Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

The document ceased to be valid since January 1, 2019 according to article 2 of the Law of the Kyrgyz Republic of January 24, 2017 No. 10

CRIMINAL CODE OF THE KYRGYZ REPUBLIC

of October 1, 1997 No. 68

(as amended on 02-08-2018)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on September 18, 1997

General part

Section I. Penal statute

Chapter 1. Tasks and principles of the Criminal code of the Kyrgyz Republic

Article 1. Penal legislation of the Kyrgyz Republic

(2) the New laws providing criminal liability are subject to inclusion in this Code.

Article 2. Purposes and tasks of the Criminal code of the Kyrgyz Republic

(1) the Purposes of the Criminal code of the Kyrgyz Republic are: the prevention of crimes, protection of the personality, the rights and freedoms of citizens, legal entities, property, the environment, public order and safety, the constitutional system of the Kyrgyz Republic, the world and safety of mankind from criminal encroachments.

(2) Tasks of the Criminal code of the Kyrgyz Republic are determination of the principles of criminal liability, the basis of criminal liability, signs of general concept of crime, circle of socially dangerous acts, the types of punishment applied to persons who committed crimes.

Article 3. Principles of the Criminal code of the Kyrgyz Republic

(1) the Criminal code is based on the principles of legality, personal guilty liability, justice, democratism, humanity, also equalities of citizens before the law and inevitability of responsibility for the committed crime.

(2) Nobody can be found guilty of crime execution until his guilt is acknowledged as the court verdict which took legal effect.

(3) Nobody can bear twice criminal liability for the same crime.

Article 4. Basis of criminal liability

The basis of criminal liability is making of socially dangerous act containing signs of the actus reus provided by the penal statute.

Chapter 2. Limits of action of the penal statute

Article 5. Action of the penal statute concerning persons who committed crime in the territory of the Kyrgyz Republic

(1) All persons who committed crime in the territory of the Kyrgyz Republic are subject to responsibility under this Code.

(2) In case of crime execution in the territory of other state responsibility comes under this Code if the crime is finished or stopped in the territory of the Kyrgyz Republic.

(3) the Question of criminal liability of diplomatic representatives of foreign states and other citizens who according to current laws and international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic are incompetent to courts of the Kyrgyz Republic in case of making by these persons of crime in the territory of the Kyrgyz Republic, is allowed in the diplomatic way on the basis of rules of international law.

Article 6. Action of the penal statute concerning persons who committed crime outside the Kyrgyz Republic

(1) the Citizens of the Kyrgyz Republic and also who are constantly living in the Kyrgyz Republic of the stateless person, committed crime outside the Kyrgyz Republic are subject to responsibility under this Code if they were not punished according to the court verdict of foreign state.

(2) the Citizens of the Kyrgyz Republic who committed crime in the territory of other state are not subject to issue to this state.

(3) the Foreign citizens and persons without citizenship who committed crime outside the Kyrgyz Republic and being in its territory can be issued to foreign state for criminal prosecution or serving sentence according to the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

Article 7. Action of the penal statute in time

(1) Crime and punishability of act are determined by the law existing during making of this act.

(2) the Law eliminating punishability of act or commuting penalty has retroactive force, that is extends to persons who made the corresponding act to the introduction of such law in force including on serving sentence or served sentence, but having criminal record.

(3) the Law establishing or aggravating responsibility of person has no retroactive force.

Section II. Crime

Chapter 3. Concept and types of crime

Article 8. Concept of crime

(1) the Crime socially dangerous, guilty and punishable offense (action or failure to act) provided by the penal statute is recognized.

(2) action or failure to act is not crime though it is formal and falling under signs of the act provided by the Special part of this Code, but owing to insignificance not constituting public danger.

Article 9. Classification of crimes

(1) Crimes, depending on nature and degree of public danger, are subdivided on small weight, less heavy, heavy and especially heavy.

(2) Weight of crime is determined by the maximum term of more stiff punishment prescribed by the sanction of Article.

Article 10. Crimes of small weight

Intentional crimes for which maximum punishment does not exceed two years of imprisonment, and also careless crimes for which maximum punishment does not exceed five years of imprisonment belong to crimes of small weight.

