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THE CODE OF THE KYRGYZ REPUBLIC ABOUT OFFENCES

of February 1, 2017 No. 18

(as amended on 10-03-2021)

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

General part

Section I. General provisions

Chapter 1. Legislation on offenses, its purposes and principles

Article 1. Legislation on offenses and its purpose

1. The legislation of the Kyrgyz Republic on criminal offenses (further - offenses) consists of of this Code based on the Constitution of the Kyrgyz Republic, the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic (further - the international agreements), and also on the conventional principles and rules of international law.

2. Other legal acts providing responsibility for offense making are subject to application after their inclusion in this Code.

3. The purposes of this Code is protection of the rights and personal freedoms, societies and the states from the illegal acts provided by this Code, the prevention of the specified acts, and also recovery of the justice broken by their making.

Article 2. Principle of legality

1. Nobody can be subjected to criminal law action measures in connection with offense making differently, as on the bases and according to the procedure, established by this Code.

2. Nobody can bear twice responsibility for making of the same offense.

3. Observance of requirements of the law in case of application of measures of the state impact for making of offense is provided with systematic control from authorized state bodies.

Article 3. Principle of legal definiteness

1. Legal definiteness means possibility of exact establishment by this Code of the basis for accountability for offense, and also all signs of structure of offense.

2. The law on offenses shall determine accurately and clearly punishable offense and is not subject to extensive interpretation.

3. Application of the law on offenses by analogy is forbidden.

Article 4. Principle of equality before the law

1. Persons who made the acts provided by this Code are equal before the law and races, language, disability, ethnic origin, religion, age, political or other convictions, education, origin, property or other status, and also other circumstances are subject to criminal liability irrespective of floor.

2. Are not violation of equality of provision of this Code which determine features of criminal liability and punishment of some categories of persons:

1) women, first of all in connection with pregnancy, childbirth and breastfeeding of the child;

2) the women or men who are on child care leave;

3) minors;

4) staying on the military registry, and in connection with passing of military service and mobilization;

5) disabled people, the disabled persons and persons having the disease constituting danger to other people;

6) foreigners and stateless persons which do not live constantly in the Kyrgyz Republic.

Article 5. Principle of fault

1. Person is subject to criminal liability only for those actions (failure to act) and the effects which were caused their making concerning which his guilt is ascertained.

2. Nobody can be found guilty of making of offense and will subject to punishment until his guilt is proved legally and established by the conviction of court which took legal effect.

Article 6. Concept of justice

1. The punishment and other measures of criminal law action applied to person who made the act provided by this Code shall correspond to weight of offense, and also circumstances of its making.

2. Nobody can be repeatedly brought to trial for the same crime or the same offense.

Article 7. Principle of personal nature of criminal liability

Only person who is intentional is subject to criminal liability and punishment for offense or on imprudence made the act provided by this Code.

Article 8. Principle of individualization of criminal liability and punishment

In case of the solution of question of criminal prosecution and assignment of punishment the court shall consider nature and severity of committed offense, its motives and the purposes, the identity of the guilty person, the extent of damage suffered, circumstances aggravating and commuting penalty, opinion of the victim and also to motivate the chosen measure of punishment in sentence.

Article 9. Principle of humanity

1. This Code provides protection of the personality, his life and health, honor and advantage, immunity and safety as the highest social values.

2. To person who made offense, the court imposes the penalty necessary and sufficient for its correction, resocialization, the prevention of making of new offenses, and also for the purpose of justice recovery.

3. Punishment and other measures of criminal law action cannot have the content causing physical sufferings and humiliation of human dignity.

4. Changes which unreasonably toughen punishability and other criminal consequence in law of the acts provided by it cannot be made to this Code.

Article 10. Principle of inevitability of responsibility

Person who made the act provided by this Code is subject to punishment and (or) other measures of criminal law action. Release from criminal liability, punishment or its serving, and also replacement of punishment to softer are allowed only in the cases provided by this Code.

