of full course of treatment.

Article 9. Assign execution of this Law:

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

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 this Law in force, and also concerning persons, cases on whose crimes are considered, but sentences did not take legal effect;

- concerning the persons which are conditionally ahead of schedule exempted from punishment or conditionally exempted from places of detention with probation period and persons to whom 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);

d) on law-enforcement bodies - concerning the persons condemned to imprisonment, but who are not in custody on whom sentences took legal effect.

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