Article 11. Less serious crimes

Intentional crimes for which the law prescribes custodial sanction for the term of not over five years, and also careless crimes for which custodial sanction is prescribed over five years belong to less serious crimes.

Article 12. Serious crimes

Intentional crimes for which the law prescribes custodial sanction for the term of more than five years, but not over ten years belong to serious crimes.

Article 13. Especially serious crimes

Intentional crimes for which the law prescribes custodial sanction for the term of over ten years or lifelong imprisonment belong to especially serious crimes.

Article 14. 

 It is excluded

Article 15. Cumulative offenses

(1) Cumulative offenses making of two or more crimes is recognized, of which person was not condemned for one. At the same time crimes for which person was exempted from criminal liability on the bases, the established law are not considered.

(2) If the crime is provided by general and special regulations, then criminal liability comes on special regulation.

Article 16. Recurrence of crimes

(1) the Recurrence of crimes making of intentional crime by person having criminal record for earlier committed intentional crime is recognized.

(2) the Recurrence of crimes is recognized dangerous:

1) in case of committing by person of intentional crime for which it is condemned to imprisonment if earlier this person three times were condemned to imprisonment for intentional crime.

2) in case of committing by person of serious crime if earlier it was twice condemned for serious crime.

(3) the Recurrence of crimes is recognized especially dangerous:

1) in case of committing by person of intentional crime for which it is condemned to imprisonment if earlier this person three or more time was condemned to imprisonment for serious crimes;

2) in case of committing by person of serious crime if earlier it three times were condemned for serious crime, it is twice condemned for especially serious crime;

3) in case of committing by person of especially serious crime if earlier it was condemned for especially serious crime.

(4) In case of recognition of recurrence of crimes are not considered:

1) criminal records for intentional crimes of small weight;

2) criminal records for the crimes which are commited by person aged up to eighteen years;

3) criminal records for crimes for which condemnation was recognized conditional or on which delay of execution of sentence was represented if conditional condemnation or delay of execution of sentence were not cancelled and person did not go for serving sentence to places of detention, and also the criminal records removed or extinguished according to the procedure, stipulated in Clause the 76th of this Code.

4) criminal records for crimes for which to person the penalties which are not connected with imprisonment were imposed.

(5) the Recurrence of crimes attracts more stiff punishment on the basis and in the limits provided by this Code.

Note. The criminal record of person in foreign state for the act recognized as crime and in the Kyrgyz Republic is considered in case of recognition of recurrence of crimes.

Chapter 4. Persons which are subject to criminal liability

Article 17. General terms of criminal liability

Only the responsible physical person who committed crime and reached the age established by this Code is subject to criminal liability.

Article 18. Age from which there comes criminal liability

(1) person to whom before crime execution sixteen years were performed is subject to Criminal liability.

(2) Person to whom before crime execution 14 years were performed is subject to criminal liability for murder (Article 97), intentional causing severe harm to health (Article 104), intentional causing less severe harm to health (Article 105), kidnapping (Article 123), human trafficking (Article 124), rape (Article 129), violent acts of sexual nature (Article 130), theft (Article 164), abaction (Article 165), robbery (Article 167), robbery (Article 168), plunder of alien property in especially large sizes (Article 169), racketing (Article 170), illegal occupancy by the car or other automotor-vehicle (Article 172), intentional destruction or damage of property by arson, other all-dangerous method or with causing heavy effects (Article part two 174), terrorism (Article 226), taking of the hostage (Article 227), hooliganism in case of aggravating circumstances (part two and third Articles 234), vandalism (Article 235), plunder or racketing of firearms, ammunition, explosives (Article 245), illegal production, acquisition, storage, transportation, transfer with sales objective or sale of drugs or psychotropic substances (Article 247), plunder or racketing of drugs or psychotropic substances (Article 248), reduction in worthlessness of vehicles or means of communication (Article 283).

Article 19. Diminished responsibility

(1) person who during making of socially dangerous act was in diminished responsibility condition is not subject to criminal liability, that is could not give the report in the actions or direct them owing to chronic mental disease, temporary frustration of mentality, weak-mindedness or other disease state of mentality.

(2) To person recognized deranged the enforcement powers of medical nature provided by this Code can be appointed by court.