Chapter 2. Limits of operation of the law on offenses

Article 11. Operation of the law on offenses concerning persons who made offense in the territory of the Kyrgyz Republic

1. Person who made offense in the territory of the Kyrgyz Republic is subject to responsibility according to this Code.

2. The offense made in the territory of the Kyrgyz Republic is recognized such act which:

1) it is begun, ended or stopped in the territory of the Kyrgyz Republic;

2) it is made in the territory of the Kyrgyz Republic, and effects came beyond its limits;

3) is formed in total or along with other acts by offense which part is made in the territory of the Kyrgyz Republic.

3. The question of responsibility of diplomatic representatives of foreign states and other citizens who according to current laws and international treaties are incompetent to courts of the Kyrgyz Republic in case of making by these persons of offense in the territory of the Kyrgyz Republic, is allowed on the basis of rules of international law.

Article 12. Operation of the law on offenses concerning persons who made offense outside the Kyrgyz Republic

This Code is not effective concerning persons who made offense outside the Kyrgyz Republic.

Article 13. Operation of the law on offenses in time

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

2. Time of making of offense time of committing by person of the action provided by the law or failure to act is recognized. In cases when obligatory sign of structure of offense is approach of certain effects, time of making of offense time of approach of these effects is recognized.

Article 14. Retroactive effect of the law on offenses

1. The law which is eliminating responsibility or commuting penalty for offense, and equally improving other consequence in law of committed offense extends to those acts which are made before its entry into force.

2. The law which is establishing or strengthening punishment for offense, and equally toughening other consequence in law of committed offense has no retroactive force.

3. The law which is partially mitigating and partially toughening act criminal consequence in law has retroactive force in time only in that part in which mitigates these effects.

4. If since making of offense until adjudgement of court the law changed repeatedly, the softest law is applied.

5. The enforcement power of educational nature and (or) other measures of criminal law action are applied to offense only based on of this Code acting during permission of case in court.

Section II. Offense

Chapter 3. Concept of offense. Basis of responsibility for offense

Article 15. Concept of offense

1. Offense the guilty, illegal act (action or failure to act) doing harm made by the subject of offense or creating threat of damnification of the personality, to society or the state for which punishment is prescribed by this Code is recognized.

2. Are recognized illegal according to this Code intentional or careless act which does the harm which is not heavy or considerable in understanding of the Criminal code of the Kyrgyz Republic and also intentional act which creates threat of causing considerable harm.

Article 16. The lasting offense

1. The lasting offense the act provided by this Code which making begins with action or failure to act and which then is performed continuously is recognized.

2. The lasting offense is ended from the moment of cancellation or failure to act.

Article 17. Basis of responsibility for offense

The basis of criminal liability for offense is making of the act provided by this Code containing all signs of structure of offense if in act there are no signs of the actus reus provided by the Criminal code of the Kyrgyz Republic.

Chapter 4. Subject of responsibility for offense

Article 18. Subject of offense

1. Subject of offense is the physical responsible person to whom before making of offense sixteen years were performed.

2. Special subject is the person having the signs specified regarding 1 this Article, and who made offense which subject can be only certain person.

Article 19. Diminished responsibility

1. Person who during making of the action (failure to act) provided by this Code was in diminished responsibility condition is not subject to responsibility for offense making, that is could not realize the actual nature and public harm of the action (failure to act) or direct it owing to chronic sincere disease, temporary mental disturbance, weak-mindedness or other disease state of mentality.

2. Person who made it in sanity condition is not subject to responsibility for offense making, but before removal of sentence by court got sick with the sincere disease depriving of it opportunity to realize the actions (failure to act) or to direct them.

Article 20. Responsibility for the offense made in state of intoxication

Person who made offense in the state of intoxication caused by alcohol intake, drugs or other stupefying substances is subject to responsibility for this offense.

Chapter 5. Wine

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