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PENITENTIARY CODE OF THE KYRGYZ REPUBLIC

of January 31, 2017 No. 17

(as amended of the Law of the Kyrgyz Republic of 15.05.2019 No. 62)

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

General part

Section I. Basic provisions of the criminal and executive legislation

Chapter 1. General provisions

Article 1. Criminal and executive legislation

1. The criminal and executive legislation of the Kyrgyz Republic is based on the Constitution of the Kyrgyz Republic (further - the Constitution), the regulatory legal acts of the Kyrgyz Republic establishing procedure and conditions of execution and serving of punishments and enforcement powers of criminal law action.

2. The international agreements which came in the procedure established by the law into force which participant is the Kyrgyz Republic and also the conventional principles and rules of international law are component of the criminal and executive legislation.

3. Recommendations (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.

4. Local government bodies adopt regulatory legal acts concerning execution of punishments and enforcement powers of criminal law action in the cases established by this Code and also other regulatory legal acts directed to resocialization of convicts and rendering the public assistance to them.

5. Restrictions of the rights, freedoms and legitimate interests of convicts cannot be set by the subordinate regulatory legal acts establishing procedure and conditions of execution and serving of punishments and enforcement powers of criminal law action if those are not provided by the law.

Article 2. The basic concepts applied in this Code

In this Code the following main terms, concepts and their determinations are applied:

1) the criminal and executive legislation - system of the regulatory legal acts which are directly governing the public relations arising in the course of execution (serving) of criminal penalties and other measures of criminal law action;

2) the principles of the criminal and executive legislation - the leading legal ideas expressing the main legal views of the state of nature of the criminal and executive legislation and regulation of the public relations in case of execution of criminal penalties;

3) correction of convicts - the social and positive change of their behavior based on repentance of deeds and motivation of right obedient behavior, respect for the person, society and observance of requirements of regulations of human community;

4) resocialization - process of recovery of necessary social bonds of the convicts promoting positive integration into society after departure of punishments or enforcement powers of criminal law action;

5) the bodies and organizations performing punishments and enforcement powers of criminal law action - the bodies and organizations performing punishments and the enforcement powers of criminal law action provided by the penal legislation;

6) the serving sentence mode - the procedure for execution and serving of punishments and enforcement powers of criminal law action established by this Code and other regulatory legal acts;

7) state body of criminal executive system - the authorized executive body performing management in the field of execution of punishments and enforcement powers of criminal law action;

8) criminal executive system - system of the bodies and organizations performing executive and administrative functions on ensuring execution of criminal penalties and enforcement powers of criminal law action;

9) probation is the social legal institution of the state performing application to convicts of package of measures of the state coercion, public impact with their voluntary participation in individual social and legal programs, founded on social research of the personality and directed to correction of convicts, prevention of making of offenses, rendering social assistance and taking measures to their resocialization;

10) body of probation - the authorized state body performing execution of the criminal penalties which are not connected with isolation from society, and enforcement powers of criminal law action, supervision of persons which are conditionally ahead of schedule exempted from correctional facilities with accomplishment of social and legal functions;

11) probation supervision - activities of body of probation for control of execution of the assigned by court to convicts of the supervising requirements and their behavior, to rendering package of measures of social and legal nature to them developed and realized individually concerning person which is under probation supervision for change of his behavior for the purpose of correction and resocialization of the convict, and also prevention of making of new crimes by it, offenses and other offenses;

12) guardroom is the room for detention and serving sentence by the military personnel based on the court verdict determined by army regulations and the Code of the Kyrgyz Republic about offenses (further - the Code about offenses);

13) mediator - the impartial person giving help to the parties in carrying out mediation (the intermediary in the relations);

14) mediation - the procedure of settlement of legal dispute with assistance of mediator by approval of interests of parties at variance for the purpose of achievement of the mutually acceptable agreement by them (mediation, peace method of the dispute resolution with the participation of the mediator which is not participating in dispute).