Article 20. Criminal liability of person with the mental disturbance which is not excluding sanity

(1) the Responsible person who during crime execution owing to mental disturbance could not realize fully the actual nature and public danger of the actions (failure to act) or direct them, is subject to criminal liability.

(2) the Mental disturbance which is not excluding sanity is considered by court in case of assignment of punishment and can form the basis for purpose of enforcement powers of medical nature.

Article 21. Criminal liability of person who committed crime in state of intoxication

Person who committed crime in the state of intoxication caused by alcohol intake, drugs or other stupefying substances is subject to criminal liability.

Chapter 5. Wine

Article 22. Fault forms

Of crime it is found only guilty person who made socially dangerous act is intentional or on imprudence.

Article 23. The crime committed intentionally

(1) the Crime committed intentionally the act made with direct or indirect intent is recognized.

(2) the Crime is recognized committed with direct intention if person understood public danger of the action (failure to act), expected its socially dangerous effects and wished their approach.

(3) the Crime is recognized committed with indirect intent if person understood public danger of the action (failure to act), expected possibility of approach of socially dangerous effects, did not wish, but consciously allowed them.

Article 24. The crime committed on imprudence

(1) the Crime committed on imprudence the act made by levity or negligence is recognized.

(2) the Crime is recognized committed by levity if person expected possibility of approach of socially dangerous effects of the action (failure to act), but without the bases, sufficient to that, self-confidently expected their prevention.

(3) the Crime is recognized committed due to negligence if person did not expect possibility of approach of socially dangerous effects of the action (failure to act) though it shall and could expect them.

Article 25. Innocent damnification (case)

Act is recognized committed is innocent if person which made it did not understand, shall not and could not understand public danger of the action (failure to act) or did not expect its socially dangerous effects and based on the circumstances of a matter shall not and could not expect them.

Chapter 6. The ended and unfinished crimes

Article 26. Responsibility for unfinished crime

(1) the Crime is recognized ended if the commited by person act contains all signs of the actus reus provided by this Code.

(2) the Unfinished crime preparation for crime and attempted crime are recognized.

(3) Criminal liability for unfinished crime comes under Article of this Code providing responsibility for completed crime with reference to Article 27 or 28 of this Code.

Article 27. Preparation for crime

(1) Preparation for crime the finding or adaptation of means or tools, collusion made with direct intention on crime execution or other intentional creation of conditions for crime execution are recognized if at the same time the crime was not finished on the circumstances which are not depending on it.

(2) Criminal liability comes only for preparation for heavy or especially serious crime.

Article 28. Attempted crime

Attempted crime the action or failure to act made with direct intention, directly directed to crime execution is recognized if at the same time the crime was not finished on the circumstances which are not depending from the face.

Article 29. Voluntary refusal of crime execution

(1) Voluntary refusal of crime the termination-faced preparatory actions either cancellation or the failure to act which is directly directed to crime execution is recognized if person understood and had real possibility of finishing crime up to the end.

(2) Act concerning which the voluntary refusal is performed does not attract criminal liability. Person who voluntarily refused finishing crime up to the end is subject to criminal liability only if the act which is actually made by it contains structure of other crime.

(3) the Voluntary refusal of the organizer of crime, the instigator or helper excludes criminal liability if these persons timely took all measures depending on them for prevention of crime execution and socially dangerous effects at the same time did not come.

Chapter 7. Partnership in crime

Article 30. Partnership in crime

(1) Partnership in crime intentional joint participation of two or more persons in making of intentional crime is recognized.

(2) Assisting offenders, along with contractors, organizers, instigators and helpers are recognized.

(3) the Contractor the person who directly committed crime or directly participating in its making together with other persons, and also committed crime by means of use of other persons which by law are not subject to criminal liability is recognized.

(4) the Organizer the person who organized crime execution or directing its execution is recognized, and the person who created organized criminal group or criminal society or directing them is equal.

(5) the Instigator person which inclined to crime execution is recognized.

(6) the Helper person promoting crime execution by councils, instructions, provision of information, property, means or removal of obstacles, or person who was in advance promising to hide the criminal, tools or means of crime execution, traces of crime or objects got in the criminal way is recognized, and person which was in advance promising to acquire or sell such objects is equal.

