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The document ceased to be valid since January 1, 2019 according to article 5 of the Law of the Kyrgyz Republic of January 24, 2017 No. 10

PENITENTIARY CODE OF THE KYRGYZ REPUBLIC

of December 13, 1999 No. 142

(as amended on 14-06-2017)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on November 11, 1999

General part

Section I. Basic provisions of the criminal and executive legislation

Chapter 1. General provisions

Article 1. Criminal and executive legislation of the Kyrgyz Republic

The criminal and executive legislation of the Kyrgyz Republic consists of of this Code, other laws and regulatory legal acts of the Kyrgyz Republic regulating procedure and conditions of execution and serving sentence, and equally in application of measures of criminal law action on convicts and also the regulations containing in international treaties of the Kyrgyz Republic.

Article 2. Purposes, tasks and contents of the criminal and executive legislation

(1) the Criminal and executive legislation of the Kyrgyz Republic pursues the aims of correction of convicts, and also preventions of making of crimes as condemned, and other persons.

(The Criminal and executive legislation according to the purposes of criminal liability has 2) the tasks: regulation of execution and serving sentence and other measures of criminal law action; determination of means of goal achievement of punishment in the course of their execution; protection of the rights, freedoms and legitimate interests of convicts.

(3) According to objectives the Penitentiary code establishes general provisions and the principles of execution of the punishments and other measures of criminal law action provided by the Criminal code of the Kyrgyz Republic and the Code of penal procedure of the Kyrgyz Republic; procedure and conditions of execution and serving sentence and use of cures of convicts; legal status of convicts and system of guarantees of providing their rights, freedoms and legitimate interests; procedure for activities of the organizations and bodies performing punishment, and also participation of public authorities and local government bodies, other organizations, public associations and citizens in correction of convicts; procedure for release from punishment and assistance exempted in social adaptation.

Article 3. Criminal and executive legislation and international legal acts

(1) the Criminal and executive legislation considers international treaties of the Kyrgyz Republic and observes the conventional principles of international law relating to execution of the punishment and the treatment of convicts according to social and economic opportunities.

(2) If the international treaty of the Kyrgyz Republic establishes other rules of execution of punishments of the treatment of convicts than provided by the criminal and executive legislation, then rules of the international treaty are applied.

(4) the Recommendation (declaration) of the international organizations for execution of punishments and the treatment of convicts are implemented in the criminal and executive legislation in the presence of necessary social and economic opportunities.

Article 4. Regulations in the field of execution of the punishment and other measures of criminal law action

Executive bodies can adopt the regulations based on the law concerning execution of the punishment, and also to other measures of criminal law action.

Article 5. Operation of the Criminal and executive legislation in space and time

(1) the Criminal and executive legislation of the Kyrgyz Republic is applied in all territory of the Kyrgyz Republic.

(2) the Procedure and conditions of execution and serving sentence and other measures of criminal law action are performed according to the legislation existing during their application.

Article 6. Basis of execution of the punishment and other measures of criminal law action

The basis of execution of the punishment and other measures of criminal law action is the sentence or the changing its determination or the court order which took legal effect, and also the act of amnesty or pardon.

Article 7. Principles of the criminal and executive legislation

The criminal and executive legislation is based on the principles of legality, humanity, democratism, equality of convicts before the law, differentiation and individualization of execution of punishments, rational application of forced means and stimulation of right obedient behavior, connection of punishment with corrective impact.

Article 8. Correction and its fixed assets

(1) Correction of the convict is forming at it right obedient behavior, respect for the person, society, work, regulations, rules and traditions of human community.

(2) Fixed assets of correction of convicts are: established procedure of execution and serving sentence - the mode, educational work, socially useful work, education, professional training and public impact.

(3) Cures of convicts are applied taking into account type of punishment, nature and degree of public danger of the committed crime, their personality and behavior.

Chapter 2. Legal status of convicts

Article 9. Bases of legal status of convicts

(The State respects 1) and protects the rights, freedoms and legitimate interests of convicts, provides the conditions of serving sentence, guarantee of social justice established by the law, legal and other security.

(3) the Condemned foreign citizens and stateless persons have the rights and perform the duties established by international treaties, the legislation of the Kyrgyz Republic on legal status of foreign citizens and persons without citizenship with the withdrawals and restrictions provided by penal, criminal and executive and other legislation of the Kyrgyz Republic.

(4) the Condemned foreign citizens can be deported for further serving sentence with observance of statutory rules under approval of authorized bodies of the Kyrgyz Republic and country of source of the condemned foreign citizen on the basis of international agreements.

(5) the Rights and obligations of convicts, and also withdrawals from them and restrictions are determined by this Code, proceeding from procedure and conditions of execution of specific type of punishment.

(6) concerning the convict and the victim in the Kyrgyz Republic application of procedures of recovery justice as conciliation, meetings of the victim and the offender, bringing of apologies personally or in writing or other form, acceptable for the parties, is possible.