Article 3. Purposes, tasks and contents of the criminal and executive legislation

1. The purposes of the criminal and executive legislation are:

1) creation of conditions for correction and resocialization of convicts and other persons to whom punishments and enforcement powers of criminal law action are applied;

2) human rights protection in case of execution of punishments and enforcement powers of criminal law action;

3) safety of the personality, society and state, prevention of making of crimes and offenses by convicts and other persons.

2. According to these purposes the criminal and executive legislation is designed to solve the following problems:

1) regulation of procedure and conditions of serving of punishments and enforcement powers of criminal law action;

2) determination of cures and resocialization of convicts, prevention of crimes and offenses;

3) rendering social legal assistance to convicts and persons to whom punishments and enforcement powers of criminal law action are applied;

4) determination of forms of participation of the public in activities of the organizations and bodies performing punishments and enforcement powers of criminal law action.

3. The criminal and executive legislation establishes:

1) general provisions and the principles of execution of the punishments and enforcement powers of criminal law action provided by the Criminal code of the Kyrgyz Republic (further - the Criminal code) and the Code about offenses;

2) procedure and conditions of execution and serving of punishments and enforcement powers of criminal law action, use of cures and resocialization of convicts;

3) legal status of convicts and system of guarantees of providing their rights, freedoms and legitimate interests;

4) procedure for activities of the bodies and organizations performing punishments and enforcement powers of criminal law action, and also participation of public authorities and local government bodies, other organizations, public associations and citizens in correction of convicts;

5) procedure for release from serving of punishments and enforcement powers of criminal law action, assistance to convicts in their resocialization.

Article 4. Operation of the criminal and executive legislation in space and time

1. The criminal and executive legislation is applied to persons to whom penalties or enforcement powers of criminal law action, in all territory of the Kyrgyz Republic are imposed.

2. Execution and serving of punishments and enforcement powers of criminal law action are performed according to the legislation existing at the time of their application.

Article 5. Basis of execution of punishments and enforcement powers of criminal law action

The bases of execution of punishments and enforcement powers of criminal law action are the sentence or the judgment changing or supplementing it which took legal effect, the act of amnesty and its application, the act of pardon.

Article 6. Fixed assets of correction and resocialization

1. Fixed assets of correction and resocialization of convicts are the established procedure of execution and serving of punishments and enforcement powers of criminal law action (mode); educational impact; socially useful work; work on social adaptation; education and professional training.

2. Criteria for evaluation of correction and resocialization of convicts are the right obedient behavior, conscientious attitude to work and training, active participation in educational actions, and also in programs of resocialization, conciliatory procedures with the victims, voluntary taking measures to indemnification, caused by crime or offense, participation in life of the family, forming of the valuable orientations based on respect of social norms.

Chapter 2. Principles of the criminal and executive legislation

Article 7. Principles of the criminal and executive legislation

The criminal and executive legislation is based on the principles of legality, humanity, participation of the public, equality of convicts before the law, differentiation and individualization of execution of punishments and enforcement powers of criminal law action, rational application of enforcement measures and stimulation of right obedient behavior, connection of punishments and enforcement powers of criminal law action with corrective impact on convicts and their resocialization.

Article 8. Principle of legality

1. Activities of the bodies and organizations performing punishments and enforcement powers of criminal law action are based on compliance with law. The administration of the bodies and organizations performing punishments and enforcement powers of criminal law action bears responsibility for law enforcement according to the legislation.

2. Convicts shall observe the requirements of the legislation determining procedure and conditions of execution and serving of punishments and enforcement powers of criminal law action.

3. Their rights and obligations, stipulated by the legislation shall be explained to convicts in full, access to the regulatory legal acts regulating procedure and conditions of execution and serving of punishments and enforcement powers of criminal law action is provided.

Article 9. Principle of humanity

1. The criminal and executive legislation is directed to protection of human dignity, life, health, the rights, freedoms and legitimate interests of convicts and other persons.

2. Execution of punishments and enforcement powers of criminal law action does not aim humiliation of human dignity, causing physical and moral sufferings, application of tortures and ill treatment. The treatment of convicts is based on recognition, respect and protection of their right to immunity of human dignity.