(7) Responsibility of the organizer, instigator and helper comes under the same Article of the Special part of the Criminal code, as the contractor, with reference to this Article.

Article 31. Partnership forms

(1) Forms of partnership in crime are recognized: simple partnership, difficult partnership, organized criminal group, criminal society.

(2) Simple partnership crime execution by two or more persons is recognized, each of which makes the actions provided by actus reus (soispolnitelstvo). Simple partnership can be in two types:

1) made by group of persons without previous concert;

2) made by group of persons by previous concert.

(3) Difficult partnership crime execution by two or more persons with cast (the organizer, the instigator, the contractor and the helper) is recognized.

(4) Organized criminal group the steady group of two and more persons who previously became organized for making of crimes is recognized.

(5) the Criminal society (the criminal organization) steady, united consolidation of two and more persons or groups who previously became organized for systematic making of heavy and especially serious crimes is recognized.

Article 32. Excess of the principal offender

Excess of the contractor making by the contractor of actions which go beyond the arrangement of accomplices is recognized and are not covered by their intention.

Article 33. Responsibility for the crimes committed by organized criminal group

(1) the Person who created organized criminal group or directing it bears responsibility for all crimes committed by this group which were covered by its intention.

(2) Other members of organized criminal group bear responsibility for the crimes committed by organized criminal group which were covered by their intention, irrespective of carried out by them as a part of group of criminal activities.

Article 34. Responsibility for the crimes committed by criminal society (the criminal organization)

(1) the Organizer and the head of criminal society (the criminal organization) bear responsibility for the crimes committed by criminal society (the criminal organization) which were covered by intention of these persons and creations of this community (the criminal organization) answered criminal objectives.

(2) Members of criminal society (the criminal organization), irrespective of carried out in community (the criminal organization) of criminal obligations, are responsible as collaborators for all crimes committed by community (the criminal organization) if they were covered by their intention and entered circle of the purposes of creation of criminal society (the criminal organization).

Article 35. Concealment

(1) In advance not promised concealment of the criminal, and equally in tools and means of crime execution, traces of crime or objects got in the criminal way responsibility only in the cases which are specially provided by this Code attracts.

(2) are not subject to responsibility for in advance not promised concealment of spouses or close relatives of the suspect, the person accused or the defendant.

Chapter 8. The circumstances excluding crime of act

Article 36. Justifiable defense

(1) damnification to the encroaching person in condition of justifiable defense is not crime, that is in case of protection of the personality, property and the rights of defending or other persons protected by the law of interests of society or state from socially dangerous encroachment if this encroachment was integrated to violence, life-threatening and health of the defending or other person, or to direct threat of application of such violence.

(2) Protection against the encroachment which is not integrated to violence, life-threatening and health of the defending or other person or with direct threat of application of such violence, and also protection against infringement of occupancy of someone else's property, is lawful if at the same time exceeding of limits of justifiable defense, that is the intentional actions obviously not corresponding to nature and danger of encroachment was not allowed.

(3) Exceeding of limits of justifiable defense obvious discrepancy of protection to nature and degree of public danger of encroachment therefore encroaching obviously excessive, not caused by situation, severe harm is caused is recognized.

(4) are not exceeding of limits of justifiable defense of action of the defending person if this person owing to unexpectedness of encroachment could not estimate objectively degree and nature of danger of attack. Causing at the same time to the encroaching person of the bodily harms including which entailed his death in connection with unexpected attack or because of imprudence does not attract criminal liability.

(5) are not exceeding of limits of justifiable defense of action of the defending person in case of protection against illegal and violent penetration of the encroaching face into the dwelling made against the will of living (staying) in it on legal causes person, with causing to the forward of the bodily harms including which entailed his death.

(6) Irrespective of weight of the harm done encroaching is also not exceeding of limits of justifiable defense and does not attract criminal liability use of weapons or any other means or the tool for:

1) protection against attack of the armed individual;

2) protection against group attack.

Group attack in this Article attack of two and more persons, except for attacks of women with strong indications of pregnancy or persons who are obviously juveniles is considered.

(7) Provisions of this Article equally extend to all persons irrespective of their professional or other special training and official position, and also irrespective of opportunity to avoid socially dangerous encroachment or to ask for the help other persons or authorities.

