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LAW OF THE KYRGYZ REPUBLIC

of January 20, 2017 No. 7

About bases of amnesty and procedure for its application

Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 22, 2016

Article 1. Concept and terms of amnesty

1. Amnesty is the act of state body adopted in the form of the law for the purpose of realization of the principle of humanity and mercy, concerning individually uncertain group of people and providing release from criminal penalty.

2. The law on amnesty can be issued in case of need, but is not more often than once for calendar year.

Article 2. Operation of amnesty around persons

1. Operation of amnesty extends:

1) on the defendants who committed crimes in the territory of the Kyrgyz Republic, and case on crimes which are considered by courts of the Kyrgyz Republic;

2) on the convicts serving sentence in the territory of the Kyrgyz Republic.

2. The law on amnesty cannot extend to persons who made criminal offenses and violations.

Article 3. Structure and contents of the law on amnesty

The law on amnesty contains:

1) the preamble explaining need of carrying out amnesty;

2) categories of persons which are subject to amnesty;

3) categories of the crimes falling under operation of amnesty;

4) the term by which the remained unexpired part of custodial sanction is reduced;

5) the bodies performing the act of amnesty;

6) completion dates of the act of amnesty;

7) the explaining provisions concerning application and execution of the act of amnesty.

Article 4. Release from criminal penalty based on the law on amnesty

The release from criminal penalty applied to defendants and convicts based on the law on amnesty can consist:

1) in full relief from criminal penalty in the form of imprisonment;

2) in partial release from criminal penalty in the form of imprisonment.

Article 5. Partial release from criminal penalty

1. Depending on category of crime partial release from criminal penalty provides:

1) for less serious crime - unexpired term of deprivation of freedom is reduced on 1/2;

2) for serious crime - unexpired term of deprivation of freedom is reduced on 1/3;

3) for especially serious crime - unexpired term of deprivation of freedom is reduced on 1/4.

2. Provisions of part of 1 this Article extend to all crimes, except for listed regarding 1 article 7 of this Law.

Article 6. Circle of defendants and convicts to whom the law on amnesty is not applied

1. The law on amnesty is not applied to defendants and convicts:

To which 1) amnesty or pardon was applied earlier;

2) to lifelong imprisonment;

3) made two and more crimes if at least one of them does not fall under operation of the law on amnesty;

To which 4) enforcement powers of educational or medical nature are applied;

5) recognized as malicious violators of the mode of serving sentence.

2. The law on amnesty does not extend concerning defendants or convicts to whom security measures were applied.

3. The law on amnesty is not applied to legal entities to whom enforcement powers of criminal law action are applied.

Article 7. Types of crimes in case of which making the law on amnesty is not applied

1. The law on amnesty is not applied to defendants and convicts for:

1) murder in case of aggravating and especially aggravating circumstances;

2) tortures;

3) the rape committed concerning obviously minor;

4) the rape committed concerning obviously juvenile;

5) the violent acts of sexual nature made concerning obviously minor (minor);

6) the violent acts of sexual nature made concerning obviously juvenile (juvenile);

7) act of terrorism;

8) assistance of terrorist activities;

9) taking of hostages;

10) creation of organized group or participation in it;

11) creation of the criminal organization or participation in it;

12) creation of illegal armed group or participation in it;

13) illegal manufacture, acquisition, storage, transportation, transfer of drugs, psychotropic substances and their analogs with sales objective;

14) high treason;

15) espionage;

16) forcible seizure of power;

17) public calls for the forcible seizure of power;

18) separatist activities;

19) armed rebellion;

20) excitement of racial, ethnic, race, religious or interregional hatred (discord);

21) creation of the extremist organization;

22) disclosure of the state or military secret;

23) corruption;

24) the abuse of official capacity made by the official holding responsible position;

25) the exceeding of the power made by the official holding responsible position;

26) the illegal enrichment made by the official holding responsible position;

27) the taking of a bribe made by the official holding responsible position;

28) the bribe racketing made by the official holding responsible position;

29) crimes against the world;

30) crimes against humanity;

31) enforced disappearance;

32) genocide;

33) production, purchase, transfer, accumulating, application or distribution of weapons of mass destruction;

34) propaganda for war;

35) apartheid;

36) attack on persons or the organizations using international protection;

37) ecocide;

38) violation of the laws and customs of war;

39) violence against inhabitants in the war zone;

40) criminal violations of regulations of international humanitarian law;

41) crime of omission or afterfeast of the criminal order during military operations;

42) nayemnichestvo.

2. The law on amnesty is not applied to the defendant or the convict who did not compensate at least 3/4 amounts of the damage caused to them.

Article 8. Operation of the law on amnesty

1. Operation of the law on amnesty extends to all crimes, except for specified in article 7 of this Law, its introductions made about one day in force.

2. Amnesty does not extend to the lasting and continued crimes if they are ended, stopped or interrupted after entry into force of the law on amnesty.

3. In cases when the question of application of the law on amnesty arises after the expiration of the terms provided for its application (owing to change of legal qualification of actions of the convict), the act of amnesty can be applied to the convict after the expiration of the specified terms.

Article 9. Terms of application and execution of amnesty

Convicts to whom according to the law on amnesty partial release from criminal penalty is applied shall be officially informed by the authorized body performing punishment on new calculation of term of punishment and on end date of serving sentence within three months after the introduction of the law on amnesty in force.

Similar data concerning defendants are stated in sentence.

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