Article 10. Principle of participation of the public

1. Activities of the organizations and bodies performing punishments and enforcement powers of criminal law action are performed on the basis of cooperation with public authorities and local government bodies, publicity and interaction with mass media and other structures of civil society, accounting of public opinion on questions of enhancement of the criminal and executive legislation, public control over activities of the bodies and organizations performing punishments and enforcement powers of criminal law action.

2. Application to convicts of cures and resocialization is performed on the basis of development of their useful initiative, self-government elements with the assistance of the close relatives and other persons capable to make on them positive impact.

Article 11. Principle of equality of convicts before the law

1. In the course of execution of punishments and enforcement powers of criminal law action convicts are not exposed to discrimination on the basis of floor, race, language, disability, ethnic origin, religion, age, political or other convictions, educations, origins, property or other status, nationality, and also other circumstances.

2. Equality of convicts before the law does not exclude the differentiated approach to determination of procedure and conditions of serving of punishments and enforcement powers of criminal law action depending on their age, sex, behavior during serving of punishments and enforcement powers of criminal law action, and equally in other circumstances.

Article 12. Principle of differentiation and individualization of execution of punishments and enforcement powers of criminal law action

Execution of punishments and enforcement powers of criminal law action is performed taking into account their types, nature and degree of public danger of the committed crime, the identity of the convict, his behavior during serving of punishments and enforcement powers of criminal law action, the relation of the convict to work and training, participation in educational actions, and also in the programs of resocialization, taking measures to compensation of material damage and moral harm caused by crime or offense.

Article 13. Principle of rational application of forced means and stimulation of right obedient behavior

The behavior of the punishments condemned during serving and enforcement powers of criminal law action, observance by them of the established requirements of the mode, the relation to work and training, participation in educational actions, and also in the programs of resocialization, taking measures to compensation of material damage and moral harm caused by crime or offense are considered in case of expansion or restriction of their rights and legitimate interests in limits, stipulated by the legislation.

Article 14. The principle of connection of punishments and enforcement powers of criminal law action with corrective impact on convicts and their resocialization

Execution of punishments and enforcement powers of criminal law action is combined with complex application to convicts of the means of social and psychological and pedagogical nature directed to their correction and resocialization.

Chapter 3. Legal status of convicts

Article 15. Bases of legal status of convicts

1. The respect, protection of the rights, freedoms and legitimate interests of convicts provide legality of application of means of their correction and resocialization, and also legal protection and personal security.

2. Convicts have the rights, freedoms and perform duties with the restrictions set by the Constitution, the Criminal code, the Code about offenses, this Code and other laws.

3. The condemned foreigners and stateless persons have the rights and freedoms, and also perform the duties established for all citizens if other is not provided by the Constitution, other laws and with the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

4. The rights and obligations of convicts, and also restriction of their rights are determined by this Code proceeding from procedure and conditions of execution of specific type of punishment and enforcement powers of criminal law action.

5. Realization by convicts of the rights and legitimate interests shall not violate the rights and legitimate interests of other persons, the right protected interests of society and state.

Article 16. Basic rights of convicts

1. Basic rights of convicts are right to be informed about procedure and conditions of serving of punishments and enforcement powers of criminal law action; worthy address; personal security; health protection and receipt of qualified medical care; social protection, legal aid; education; liberty of conscience and religious liberty; the address with offers, statements and claims; giving explanations and conducting correspondence, and also the address with offers and claims on native or in any other language which they know; participation in mediation with the victims; maintenance of bonds with diplomatic representations and consular establishments (for the condemned foreign citizens).

2. Convicts have other rights and legitimate interests according to this Code, other regulatory legal acts establishing procedure and conditions of execution and serving of punishments and enforcement powers of criminal law action.

3. The procedure for realization of the rights of convicts is established by this Code and other regulatory legal acts.

Article 17. Right of convicts to receipt of information on procedure and conditions of serving of punishments and enforcement powers of criminal law action

1. Convicts have the right from the bodies and organizations performing punishments and enforcement powers of criminal law action, information on procedure and conditions of execution of punishments and enforcement powers of criminal law action and about their changes about the rights, legitimate interests and obligations during their serving.