Article 37. Emergency

(1) damnification to the right protected interests in emergency condition, that is for elimination of the danger menacing to the personality and the rights of this person or other persons, to interests of society and state if this danger could not be under these circumstances eliminated with other means is not crime and if the damage suffered is less considerable, than prevented.

(2) Exceeding of limits of emergency damnification, obviously not corresponding to nature and degree of the threatening danger and circumstances under which danger was eliminated when the harm equal or more considerable was done to the specified interests is recognized, than prevented. Causing at the same time harm on imprudence does not attract criminal liability.

Article 38. Damnification during detention of person who committed crime

(1) damnification to person is not crime during his detention at the moment or directly after making of crime by it for the purpose of transfer of the detainee to authorities if at the same time explicit discrepancy of measures of detention to nature and degree of public danger of deeds to detainees and to circumstances of detention was not allowed.

(2) Exceeding of the measures necessary for detention of person who made socially dangerous act explicit discrepancy of means and methods of detention of danger of the act and person which made it, and also to circumstances of detention therefore the harm which is not caused by need of detention is intentionally done to person is recognized. Causing at the same time harm on imprudence does not attract criminal liability.

Article 39. Execution of the order or other order

(1) damnification in case of lawful execution-faced the order or other order, equally in the obligations provided by its position is not crime.

(2) Person who committed crime under obviously criminal order or other order is subject to criminal liability in accordance with general practice.

(3) Person is not subject to criminal liability for non-execution or other violation of the order, the order, or job responsibilities if they were assigned to it illegally. Responsibility comes only if the act which is actually made by it contains structure of other crime.

Article 40. Reasonable risk

(1) damnification to the right protected interests is not crime in case of reasonable risk for achievement of the socially useful purpose.

(2) the Risk is recognized reasonable if committed action corresponds to modern scientific and technical knowledge and experience, and the effective objective could not be achieved by the actions which are not connected with risk and person which allowed risk took all feasible measures for prevention of harm to the right protected interests.

(3) the Risk is not recognized reasonable if it was obviously integrated to threat of death of people, environmental disaster or other heavy effects.

Section III. Punishment

Chapter 9. Concept and purposes of punishment. Punishment types

Article 41. Concept and purposes of punishment

(1) Punishment, there is enforcement measure (penalty) applied on behalf of the state according to the court verdict to person found guilty of crime execution, and consisting in deprivation or restriction of the rights and freedoms of the convict.

(2) Punishment is applied for the purpose of recovery of social justice, correction of convicts, and also the prevention of making of other crimes as condemned, and other persons.

(3) Punishment does not aim at causing physical sufferings or humiliation of human dignity.

Article 42. Types of punishments

(1) the following main types of punishment can be applied To persons who committed crimes:

1) attraction to social jobs;

2) penalty;

3) triple айып;

4) deprivation of the right to hold certain positions or to be engaged in certain activities;

5) public apology with compensation of damage;

6) corrective works;

7) restriction of freedom;

8) content in disciplinary military unit;

9) imprisonment;

10) lifelong imprisonment.

(2) Krom of primary punishments, the following additional punishments can be applied to convicts:

1) deprivation of special, military, honorary title, class rank, special class rank, diplomatic rank and state awards;

2) confiscation of property;

3) deprivation of the right to manage the vehicle.

(3) the Penalty, public apology with compensation of damage and deprivation of the right to hold certain positions or to be engaged in certain activities can be applied also as additional punishments.

Article 43. Social jobs

(1) Social jobs consist in accomplishment by the convict in time of free work, free from the main work or study, for benefit of society which type is determined by executive bodies of local self-government in coordination with criminal and executive inspection.

(2) Social jobs are appointed lasting from forty till three hundred sixty o'clock. Not over four hours a day, and the unemployed - not over eight hours a day are left by the convict free of charge for time, free from the main work and study.

Penalty in the form of attraction to social jobs is imposed, as a rule, taking into account state of his health, profession, qualification, the education level.