Procedures of recovery justice are made individually concerning each convict by administration of the organizations and bodies performing punishments. The organizations and bodies performing punishment can involve in procedures of recovery justice of social workers, psychologists, and also representatives of public organizations.

Article 10. Fundamental obligations of convicts

(1) Convicts shall carry out the obligations of the citizen of the Kyrgyz Republic established by the legislation, and also respect the ethical rules of behavior accepted in society.

(2) Convicts shall observe requirements of the criminal and executive law determining procedure and conditions of serving sentence, and also the regulatory legal acts adopted according to it.

(3) Convicts shall fulfill the requirements of administration of the organizations and bodies performing punishments based on the law.

(4) Convicts shall treat politely personnel, the other persons performing punishments and also other convicts.

(5) Failure to carry out by convicts of the obligations assigned to them, and also legal requirements of administration of the organizations and bodies performing punishment attracts the responsibility established by the law.

(6) Convicts shall be on challenge of administration of the organizations and bodies performing punishments and to offer explanations concerning execution of sentence. In case of absence the convict is exposed to the forced drive and to it measures of disciplinary impact are taken.

Article 11. Basic rights of convicts

(1) Convicts have right to be informed about the rights and obligations, about procedure and conditions of serving of the penalty imposed by court of type. The administration shall provide to convicts the specified information, and also acquaint them with changes of procedure and conditions of serving of criminal penalties.

(2) Persons serving sentence have the right to the polite address from personnel. They shall not be exposed to the tough or degrading human dignity address. Enforcement measures can be applied to convicts precisely based on this law.

(3) Convicts, irrespective of their consent, cannot be subjected to medical and other experiences which threaten their life and health.

(4) Convicts have the right to address with offers, statements and claims administration of the organization or body performing punishment in higher bodies, public authorities and local self-government, public associations, and also in interstate bodies for protection of human rights and freedoms if all available interstate legal remedies are exhausted.

(5) Convicts have the right to offer explanations and to correspond, and also to address with the offers specified in part four of this Article, statements and claims in the native language or in any other language which they know, in necessary cases to use translation service. Answers are given to convicts in address language. In the absence of opportunity to give the answer in address language, it is given in the state or official language. Transfer of the answer to language of the address is provided with the organization or body performing punishment.

(6) Convicts have the right to health protection, including receipt of primary medical and sanitary and specialized medical care, in out-patient and polyclinic or stationary conditions depending on the medical certificate.

(7) Convicts have right to social insurance in accordance with general practice according to the legislation.

(8) For receipt of qualified legal aid convicts can use services of lawyers, and also the other persons having the right to rendering such help.

(9) the Condemned foreign citizens have also the right to keep in contact with diplomatic representations and consular establishments of the states, and citizens of the countries which do not have diplomatic and consular establishments with the Kyrgyz Republic, with diplomatic representations of the states which undertook protection of their interests or with the international bodies which are engaged in their protection.

(10) the Procedure for realization of the rights of convicts is established by this Code, and also other regulatory legal acts.

(11) Realization of the rights of convicts shall not break statutory rules of internal rules and procedures.

Article 12. Right of convicts to personal security

(1) Convicts have the right to personal security.

(2) In case of threat of personal security of the convict from other convicts or other persons he has the right to file petition to any official of the organization performing custodial sanction with request for ensuring personal security. In this case the official shall take immediate measures to ensuring personal security of the addressed convict.

(3) the Chief of organization according to the statement of the convict or on own initiative makes the decision on transfer of the convict to the safe place, other measures eliminating danger of crime execution concerning the convict.

(4) in case of rejection of measures for ensuring personal security of the convict the official bears responsibility according to the legislation.

Article 13. Providing liberty of conscience and religious liberty of convicts

(1) liberty of conscience and religious liberty is guaranteed to Convicts.

(2) Realization of right to liberty of conscience and religious liberty is voluntary, shall not break statutory rules of internal rules and procedures of the organization performing punishments and also to infringe at the rights of other persons.

(3) To persons serving custodial sanction at their request attendants of the religious associations registered in accordance with the established procedure are invited. In the organizations performing punishments, departure of religious practices, use of cult objects and religious literature is allowed to convicts. For these purposes the administration of organization allocates the respective room.

(4) To the convicts containing in solitary confinements, penalties and disciplinary insulators, and also rooms of chamber type, attendants of cult are allowed with condition of ensuring their personal security.

(5) opportunity to make all necessary religious practices with the invitation of attendants of cult is provided to Seriously ill convicts before execution of sentence at their request.

Article 14. Addresses of convicts and procedure for their consideration

(1) Convicts can direct offers, applications and claims on the questions connected with violation of their rights and legitimate interests.

(2) Offers, statements and claims of convicts can be oral and written. They are considered by administration of the organizations and bodies performing punishment.

