LAW OF THE KYRGYZ REPUBLIC

of July 30, 1997 No. 63

About amnesty of some categories of the patients and persons condemned under Articles 128, 129 Criminal codes 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 June 25, 1997

Article 1. Exempt from further serving sentence of the convicts to imprisonment recognized in the procedure established by the law to disabled people of 1 and 2 groups, and also patients with severe active forms of tuberculosis.

Article 2. Exempt from further serving sentence of the patients condemned to imprisonment with different forms of the mental diseases reaching degree of psychoses or weak-mindedness with the further direction them if necessary on forced treatment in departments of lunatic asylums with the special mode of observation.

Article 3. Exempt from further serving sentence of convicts to imprisonment of patients with oncological diseases.

Article 4. Exempt from custodial sanction, irrespective of term, and also the punishment which is not connected with imprisonment, 129 Criminal codes of the Kyrgyz Republic condemned under Articles 128,.

Article 5. Operation of articles 1-3 of this Law does not extend to persons:

a) 4 Articles which committed crimes, provided by Articles 58-67, 71, 71-1, 72, of 80, parts 3, 84, parts 2, 3, 4 Articles 85, parts 2, 3 Articles 86, part 3 Articles 87, Articles 88, 88-1, 94, 95, 101, 108, parts 3, 4 Articles 144, Articles 145, 146, part 2 Articles 147, parts 2, 3 Articles 148, part 2 Articles 177, part 2 Articles 178, Articles 180, 181, 190, 190-1, 191-2, 197-1, parts 2, 3 Articles 208, parts 2, 3 Articles 215, Articles 218, 224-1, 230, 235, 235-3 Criminal codes of the Kyrgyz Republic;

b) earlier exempted from places of detention before complete serving of the penalty imposed by court of term according to the procedure of the act of amnesty or pardon and again committed intentional crime;

c) recognized as especially dangerous recidivists;

d) being malicious violators of the mode of serving sentence.

Article 6. Reduce the rest of term of punishment to persons:

a) listed in articles 1-3 of this Law and not falling under release based on Article 5, - half;

b) recognized in the procedure established by the law as disabled people 3 groups, and also to the TB patients condemned to imprisonment for a period of up to 5 years - half;

c) recognized in the procedure established by the law as disabled people 3 groups, and also to the TB patients condemned to imprisonment for the term of over 5 years - on one third.

Article 7. Operation of this Law does not extend to persons to whom punishment in the form of capital punishment is replaced with imprisonment according to the procedure of pardon or amnesty.

Article 8. Refuse initiation of legal proceedings or stop production all criminal cases which are in stage of inquiry, pretrial investigation and put, not considered by courts, about the crimes committed to the introduction of this Law in force:

a) the persons listed in Articles 1-4 and who are not falling under operation of article 5 of this Law;

b) persons who committed crimes for which the punishments which are not connected with imprisonment are prescribed.

Article 9. The persons condemned by courts of the Kyrgyz Republic, and also courts of the CIS and leaving punishment measure in the territory of the Kyrgyz Republic fall under operation of this Law.

Article 10. Exempt the convicts falling under operation of articles 1-4 of this Law from additional measures of punishment, except for confiscations of property.

Article 11. To persons concerning whom along with punishment for the committed crime measures of forced treatment for drug addiction are appointed of alcoholism, venereal disease and subject to release according to this Law, the act of amnesty is applied upon termination of full course of treatment.

Article 12. This Law becomes effective from the moment of publication and is subject to execution within 6 months.

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