(3) in case of malicious evasion of the convict from social jobs the court on representation to criminal and executive inspectorate can replace punishment with corrective works, restriction of freedom or imprisonment within the terms provided respectively by Articles 46-3 and 49 of this Code. At the same time time during which the convict left social jobs is considered at the rate of one day of corrective works, restrictions of freedom or imprisonment in eight hours of social jobs.

Social jobs can be replaced with corrective works, restriction of freedom or imprisonment also if in the sanction of Article according to which person is found guilty, these types of punishments are not provided. At the same time the term of corrective works, restrictions of freedom or imprisonment is established for the term of no more than one year.

Time during which the convict worked is considered as the circumstance mitigating responsibility.

(4) Social jobs cannot be appointed:

1) serviceman;

2) to women at the age of over 55 years and to men is over 60 years;

3) to expectant mothers;

4) to the women having children under 3 years;

5) to disabled people of I and II groups;

6) to persons which do not have the permanent residence.

Article 44. Penalty

(1) the Penalty - is the collection in the income of the state imposed by court in cash, or estimated in size, the multiple cost of subject or the amount of commercial bribery or bribe in cases and limits set by this Code.

(2) the Penalty is established depending on nature and weight of the committed crime taking into account property status of the convict.

(3) the Penalty, except for making of the crimes provided by Articles 224, 226 and 303-315 of this Code as primary punishment is established in the amount of twenty settlement indicators to twenty five thousand settlement indicators, and as additional punishment - in the amount of twenty settlement indicators to five thousand settlement indicators at the time of crime execution.

(4) the Penalty as primary punishment for making of the crimes provided by Articles 224, 225 and 303-315 of this Code is established in the amount of five hundred to fifty thousand settlement indicators, and as additional punishment - in the amount of two hundred settlement indicators to ten thousand settlement indicators at the time of crime execution.

(5) the Penalty as the primary or additional punishment for making of the crimes provided by Articles 224, 225 and 303-315 of this Code estimated proceeding from size, the multiple amount of commercial bribery or bribe is established in the amount up to the hundredfold amount of commercial bribery or bribe, but there cannot be less than five hundred settlement indicators and more than fifty thousand settlement indicators.

(6) the Penalty as additional punishment is appointed by court only in the cases provided by the relevant articles of the Special part of this Code.

(7) in case of the recognition of fault and indemnification caused by the crime guilty of making of the crimes provided by Articles 224, 225 and 303-315 of this Code, the court imposes penalty in the form of the minimum size of the penalty provided by the specified Articles of this Code.

(8) in case of evasion from payment of penalty it is replaced with corrective works, restriction of freedom or imprisonment within the term provided by the relevant article of the Special part of this Code under which person is found guilty.

The penalty can be replaced with corrective works, restriction of freedom also if Article of the Special part of this Code under which person is found guilty does not prescribe these types punishments. At the same time terms of attraction to corrective works, restrictions of freedom or imprisonment are established from six months to one year.

Provisions of part 8 of this Article do not extend to convicts to mulctary punishment for the crimes provided by Articles 224, 225 and 303-315 of this Code.

(9) in case of evasion from payment of penalty condemned for making of the crimes provided by Articles 224, 225 and 303-315 of this Code it is replaced with imprisonment within the term provided by the relevant article of the Special part of this Code under which person is found guilty.

Article 45. Triple айып

(1) Triple айып is the collection imposed by court in triple extent of the caused damage in monetary or natural value.

(2) Two parts of triple ayyp are collected for benefit of the material and moral damage which was injured in compensation, the third part - for benefit of the state.

(3) in case of evasion from payment of triple ayyp it is replaced with corrective works, restriction of freedom or imprisonment within the term provided in the sanction of the relevant article of the Special part of this Code according to which person is found guilty.

Triple айып it can be replaced with corrective works, restriction of freedom or imprisonment also if in the sanction of the law under which person is found guilty, these types of punishments are not provided. At the same time terms of corrective works, restrictions of freedom or imprisonment are established from six months to one year.

Article 46. Deprivation of the right to hold certain positions or to be engaged in certain activities

(1) Deprivation of the right to hold certain positions or be engaged in certain activities can be appointed by court for a period of one year up to five years as primary punishment or for a period of one year up to three years as additional punishment. In the cases which are specially provided by the relevant articles of the Special part of this Code, deprivation of the right to hold certain positions or to be engaged in certain activities it is established for a period of three up to twenty years as auxiliary view of punishment.

