During the discussion, Talant Mamytov raised the question of how punishment for recidivists would be determined, recalling the practices that existed during the Soviet era.
He specified: "How will the punishment be assigned? For example, if a crime is punishable by five years of imprisonment, then in the case of recidivism, the term increases to 7.5 years. What will be the parameters for punishment for particularly dangerous recidivism?"
In response, Erkebek Ashirkhodzhaev stated that the draft law clearly outlines the principle for determining the severity of punishment. The number, nature, severity, and consequences of the crimes are taken into account, as well as the circumstances under which the previous punishment was ineffective. The punishment for recidivism should be no less than half of the maximum term, for dangerous recidivism - no less than two-thirds, and for particularly dangerous recidivism - no less than three-quarters of the maximum punishment.
For example, if a crime is punishable by 10 years of imprisonment, then in the case of recidivism, the term will be at least 5 years, and in the case of particularly dangerous recidivism - no less than 7 years and 6 months, explained the Deputy Minister of Internal Affairs.
Among the proposed changes is the abolition of probation and amnesty for recidivists. Mamytov reminded that previously, recidivists were held under special conditions and asked about the readiness of the executive system for such changes.
In response, the Deputy Chairman of the State Service for Execution of Sentences, Nurlan Sarchayev, reported that the relevant conditions are already provided for in the legislation.
He added: "We have isolated sections for holding recidivists, and all necessary conditions for their isolation have been created."
Mamytov also inquired about the necessity of these changes.
The deputy clarified: "Why are the current codes ineffective in combating crime? Why was the concept of recidivism returned?"
Ashirkhodzhaev explained that the tightening of punishment is aimed at preventing offenses.
He noted: "If a person has already served a sentence and commits a crime again, it indicates their inability to change. The draft law is designed for those who make crime their habitual activity. If a convict, after serving three years, commits a crime again, the punishment should be stricter — for example, 5 years. There have been cases where convicts for murder, after serving 10–12 years, killed again after being released. Such people do not change, and we must protect society from them," added the Deputy Minister of Internal Affairs.
