of June 14, 2002 No. 101
About the general principles of amnesty and pardon
Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on May 28, 2002
Chapter I voided according to the Law of the Kyrgyz Republic of 24.01.2017 No. 10
Pardon - full or partial relief of the convict from punishment or replacement of the penalty imposed by court by softer.
Pleas for mercy are considered, as a rule, according to personal petitions of convicts after the introduction of sentence in legal force.
Pardon is performed only by the President of the Kyrgyz Republic (further - the President) concerning individually certain person.
The act of pardon is adopted by the presidential decree sent to the address of the corresponding convict concerning which the petition arrived. In case of variation of the plea for mercy the President passes the official decision.
The act of pardon the President can:
1) to exempt person from serving of the remained unexpired part of punishment;
2) to reduce unexpired punishment by certain part;
To replace 3) appointed or unexpired part of punishment with softer measure of punishment;
To exempt 4) from additional punishment, but provided that it is not performed yet.
For preliminary consideration of questions of pardon the President forms the Commission on pardon questions (further - the Commission). The commission performs the activities according to the provision approved by the presidential decree.
The personal and numerical structure of the Commission affirms the presidential decree from among deputies of Jogorku Kenesh of the Kyrgyz Republic, representatives of public associations and the national cultural centers.
The commission for the solution of the tasks assigned to it considers:
1) pleas for mercy of persons condemned by courts of the Kyrgyz Republic;
2) materials concerning the persons condemned to lifelong imprisonment and who did not submit the plea for mercy;
3) the conclusion of the Attorney-General of the Kyrgyz Republic about application of pardon to persons sentenced by courts of the Kyrgyz Republic to lifelong imprisonment.
The commission makes to the President offers:
1) to replace lifelong imprisonment with imprisonment with certain term;
Fully or partially to exempt 2) from serving sentence;
3) to replace unexpired part of custodial sanction with milder pinishment.
Each convict to lifelong imprisonment has the right to petition for pardon.
Persons condemned to lifelong imprisonment can address with the plea for mercy the President within ten days from the date of delivery of the copy of the sentence which took legal effect or resolutions (determination) of the Supreme Court of the Kyrgyz Republic by it.
If person condemned to lifelong imprisonment will not give to the specified time of the plea for mercy or will declare the unwillingness to address with such petition, about it the administration of the pre-trial detention center draws up the statement of refusal of submission of the plea for mercy.
The petition or the act of refusal of submission of the plea for mercy go to the President no later than three days from the date of acceptance of the petition or creation of the act of failure of the face condemned to lifelong imprisonment from submission of the plea for mercy.
It is excluded by the Law KR of June 25, 2007 No. 91
In case of variation of the plea for mercy of person condemned for especially serious crime, the repeated petition in the absence of the new, deserving attention circumstances it can be brought after one year condemned to lifelong imprisonment after ten years, and persons condemned for other crimes after six months from the date of variation of the previous petition.
The repeated petitions which arrived before the expiration of the specified terms join the available materials.
Pleas for mercy are considered, as a rule, according to personal petitions of convicts and only after the introduction of sentence in legal force.
By consideration of the plea for mercy are taken into account:
1) nature and degree of public danger of the committed crime, the identity of the convict, his behavior, the relation to work, term of the served sentence;
2) opinion of administration of correctional facility, the supervisory committee, commission on cases of minor, public organizations and labor collectives.
By consideration of the plea for mercy can be taken into account and other circumstances.
Pleas for mercy of the convicts who did not follow way of correction or the left insignificant part of the penalty imposed by court of term, and also the plea for mercy of persons condemned for serious crimes or crimes which made especially dangerous recurrence, are submitted for consideration of the Commission only in the presence of the circumstances deserving attention or petitions of deputies of Jogorku Kenesh of the Kyrgyz Republic, bodies of prosecutor's office, homeland security, criminal executive system, public organizations or labor collectives.
If persons who made especially dangerous recurrence of crimes and also persons to whom amnesty, pardon either parole from punishment or replacement of punishment to softer were applied earlier before repayment or removal of criminal record committed intentional crime again, they can be pardoned only in exceptional cases.
The pleas for mercy of persons, convicts which arrived addressed to the President to lifelong imprisonment, or materials about failure of these faces of submission of pleas for mercy before submitting for examination of the Commission go to the Ministry of Justice of the Kyrgyz Republic, state body on homeland security and the Prosecutor General's Office of the Kyrgyz Republic which not later than submit the conclusions with indication of contents of the made judgments within two-month term, circumstances of crime execution, data on the identity of convicts, the substantive motions of each petition or material about refusal of submission of the petition.
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