(2) Deprivation of the right to hold certain positions or be engaged in certain activities as additional punishment can be appointed by court and in cases when this measure is not stipulated in Article the Special part of this Code, and, proceeding from nature of the commited by person crime, the court recognizes impossible preserving the right behind it to hold certain position or to be engaged in certain activities.

(3) In case of purpose of this punishment as additional to imprisonment, content in disciplinary part the current of term begins after departure of the primary punishment established by sentence. In case of purpose of deprivation of the right to hold certain positions or to be engaged in certain activities as punishment, additional to other types, and also in case of conditional condemnation its term is estimated from the moment of the introduction of sentence in legal force.

Article 46-1. Public apology with compensation of damage

(1) the Public apology with compensation of material damage as the type of criminal penalty is appointed by court for crime execution of small weight and less serious crimes and is expressed in bringing of apology before the victim in the presence of representatives of local government bodies, inhabitants of the respective settlement, and also labor collective.

(2) Penalty in the form of public apology is not imposed if material damage is not indemnified to the victim and the victim did not accept apology.

(3) In case of purpose of this punishment as additional, the public apology is brought in court.

Article 46-2. Corrective works

(1) Corrective works are appointed to the convict whose correction and re-education is possible without isolation from society and without removal from that area in which lived and worked before crime execution.

(2) Corrective works are appointed for making of crimes of small weight and less serious crimes term from three months to three years and are left on principle place of employment of the convict or in other places determined by executive bodies of local self-government in coordination with the bodies knowing execution of corrective works, but near the residence of the convict.

(3) From monthly earnings of the convict to corrective works deduction in the income of the state ranging from five to twenty percent is by a court decision made.

(4) in case of malicious evasion from serving of corrective works by person condemned to corrective works, the court on representation of the body knowing execution of the punishment can replace corrective works with imprisonment for a period of up to one year.

(5) Corrective works are not appointed to persons recognized disabled or the student in educational institutions with separation from production, to the military personnel, expectant mothers and women having juvenile children up to three years, to the disabled people of I and II groups and persons who do not have the permanent residence or place of employment.

Article 46-3. Restriction of freedom

(1) Restriction of freedom consists in imposing on the convict by court of the certain obligations limiting its freedom and is left in the place of his residence without isolation from society under the supervision of specialized state body.

(2) Restriction of freedom is appointed for crime execution of small weight or less serious crime term from six months to five years. In case of replacement of punishment in the form of attraction to social jobs with restriction of freedom, it can be appointed to term less than six months.

(3) Court, imposing penalty in the form of restriction of freedom, assigns on condemned execution of one or several obligations: not change the permanent residence, work and study without notice of the body exercising supervision; not visit certain places in time, free from study and work; not leave the residence; not leave to other places without the permission of the body exercising supervision. The court can assign to the convict to restriction of freedom execution and other obligations promoting its correction including: receive medical treatment for alcoholism, drug addiction, toxicomania, diseases, sexually transmitted, to perform material support to family.

(4) in case of malicious evasion from serving sentence by person condemned to restriction of freedom, the court on representation of the body exercising supervision can replace the unexpired term of restriction of freedom with custodial sanction with the same term. At the same time time of departure of restriction of freedom is set off imprisonments at the rate of one day of imprisonment in one day of restriction of freedom in time.

(5) Restriction of freedom is not designated to persons who do not have the permanent residence, to the foreign citizens and persons without citizenship who are temporarily living in the Kyrgyz Republic and also the military personnel.

(The court on representation of the body exercising supervision of behavior of the convict can cancel 6) during serving sentence in the form of restriction of freedom fully or partially earlier established condemned obligations or establish subsidiary duties.

Article 46-4. Deprivation of the right to manage the vehicle

 (1) Deprivation of the right to manage the vehicle can be appointed by court for a period of one year up to three years as additional punishment.

(2) Deprivation of the right to manage the vehicle as additional punishment can be appointed by court proceeding from nature of the commited by person crime.

(3) In case of purpose of this punishment as additional to imprisonment, content in disciplinary military unit the current of term begins after departure of the primary punishment established by sentence.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.