(3) Offers, statements and claims in higher bodies of management and in other bodies specified in part four of article 11 of this Code, condemned to custodial sanction, contents in disciplinary military unit, to lifelong imprisonment, go to the addressee administration of the organizations and bodies performing punishments. The punishments condemned to other types direct offers, applications and claims independently.

(4) Offers, statements and claims of convicts concerning decisions and actions of administration of the organizations and bodies performing punishments do not stop these decisions and actions.

(5) Organa and officials to whom offers, applications and claims of convicts are directed shall consider them in the terms established by the legislation and bring the made decisions to the attention of convicts.

Chapter 3. The organizations and bodies performing punishments and other measures of criminal law action. Control of their activities

Article 15. Types of the organizations and bodies performing punishments and other measures of criminal law action

(1) Mulctary punishments, triple ayyp and confiscation of property are performed by legal executives of the court which decided sentence, and also vessels in the location of property or court on place of employment of the convict.

(2) Punishment in the form of social jobs, corrective works and restriction of freedom is performed by criminal and executive inspectorates for the residence of the convict.

(3) Punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities is performed by criminal and executive inspectorate for the residence of the convict, correctional facility and disciplinary military unit. The requirement of sentence about deprivation of the right to hold certain positions or to be engaged in certain activities is performed by administration on place of employment of the convict, and also bodies, competent according to the law to cancel permission to occupation the corresponding types of activity.

(4) Custodial sanction and lifelong imprisonment are performed by organizations of criminal executive system.

(5) Punishment in the form of deprivation of special or military rank is performed by the body which gave the rank.

(6) Punishment concerning the military personnel is performed in the form of content in disciplinary military unit by the military units which are specially intended for this purpose.

(7) the punishments Condemned with conditional non-use are under control of criminal and executive inspection.

(8) According to the procedure, provided by regulatory legal acts of the Kyrgyz Republic, the employee of criminal and executive inspection exercising control of behavior of the convict can involve public associations, charitable organizations and individuals in process of resocialization of the convict.

Article 16. Notification on the place of serving sentence

(1) the Organizations and bodies performing punishment shall notify the court which decided sentence, on the beginning and the place of serving condemned custodial sanctions, contents in disciplinary military unit, social jobs, corrective works and restriction of freedom, and also about application of other measures of criminal law action on convicts.

(2) the Organizations and bodies performing punishments shall notify the court which decided sentence on execution of the punishment in the form of penalty, deprivation of special or military rank, social jobs, corrective works, restriction of freedom and lifelong imprisonment, and also on application of other measures of criminal law action on convicts.

Article 17. Application to convicts of measures of medical nature

(1) concerning persons, convicts to imprisonment and the patients with chronic alcoholism or drug addiction and also suffering from the mental disturbance which is not excluding sanity, the organizations performing the called punishments by a court decision apply forced treatment.

(2) If during the serving called in part one of this Article of punishments it is determined that the convict is sick with chronic alcoholism or drug addiction, the organization performing punishment is included into court with idea of application to such person of forced treatment.

(3) concerning persons condemned to the punishments called in part one of this Article, and patients with toxicomania, HIV-positive people, and also TB patients in open form or not completed full course of treatment of venereal disease, the organizations performing the corresponding punishments according to the decision of medical commission apply obligatory treatment.

(4) If the face sore with the diseases listed in parts one or third this Article, is condemned to the punishment which is not connected with

imprisonment, treatment is applied according to the legislation in accordance with general practice.

Article 17-1. Control and supervision of places of detention

For the purpose of proper execution of criminal penalties, observance of the rights and freedoms of the organizations and bodies performing criminal penalty condemned behind activities control and supervision of the following types is exercised:

- departmental control;

- medical and sanitary and epidemiologic control;

- control of local authorities of the government and local self-government;

- public control;

- international control;

- public prosecutor's supervision;

- parliamentary control;

- judicial control.

Article 17-2. Medical and sanitary and epidemiologic control

According to the legislation of the Kyrgyz Republic and rules of international law the state provides medical and sanitary and epidemiologic attendance of the organizations and bodies performing criminal penalty.

Article 17-3. International control

The international control is exercised by the international organizations and their representations which are acting on the basis of the international treaties and according to the procedure accredited in the Kyrgyz Republic, established by the legislation of the Kyrgyz Republic.

Article 17-4. Parliamentary control

The Jogorku Kenesh of the Kyrgyz Republic exercises control of activities of the organizations and bodies performing criminal penalty through the relevant commissions and committees.

Article 18. Control of executive bodies and local self-government

Executive bodies and local government bodies render assistance in the organization of activities and functioning of the organizations and bodies performing criminal penalties located in their territories and also exercise control of their activities through the created supervisory committees, territorial subdivisions of authorized state body for protection of children, the boards of trustees.

The procedure and forms of control are regulated by the provisions approved by relevant organ of the executive authority and local self-government taking into account the minimum requirements of the standard provisions approved by the Government of the Kyrgyz Republic.

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