2. The administration of body or organization, performing punishment and enforcement powers of criminal law action, shall provide in writing and explain to the convict under list information on its rights, legitimate interests, obligations and restrictions.

Article 18. Right of convicts to the worthy address

1. Convicts shall not be exposed to tortures and another to the brutal, cruel or degrading advantage types of the address or punishment.

2. Convicts have the right to the worthy address from personnel of the bodies and organizations performing punishments and enforcement powers of criminal law action. Enforcement measures are applied to convicts on the basis and according to the procedure, established by the legislation.

3. Convicts shall not be exposed to medical, biological, psychological and other experiences without their voluntary consent expressed and certified properly.

Article 19. Right of convicts to personal security

1. In case of threat of life, to health or advantage of the convict from other convicts or other persons he has the right to address in writing or orally any employee of body or organization, performing punishment or enforcement power of criminal law action, with request for elimination of threat of personal security.

2. In case of threat of life, to health or advantage of the body condemned administration or the organizations performing punishment or enforcement power of criminal law action shall take immediate measures for its elimination, including by transfer of the convict to the safe place irrespective of its consent.

3. In case of threat to two and more condemned administration of body or the organization performing punishment or enforcement power of criminal law action takes immediate measures for isolation of source of threat irrespective of its consent.

4. Transfer of the convict to the safe place is made under the motivated resolution of the chief of body or organization, performing punishment or enforcement power of criminal law action.

5. When preserving the threat specified regarding 1 this Article, the administration of body or the organization performing punishment or enforcement power of criminal law action shall take measures for the direction of the convict in other body or organization performing punishment or enforcement power of criminal law action.

6. The convict transferred to the safe place serves sentence or enforcement powers of criminal law action in the conditions determined to it before transfer to the safe place.

7. In case of rejection of timely measures on ensuring personal security of the body condemned administration or the organizations performing punishment or enforcement power of criminal law action bears responsibility according to the legislation.

8. As the safe place the rooms ensuring safety of the convict as specially created, and cameras of penal insulators, rooms of chamber type, solitary confinements and rooms of temporary isolation can be used.

Article 20. Right of convicts to health protection and receipt of qualified medical care

1. Convicts during execution and serving of punishments or enforcement powers of criminal law action have the right to creation of the conditions providing protection of their health including receipt of free primary medical and sanitary and specialized medical care, including in out-patient and polyclinic or stationary conditions.

2. Medical care by the convict can be provided in healthcare institutions irrespective of their form of business and pattern of ownership in volume of the state guarantees established by the legislation in the field of health care.

3. The administration of the bodies and organizations performing punishments and enforcement powers of criminal law action creates conditions for medical and sanitary and epidemiologic attendance of convicts.

Article 21. Right of convicts to social protection

1. Convicts have the right on social and provision of pensions in accordance with general practice according to the procedure, established by the legislation.

2. Conditions of voluntary medical insurance, and equally in other forms of social protection extend to convicts.

3. The administration of the bodies and organizations performing punishments and enforcement powers of criminal law action creates conditions for realization by convicts of the right to social protection.

Article 22. Right of convicts to receipt of legal aid

1. Convicts have the right to the legal aid including guaranteed by the state in the form of advisory legal assistance and qualified legal aid according to the procedure, established by the legislation.

2. The administration of the bodies and organizations performing punishments and enforcement powers of criminal law action provides to convicts the advisory legal assistance guaranteed by the state and creates conditions for receipt of legal aid by them, according to the procedure, established by the legislation.

3. For receipt of the legal aid including guaranteed by the state of qualified legal aid, convicts can use services of lawyers, and also the other persons having the right to rendering such help.

Article 23. Right of convicts to education

1. Convicts have the right to the main general and secondary general, primary and secondary professional education according to the procedure, established by the legislation.

2. The administration of the bodies and organizations performing punishments and the enforcement powers of criminal law action connected with isolation from society creates conditions for receipt of free general and professional education by convicts.

Article 24. Right of convicts to liberty of conscience and religion

1. Liberty of conscience and religions is guaranteed to the convicts serving sentences and enforcement powers of criminal law action.

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